KZN INLAND HOCKEY ASSOCIATION
2. INTRODUCTION AND INTERPRETATION
12. NOMINATION AND ELECTION OF OFFICERS
14. AMENDMENTS TO THE CONSTITUTION
15. MISCONDUCT AND DISCIPLINE
17. DISSOLUTION OF THE ASSOCIATION
KZN INLAND HOCKEY ASSOCIATION
(Revised and adopted 17 MARCH 2009)
1.1 The organisation shall be called the KZN Inland Hockey Association hereinafter referred to as the Association and shall be affiliated to and play in accordance with the Constitution, Bye-Laws and Rulings of the South African Hockey Association.
1.2 The term “KZN Inland” where used in this Constitution shall mean the Geographical boundaries of the Association as defined by The South African Hockey Association.
2. INTRODUCTION AND INTERPRETATION
The Natal Midlands Hockey Association was formed in 1993 when the representatives from the following Bodies merged their interests to form the Natal Midlands Hockey Association:
2.1 Natal Midlands Men’s Hockey Association (Established 1937)
2.2 Natal Midlands Women’s Hockey Association (Established 1983)
2.3 Northern Natal Women’s Hockey Board (Established 1977)
2.4 Northern Natal Men’s Hockey Association (Established 19 )
2.5 Natal Midlands Districts Men’s Hockey Association (Established 19 )
In the Constitution and Bye-Laws whereby context so requires, words and expressions importing one gender shall include the other gender, save when referring to the previous Bodies.
Any decision made on the interpretation of the Constitution and Bye-Laws by the Executive shall be final.
The objectives of the Association shall be:
3.1 To control, promote and develop Hockey, including Indoor Hockey, at all levels in the KZN Inland, in terms of this Constitution and in accordance with the Statutes of the FIH.
3.2 To support and maintain the rules of the game of Hockey as adopted by The South African Hockey Association.
3.3 To adjudicate on points arising out of playing the game of Hockey.
3.4 To advance the interests of the game of Hockey in the KZN Inland generally, regardless of politics, race, religion or gender.
3.5 To do all things that may be directly or indirectly conducive of these objectives.
3.6 To promote a Development Programme that will urgently address any imbalances that exist in facilities, coaching, umpiring and resources.
3.7 To co-operate with other hockey organisations with a view to improving the standard of the sport at all levels.
The Headquarters of the Association shall be based in Pietermaritzburg.
5.1 The playing colours of the Association (i.e. Shirts, shorts, skirts, socks and tracksuits) shall be blue, green and white.
5.2.1 Senior Provincial Teams:
The official badge shall have an elephant with two crossed hockey sticks as its emblem. The name “KZN Inland Hockey” shall appear on the badge.
5.2.2 Other representative teams and accompanying umpires of the Association shall wear the same badge which will have an inscription underneath to specifically identify the team (e.g. KZN Inland U21, KZN Inland Country Districts, etc).
5.3 The tie of the Association shall have the same emblem as on the badge.
5.4 Colours shall only be presented to players and umpires and accredited technical officials representing the Association at Inter-Provincial tournaments or against a fully-fledged touring International Team, or after representing the Association in three Inter- Provincial matches. The Manager, Coach and other Team Officials of any active side representing the Association shall be entitled to colours (the badge shall have the word Manager, Coach, Umpire or other designation inscribed underneath).
5.5 KZN Inland colours may be awarded to sports administrators for services rendered to KZN Inland Hockey over a minimum period of service of five years. Such a person receives a KZN Inland badge with the words ‘Pro Merito” appearing on the badge. All nominations for KZN Inland colours to sports administrators must be submitted with a full motivation and curriculum vitae to the KZN Inland Hockey Association Executive Committee for consideration.
5.6 The Association retains the right to withdraw any colours presented if in its opinion the Association has been brought into disrepute by an individual who has received such colours.
6.1 AFFILIATE MEMBERSHIP
Affiliate Membership shall be open to all fully constituted hockey clubs operating or playing the game within the geographical boundaries of the Association, on application and subject to acceptance at an Annual General Meeting or a Special General Meeting.
6.1.1. Clubs with teams in both men’s and women’s leagues and having a unified executive.
6.1.2. Clubs with teams in either the men’s or women’s leagues.
6.2 ASSOCIATE MEMBERSHIP
Associate membership shall be granted to the controlling body of Schools Hockey in South Africa, Country Districts and Masters Hockey in the KZN Inland provided that the Constitution of the body shall not be at variance with the Association’s Constitution.
6.3 APPLICATION FOR MEMBERSHIP
All applications for affiliation under Section 6.1 and 6.2 shall be submitted to the Executive Committee as defined under Clause 9. Any application for membership must be made 7 (seven) days prior to the Annual General Meeting and must be accompanied by a constitution, which shall not be at variance with the Association’s Constitution. Admission of a new member or club shall be determined by a simple majority (50% + 1) vote at the AGM by the registered members of the Association.
6.4 HONORARY LIFE MEMBERSHIP
6.4.1 HONORARY LIFE VICE PRESIDENTS
Any person who has served as President of the KZNIHA or as President of one of the bodies as listed in Section 2 may be nominated to become an Honorary Life Vice President of the Association. An affiliate member or the Executive Committee may submit nominations for Honorary Life Vice Presidents which will be presented to the Annual General Meeting. A seconder for the proposal is required and voting will be by ballot.
6.4.2 HONORARY LIFE MEMBERS
188.8.131.52 Any person who was granted life membership of the bodies listed under section 2 is automatically a life member of the KZNIHA.
184.108.40.206 Any person who has made substantial and/or outstanding contribution to the sport may be nominated to become a life member. Should a Person be nominated for club hockey involvement, that service should be no less than of ten year’s duration. Should a person be nominated for contribution to KZNIHA hockey, that service should be of no less than five year’s duration.
220.127.116.11 Such nomination shall be made only on the grounds of appreciation of such person’s services to the game of hockey, and shall be submitted with the motivation of the nomination. An affiliate member or the Executive Committee may submit nominations for Honorary Life Membership which will be presented to the Annual General Meeting. A seconder for the proposal is required and voting will be by ballot.
7.1 Council, as defined in Clause 8, shall determine the policies of the Association and shall be responsible and accountable to the Members.
7.2 The implementation of the policy of the Association shall be controlled by the Members in Annual General Meetings, Special General Meetings or Council Meetings.
7.3 The policies of the Council shall be affected and implemented through the Executive, as defined in Clause 9.
7.4 Portfolio holders and the Administrator/Director/General Manager shall report to the executive as defined in Clause 9.
8.1 COUNCIL shall be constituted as follows:
8.1.1 THE EXECUTIVE – each member having one vote.
8.1.2 MEMBERS – each Club with teams in both men’s and women’s leagues and having a unified Executive, two delegates each with one vote. Clubs with teams in either the men’s or women’s leagues, with separate Executives, one delegate with a vote.
8.1.3 ASSOCIATE MEMBERS – one delegate with a vote.
8.2 COUNCIL shall meet at least three times per annum.
8.2.1 One of these meetings shall be during February/March.
8.2.2 The additional two meetings will be held in the week prior to the mid-year and end of year SAHA Council meetings to properly mandate the representatives to this SAHA meeting.
8.3 The President shall act as Chairman at Council Meetings.
8.4 VOTING rights at Council:
8.4.1 THE EXECUTIVE – Including the Administrator/General Manager/Director.
8.4.2 AFFILIATED MEMBERS – As defined Herewith: Each club with one or more teams in BOTH the men’s and women’s leagues shall have two (2) votes and a delegate may be present at all meetings. Clubs with only men’s or women’s teams shall have one delegate with one vote.
8.4.3 ASSOCIATE MEMBERS – One delegate with one vote.
NO Proxy Votes will be permitted and thus only those representatives present at the meeting shall be entitled to exercise their voting rights.
8.5 A representative of each of the affiliate members, as defined in terms of 6.1.3, shall have the right to attend meetings of the Council, but shall not be entitled to vote at any such meetings, other than through their delegate as provided for in 8.4.4.
9.1 The Executive shall implement the policy of the Association as determined by Council which shall be applied to the administration of hockey in the KZN Inland subject to this Constitution and Bye-Laws.
9.2 The Executive shall comprise of 9 elected members. The Director/General Manager/Administrator of Hockey will serve as an ex-officio member, with full voting rights. All members of the Executive Committee shall hold office in their personal capacity and not as representatives of any Member or Affiliate Member or of any other organisation. The Executive shall comprise of the following persons:
(a) to act as Chairman of the Executive
(b) to approve all Media releases regarding official KZN Inland Hockey Association policy.
(c) to present an Annual Report to the Annual General Meeting.
9.2.2 TWO VICE-PRESIDENTS
(a) to act as President in the absence of the President
(b) to fulfil any other duties as required
9.2.4 RULES AND TECHNICAL CONVENOR
9.2.5 COACHING CONVENOR
9.2.6 DEVELOPMENT CONVENOR
9.2.7 MARKETING & SPONSORSHIP CONVENOR
9.2.8 INDOOR CONVENOR
9.2.9 DIRECTOR/GENERAL MANAGER/ADMINISTRATOR
With the assistance of a Secretary shall have the following portfolios:-
18.104.22.168 League and registrations
22.214.171.124 Tours and Tournaments
126.96.36.199 Any other duties as defined in the contract of employment. This person is at all times answerable to the Executive of the Association.
9.3 In the election of the executive in terms of 9.2, representatives of no one gender should fill more than two thirds of the designated posts. In addition to this, cognisance must be taken of the SAHA policy in respect of transformation.
9.4 Subject to the approval of the EXECUTIVE, the President shall have the right to co-opt any other person or persons to assist the EXECUTIVE in the execution of specific duties. Such person or persons shall be required to attend meetings of the EXECUTIVE and shall be entitled to vote when necessary on any issue during these meetings.
9.5 The Executive shall hold office form Annual General Meeting to Annual General Meeting. Any co-opted person or persons shall however only have full voting rights at General or Council Meetings subsequent to the endorsement by the Council at a Special General Meeting.
9.6 The Executive shall have the power to give rulings in any matters affecting the affairs of the Association, which are not specifically regulated by the Constitution or Bye-Laws. Such rulings shall be binding on all Members unless overruled by a General Meeting.
9.7 The Executive shall have the power to frame Bye-Laws for the purposes of carrying out the provisions of the constitution. The Executive shall submit any such Bye-laws to a Special General Meeting for adoption, with or without amendment. Such a meeting is to be called so as to immediately precede the following Council Meeting.
9.8 The Executive shall meet on a monthly basis, or at least ten times per annum, at which meeting, each, Executive Member shall have one vote with the Chairperson having a casting vote as well.
9.9 The Executive shall fill vacancies where any of the office bearers in Section 9.2.1 to 9.2.8 cease to hold office during their elected term.
9.10 Any appointments under 9.9 above shall be reported in writing by the Executive to the Members referred to in Clause 6.1 and 6.2 within fourteen (14) days of such appointment.
The President of the Association shall serve as chairman of all General and Council Meetings.
10.1 ANNUAL GENERAL MEETING
10.1.1 The Annual General Meeting of the Association shall take place during the months of October/November of each year at a venue to be determined by the Executive.
10.1.2 Notice of the Annual General Meeting as well as an Agenda shall be circulated to the Executive and to Members of the Association not later than twenty-one days prior to the date of the meeting. This meeting shall be open for attendance to any interested parties, but voting will be restricted in accordance with Clause 8.
10.1.3 The following agenda shall be followed at the Annual General Meeting:
10.1.3.1 To receive Apologies, approve Credentials and confirm the Notice of the meeting;
10.1.3.2 To ratify the minutes of the previous Annual General Meeting and any Special General Meetings and matters arising there from.
10.1.3.3 To receive the President’s annual report on the activities of the Association and Executive Office Bearers reports as required in Clause 9.2 and matters arising there from.
10.1.3.4 To receive and consider the Audited Financial Report for the year under review;
10.1.3.5 To appoint Auditors for the ensuing year;
10.1.3.6 Election of office Bearers (Executive Committee) as referred to in Clause 9.2.
10.1.3.7 Election of Honorary Life Vice-Presidents and Honorary Life Members as required in terms of 6.4.
10.1.3.8 To deal with any such business that may be transacted at the Annual General Meeting.
10.1.5 Should a member wish to have any item included on the agenda, such item should be submitted to the Hockey office in writing at least 30 days prior to the scheduled date of the annual General Meeting.
10.2 SPECIAL GENERAL MEETING
10.2.1 The Director/General Manager/Administrator, upon receiving a written request made by three Affiliated Members, or the Executive, shall convene a Special General Meeting. The agenda shall express the purpose of the meeting to be called, and no other business other than that which is specified shall be transacted at the Special General Meeting.
10.2.2 Notice of such meeting shall be given not later than fourteen days (14) prior to the date of such meeting.
10.2.3 Attendance at such meetings should be limited to the members of Council with voting rights in accordance with Section 8.
10.3 COUNCIL MEETINGS
10.3.1 Council meetings of the Association, shall take place in accordance with the time table of meetings published by the Executive, in terms of the
10.3.2 The following items shall be included on the Agenda
10.3.2.1 To receive Apologies, Approve credentials and Confirm Notice of
10.3.2.2 Adoption of Capitation and Affiliation fees for the ensuing season.
10.3.2.3 Confirmation of teams for league competitions and general principals to league arrangements.
10.3.2.4 Adoption of League Rules and Regulations
10.3.2.5 Issue of Draft fixtures where possible
10.3.2.6 To discuss the plans for the coming season
10.3.2.7 Report on SAHA Council AGM if applicable
10.3.2.8 Mandate from clubs for SAHA half yearly and end of year Council Meetings (as specified in Clause8)
10.3.2.9 Presentation of year end portfolio reports (other than those specified for the AGM.
10.3.3 Should a member wish to have any item included on the agenda, such item should be submitted to the Hockey Office in writing at least 21 days prior to the scheduled date of the Council Meeting.
10.3.4 The hockey office shall circulate to members and to the executive the agenda of the Council Meeting at least 14 days prior to such meeting taking place.
11.1 For the Annual General Meeting, Special General Meetings and Council Meetings, a quorum shall consist of at least 50 % of the total votes plus one, provided that if such quorum is not present within one hour of the appointed time for the meeting, the meeting shall stand adjourned for twenty-four hours from the appointed hour at the same venue and each Member, Associate Member or Member of the Executive shall be notified thereof. At such adjourned meeting, the Members present shall constitute a quorum. The executive will be excluded when establishing a quorum.
11.2 For Executive Meetings a quorum shall consist of 50 % of members, provided that if such quorum is not present within one hour of the appointed time for the meeting, the meeting shall stand adjourned for twenty -four hours from the appointed hour and each member shall be notified thereof. At such adjourned meeting, the members present shall constitute a quorum.
12. NOMINATION AND ELECTION OF OFFICERS
12.1 The following office bearers shall be nominated and elected annually:
All Executive Members as defined in Clause 9.2.
12.2 Annually, the Executive and every Affiliated Member and Associate Member set out in Section 6.1 and 6.2 shall be entitled to nominate persons for election as office bearers as set out in 12.1 above. The nominees under paragraph 12.1 above shall be resident within an accessible distance of the headquarters of the Association and include gender on an equity basis.
12.3 From the nominations submitted, members entitled to vote shall elect at the Annual General Meeting the office bearers referred to in paragraph 12.1 above, subject to the requirements of 9.3.
12.4 The voting Members at the Annual General Meeting may elect Honorary Life Vice –Presidents, and Honorary Life Members.
13.1 Each Member affiliated to the Association shall pay an annual affiliation and capitation fee to the Association as set out in the Bye-Laws.
13.2 The financial year end of the Association shall be 30 September each year.
13.3 Immovable Property
The Association shall have the right to sell, purchase, exchange, let, hire, dispose of and otherwise deal with immovable property, such property to vest in the Association. The Association shall have the right, after being authorised thereto at a General Meeting, to borrow or raise money:
13.3.1 By the issue of debentures, mortgage bonds, pledges or other securities founded or based upon all or any of its property, or
13.3.2 By acts of surety ship, promissory notes or other negotiable instruments.
14. AMENDMENTS TO THE CONSTITUTION
The constitution of the Association shall not be amended except at a Special General meeting called for that purpose; and no amendment shall be made to the Constitution of the Association unless supported by not less than two-thirds of the total votes of those present and eligible to vote. Notice of intention to amend, rescind or add to any article or provision of this Constitution shall be given to the Director/General Manager/Administrator who shall call a Special General Meeting for that purpose in terms of Clause 10.2.
15. MISCONDUCT AND DISCIPLINE
15.1 All Members of the Association shall at all times:
15.1.1 Abide by the provisions of the Constitution and all Bye-Laws, Rules and Regulations framed and promulgated in terms hereof.
15.1.2 Conduct their affairs in the best interest of Association and hockey.
15.1.3 Insofar as is applicable, procure and ensure that their respective members, officials and players comply with and abide by the Constitution, Bye-Laws, Rules and Regulations and conduct themselves appropriately with a view to maintaining the best interests of the Association and hockey.
15.2 Without derogating from the generality of the foregoing provisions, the Association from time to time, and always consistent with The South African Hockey Association, by which it is bound, may frame, adopt and promulgate its own Bye-Laws, rules and regulations for the purpose of maintaining the best interests of the Association and hockey to deal with issues of misconduct when necessary. Such Bye-Laws shall include the appointment of a Disciplinary Committee and its method of constitution and powers.
15.3 Any Member of the Association guilty of any breach of this Constitution or of the Bye-Laws framed hereunder, shall be liable to discipline by the Executive.
15.3.1 Where any Member has not disciplined any of its members, players or official for a breach of the provisions of this Constitution, Bye-Laws, Rules and Regulations, or in the opinion of the Executive does not intend to discipline such person for a breach as aforesaid, the executive may require the Member, player or official concerned to appear before it for the purpose of enquiring into the alleged conduct and if necessary discipline such Member, player or official.
15.3.2 Where any Member of the Association disciplines any of its members, players or officials falling under its control and/or jurisdiction, such member, player of official shall, subject to pre-payment of the appropriate fee, from time to time determined by the Executive, have the right to appeal to the Executive.
15.4 At any disciplinary or appeal hearing the Executive shall adopt such rules or procedures as are laid down in the Bye-Laws or, in the absence thereof, such rules as it may deem to be appropriate.
15.5 In the event of it being found that:
15.5.1 A Member, or member of a Member is guilty of a breach of this Constitution or the Bye-Laws, Rules and Regulations framed hereunder, the Executive may at its discretion impose a monetary fine and/or suspension of voting rights, provided that no such fine shall exceed the annual affiliation and capitation fee payable by such Member or member of a Member for the year in which such member is found guilty.
15.5.2 If a Member, player or official of a Member of the Association is guilty of any misconduct, the Executive may suspend such member, player or official from participation in the playing or administration of hockey for such period as it in its sole discretion shall determine.
15.6 Every Member shall ensure the effectiveness of any disciplinary action imposed in terms of this Clause and preclude any such disciplined Member, player or official from participation in hockey during the period of suspension.
15.7 Clauses 15.3 to 15.6 should be read in conjunction with Clause 23 of the SAHA Constitution.
16.1 Any actions instituted by or against the Association shall be taken in the name of the Association as such, and no Member of the Association shall be personally liable for any debts or obligations, irrespective of the manner incurred.
16.2 The Association shall not be liable for any loss or injury sustained by any member, player or official in the playing or administration of hockey.
16.3 No member of the Executive or officer or employee of the Association shall incur any personal liability for any act done on behalf of the Association in the discharge of his duty, unless such person shall be guilty of gross negligence or fraud.
17. DISSOLUTION OF THE ASSOCIATION
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 its Members, but shall be given to such other organisation or organisations (preferably having similar objectives) which is or are authorised to collect contributions in terms of the Fund-Raising Act 1978 (as amended by the Non-profit Organisations Act of 1997 and the Income tax Act), as may be decided either by the Members at the General Meeting at which it was decided to dissolve the Association or, in default of such decision, by the Director of Non-profit Organisations or his successor in title or such other authority as appropriate in law.
I, THE UNDERSIGNED, HEREBY CERTIFY THAT THIS IS THE CONSTITUTION OF THE KZN INLAND HOCKEY ASSOCIATION WHICH IS EFFECTIVE FROM 17 MARCH 2009.
PRESIDENT DATE: 17 March 2009