CONSTITUTION OF EDGEMEAD CRICKET CLUB
|OBJECTIVE OF THE CLUB||2|
|Application and Class of Membership||5.1|
|Voting Rights of Members||5.2|
|Privileges of Members||5.3|
|Property Rights of Members||5.4|
|Termination of Membership||5.6|
|Quorums for Meeting||7.1|
|Annual General Meetings||7.2|
|Special General Meetings||7.3|
|EXECUTIVE COMMITTEE AND PROCEDURES||8|
|Powers of Executive Committee||8.2|
|Executive Committee Meetings||8.3|
|PROCEDURES AT MEETINGS||9|
|CONTROL OF FUNDS||11|
|SALE OR MORTGAGE OF CLUB’S PROPERTY||14|
|DISSOLUTION OF THE CLUB AND DISPOSAL OF ASSETS||15|
|AMENDMENTS TO CONSTITUTION||17|
1. NAMEThe name of the Club shall be the EDGEMEAD CRICKET CLUB (hereinafter referred to as the Club).
2. COLOURSThe colours of the club shall be red on a navy blue background
3. OBJECTIVE OF THE CLUBThe main objective of the Club is the promotion of the playing of the game of cricket, under the rules of the Western Province Cricket Association.
4. AFFILIATIONThe club shall be affiliated to the Western Province Cricket Association, and the Local Sports Council
5.1. Application and Class of Membership
5.1.1. The Club shall consist of the classes of members set out in the Edgemead Cricket Club Constitution (hereinafter referred to as the Constitution), who shall be admitted to membership by the Executive Committee, save and except in those classes of membership which are noted hereinafter as requiring the approval of the Annual General Meeting of the Club.
5.1.2. The members of the Club shall be divided into the following classes as defined hereunder:
188.8.131.52. Life Members shall be elected by members at an Annual General Meeting.
184.108.40.206. Honorary Members shall be admitted at the discretion of the Executive Committee. All such members shall retire at the next Annual General Meeting, but may be re-elected.
220.127.116.11. Ordinary Members shall be admitted in terms of Clause 5.1.3.
18.104.22.168. Junior Members, being under the age of 18 years, shall be admitted in terms of Clause
5.1.3. Scholars and bona fide full-time students over the age of 18 years may be admitted to this class of membership should they so request.
22.214.171.124. Social Members shall be admitted in terms of Clause 5.1.3.
126.96.36.199. Non-playing Members, who shall be admitted in terms of Clause 5.1.3.
5.1.3. Application for membership shall be made at the start of each season on the prescribed form, properly completed and accompanied by the appropriate subscription, for consideration by the Executive Committee. Should the application be approved, the member shall on request be furnished with the Constitution and any Rules and Bye-Laws. Acceptance for membership of the club shall be entirely at the discretion of the Executive Committee and such Committee is not obligated to divulge reasons for rejection of any application for membership.
5.1.4. On resignation as a member, no player shall be issued with a Clearance Certificate unless all outstanding commitments to the club, be it financial or otherwise, have been fulfilled to the satisfaction of the Executive Committee. Clearance may be granted if the player joins a club under the auspices of a higher education institution (such as a university or technikon).
5.2. Voting Rights of MembersAll paid up members, including the parent/legal guardian of junior members (limited to one per family) shall have voting powers. Honorary members and junior members under the age of 18 shall have no voting powers.
5.3. Privileges of MembersEvery Member shall be entitled to such rights and privileges in respect of activities and amenities of the Club, and the use of Club’s property as shall be prescribed in this Constitution or be promulgated by the executive Committee bye-laws. A member shall relinquish all rights and privileges on cessation of membership.
5.4. Property Rights of MembersThe trustees shall hold the assets and property of the Club in trust for the general body of members from time to time and no individual member shall be entitled to claim a division of such assets.
5.5. Members Non-liabilityNo member of the Club shall incur any personal liability in respect of acts which he has been authorised to perform on behalf of the Club.
5.6. Termination of Membership
5.6.1. If the Executive Committee is of the opinion that any member has been guilty of conduct deemed by it to be unworthy of a member of the Club or prejudicial to the interests or reputation of the Club, it may forthwith terminate or suspend such membership and notify such member thereof by registered letter, specifying therein the grounds and reasons for such termination or suspension.
5.6.2. Any member whose membership has been terminated or suspended in terms of Clause 5.6.1. above, may appeal against the termination or suspension. Such appeal shall be lodged with the Secretary within fourteen (14) days of the posting of such registered letter, or such extended period as the Executive Committee may grant. The Executive Committee shall hear the appeal of such termination or suspension, in person, within 21 days of such decision. The decision of the Executive Committee, having heard the appeal, shall be final.
5.6.3. A person so dealt with shall not be entitled to any abatement or refund of subscription, and shall continue to be liable for any unpaid subscriptions that became due before the date of termination or suspension.
5.6.4. Any member who wishes to terminate membership shall inform the Secretary in writing and shall be liable for any outstanding subscriptions.
6.1. An annual membership subscription of the Club shall be determined by the Executive Committee from time to time and may vary according to class of membership.
6.2. The annual membership subscription of the Club for the ensuing year shall be due as follows:Senior Members - by 1st December
Junior Members – by 28th February
6.3. A member’s rights and privileges of membership shall be suspended if his/her subscription is not paid on or before 1st December (for seniors) or 28th February (for juniors) in any year. Such suspension shall continue until payment of the overdue subscription is made.
7. GENERAL MEETINGS
7.1. Quorums for Meetings
7.1.1. The quorum for Annual General Meetings shall be twenty (20) members
7.1.2. The quorum for Special General Meetings shall be fifteen (15) members
7.1.3. The quorum for Executive Committee Meetings shall be four (4) members
7.2. Annual General Meeting
7.2.1. The Annual General Meeting of the Club shall be held during the second (2nd) quarter of each year. The notice calling the meeting shall be posted or electronically mailed to members not less than fourteen (14) days prior to the date of the meeting, and such notice shall state the business to be transacted thereat.
7.2.2. The Financial year shall be from 1st May to 30th April the following year
7.2.3. The business to be transacted at the Annual General Meeting shall be:
188.8.131.52. to receive and consider the Annual Report of the Chairman. Such report must include inter alia, a list of the possible and actual attendances of each member of the Executive Committee at meetings during the year under review.
184.108.40.206. to receive and consider the Audited Balance Sheet and Accounts and the Treasurer’s Report at 30th April.
220.127.116.11. to elect an Executive Committee (hereafter referred to as “the EXCO”) individually from nominations from members who are in good standing with the Club, i.e. bona fide paid up members free of any outstanding liabilities to the Club and who have not had their membership terminated or suspended for disciplinary reasons, may be accepted as nominees to fill specific EXCO positions at an Annual General Meeting. The EXCO shall comprise:
Vice Chairman - Seniors
Vice Chairman - Juniors
Grounds ManagerWhose functions are fully described in the “Addendum to ECC Constitution” under “Duties and Powers of Officials of the Edgemead Cricket Club”
(a) Nominations for specific EXCO posts may be made only by way of official prescribed Club nomination forms available through the Club Secretary. (See attached Nomination form
(b) Nominees, Proposers & Seconders are required to be in good standing with the Club and are required to sign duly endorsed Nomination forms as applicable to make the nomination eligible.
(c) Nomination forms have to be submitted to the Club Secretary no later than 7 days before the date of the AGM either by hand, per facsimile transmission or per electronic transmission.
(d) The Club Secretary shall acknowledge receipt of any nomination(s) by way of electronic transmission to the nominated address not less than 48 hours before the AGM. No other nominations will be eligible save as in paragraph 18.104.22.168(e) below. The full list of nominations shall be posted on the clubs Website not less than 48 hours before the AGM.
(e) In the event that no official nominations have been received for an EXCO position or positions, the EXCO may attempt to recruit any member in good standing for nomination to be elected at the AGM for any such specific position(s). Official nomination forms are still required to be completed and will be added to nominations received for the remaining positions. Such nominations shall be included on the list as posted on the club’s Website not less than 48 hours before the AGM.
22.214.171.124. to appoint an Honorary Auditor
126.96.36.199. to elect Life Members. Nominations for Life Membership shall be fully motivated in writing and submitted to the Secretary by 1 August
188.8.131.52. to consider any business or motion of which due notice has been given, provided that such business and motion be in accordance with the Constitution.
7.2.4. All notices of motion and of business to be specially transacted at Annual General Meetings shall be lodged in writing with the Secretary within at least seven (7) days of the scheduled date of such meeting.
7.3. Special General MeetingsThe Executive Committee may convene a Special General Meeting at any time. The Chairman, or in his absence the Vice-Chairman, shall call a Special General Meeting within twenty one (21) days after the receipt of a written requisition to do so signed by at least five (5) members of the Executive Committee and/or twenty (20) members of the Club who are all fully paid up members. At such Special General Meetings, only such business as is mentioned on the agenda or requisition shall be dealt with provided it is not in conflict with the Constitution. The notice calling such meeting shall be sent out as provided for in Clause 7.2.1
8. EXECUTIVE COMMITTEE AND PROCEDURES
8.1. Executive Committee
8.1.1. The affairs of the Club shall be managed by an Executive Committee of eight (8) members duly elected by vote of members present at an Annual General Meeting.
8.1.2. Four (4) members shall form a quorum at any meeting of the Executive Committee.
8.2. Powers Of The Executive Committee
8.2.1. The Executive Committee shall have the power to frame and adopt bye-laws not inconsistent with any provisions contained in this Constitution for the efficient management of the affairs of the Club. Such bye-laws shall be promulgated by being publicly displayed in the Clubhouse for fourteen (14) days. Unless within such period, a requisition signed by at least fifteen (15) members is lodged with the Secretary demanding the ratification of such proposed bye-laws at a Special General Meeting, they shall at the expiration of such period of fourteen (14) days become binding on all members as effectively as if they were Clauses of this Constitution. Any bye-law so promulgated shall be ratified at the next Annual General Meeting. If, however, a requisition is lodged as aforesaid, such bye-law shall not become binding until approved by a General Meeting.
8.2.2. The Executive Committee shall have the power to appoint any sub-committee with such terms of reference as it may determine.
8.2.3. The Chairman, or in his absence one of the Vice-Chairmen, shall ex officio be a member of all sub-committees.
8.2.4. The Convenor of any sub-committee shall be appointed by the Executive Committee.
8.2.5. One-third of the members of a sub-committee shall constitute a quorum, provided that such quorum shall not be less than three (3) members.
8.2.6. Any sub-committee shall have the power to co-opt additional members.
8.2.7. No member of the Executive Committee shall make any public or press statements or publish any matters or cause any statements or publications to be made for or on behalf of the Club unless duly authorised thereto in writing by the Executive Committee.
8.2.8. Any vacancy arising on the Executive Committee may be filled by the Executive Committee.
8.2.9. The Executive Committee may, with reasonable grounds, remove any member from the Executive Committee by a majority vote.
8.2.10. A member so removed has the right to appeal against such decision. The appeal shall be lodged with the Secretary within fourteen (14) days of the Executive Committee decision. The Executive Committee shall nominate four members of its committee and three other paid up members of the club who are not committee members to hear the appeal, in person, within 21 days of such decision. The decision of the Appeal Committee, having heard the appeal, shall be final.
8.2.11. The Executive Committee shall act as a Board of Appeal to settle any disputes that may arise
8.2.12. Disciplinary hearings are provided for in the attached “Addendum to ECC Constitution”
8.3. Executive Committee Meetings
8.3.1. The Executive Committee shall meet once a month at such time and at such place, as it shall decide.
8.3.2. The Chairman, or in his absence, one of the Vice-Chairmen, may, whenever he thinks fit, call a Special Meeting, and a Special Meeting shall likewise be called on the written requisition of one-third of the members of the Executive Committee.
8.3.3. Any member of the Executive Committee failing to attend three (3) consecutive meetings without leave of absence shall forfeit his office.
9. PROCEDURE AT MEETINGS
9.1. At General Meetings the Chairman of the Club shall take the chair and in his absence, one of the Vice-Chairmen.
9.2. The Chairman of any meeting shall have a casting as well as a deliberate vote.
9.3. No member shall be allowed to vote at any meeting of the Club unless he is a fully paid up member.
9.4. The Chairman shall be empowered to arrange the procedure and method of voting for any meeting of the Club.
9.5. Fifteen (15) members of the Club entitled to vote shall form a quorum at any meeting (except the AGM). Should no quorum be present the meeting will stand adjourned for fourteen (14) days and the members then present will form a quorum.
9.6. Minutes of the proceedings of Annual or Special General Meetings shall be suitably filed and securely stored. Such records shall be open to inspection by members at all convenient times.
10.1. A duly constituted Selection Committee will deal with senior playing affairs, disciplinary hearings and other issues as set out in the “Addendum to ECC Constitution”
10.2. A duly constituted Junior Committee will deal with junior playing affairs, disciplinary hearings and other issues as set out in the “Addendum to ECC Constitution”11. CONTROL OF FUNDS11.1. All funds shall be deposited in a banking account in the name of the Club.
11.2. All cheques drawn on the account of the Club shall be signed by the Treasurer and countersigned by any one of the Chairman or Vice-Chairmen
11.3. All accounts due for payment must be authorised by any two of the Treasurer, Chairman or Vice-Chairmen
11.4. Receipts shall be issued for all funds received
11.5. The Treasurer shall keep accurate records of cash receipts, payments, liabilities and material assets in order to reflect a true financial standing of the club at any time and shall submit a report of the financial standing of the Club at Executive Committee meetings
11.6. Any sponsorship agreements, loan agreements, letting agreements and contracts have to be proposed and ratified by the Executive Committee. All such agreements will only be binding on the club if signed by any two of the Chairman, Vice Chairmen or Treasurer, on behalf of the club. All forms of sponsorship offered to the club are required to be supported by a letter of intent from the proposed sponsor, addressed to the Secretary.
11.7. The disbursement of sponsorship monies will be decided by the Executive Committee
11.8. Funds accrued from subscriptions shall solely be employed for administration purposes and the acquisition of playing equipment. Coaches, players and players incentives shall be funded from sponsorships and donations received for that purpose
11.9. Each year the new Executive Committee shall table and approve an annual financial budget of the club at its earliest convenience. This will incorporate a Senior Playing Affairs budget, a Junior Playing Affairs budget, a Capital Expenditure budget and a General Operating Income and Expenditure budget.
12. TRUSTEESAll the property and assets of the Club, both movable and immovable, shall be vested in the trustees, who shall be the members of the Executive Committee. The trustees shall be bound to carry out or give effect to any express instruction or direction given to them by resolution of a Special General Meeting of members or the Executive Committee acting within its powers. Any documents requiring signature by the trustees, shall be signed by the Chairman or Vice-Chairman, together with any two other members of the Executive Committee.
13. LEGAL PROCEEDINGSIn all legal and other proceedings the Club shall sue or be sued in the name of the trustees.
14. SALE OR MORTGAGE OF CLUBS PROPERTYThe immovable property of the Club shall not be sold or mortgaged save on the authority of a resolution of a Special General Meeting of members of which fourteen (14) days notice has been duly given.
15. DISSOLUTION OF THE CLUB AND DISPOSAL OF ASSETS
15.1. The Club may be dissolved or merged with any other sporting body having objectives similar to those of the Club’s by a resolution of not less than two-thirds of the members present and entitled to vote at a Special General Meeting called for the purpose, of which not less than fourteen (14) days notice in writing has been given
15.2. The property and other assets of the Club at the time of dissolution, after the satisfaction of all its debts and liabilities, shall be disposed of in a manner approved of by the Special General Meeting at which the Club is dissolved.
16. INTERPRETATIONIn the event of any disagreement arising on the meaning of any provision of the Constitution, the matter will be referred to the Executive Committee for interpretation thereof. The decision of the Executive Committee on the meaning of such provision shall be final and binding on all concerned.
17. AMENDMENTS TO CONSTITUTION
17.1. Alterations or additions to the Constitution may only be made by two-thirds majority of members present and entitled to vote at an Annual or Special General Meeting of the Club.
17.2. Notice of proposed alteration or additions to the Constitution of the Club must be given by a member in writing to the Secretary at least twenty-one (21) days before an Annual or Special General Meeting.
17.3. All proposed alterations or additions to the Constitution shall be sent to members of the Club with the notice convening the meeting, or notice of such proposed changes may be advertised to members and made available for perusal at the clubhouse
17.4. Members of the Club shall as soon as practicable be advised in writing of all alterations or additions to the Constitution or notice of such changes may be advertised to members and made available for perusal at the clubhouse
ADDENDUM TO EDGEMEAD CRICKET CLUB CONSTITUTION
1. SENIOR PLAYING AFFAIRSSenior Playing Affairs will be under the auspices of the Club Captain who has the power to appoint a Players Selection Committee, which will deal with any playing affairs, team selections and disciplinary issues regarding senior players. This committee will be accountable to the Executive Committee
1.1. Selection Committee
The Selection Committee will be constituted by the Club Captain, who will appoint members to fill the following capacities
• Convenor of Selectors (Club Captain, one vote plus a casting vote)
• Captain of the 1st team (one vote)
• Senior coach (one vote)The Convenor’s casting vote may only be used should there be no resolution during a vote.
The Selection Committee may elect to co-opt additional members as required. These members will have no vote.The Selection Committee may, with reasonable grounds, remove any member from this Committee by a majority vote. Such removed member may appeal against this decision in terms of Section 5.6.2 of the Constitution.
1.2. Disciplinary Hearings
The Selection Committee shall deal with all disciplinary cases regarding senior players. However, cases may be referred to the Executive Committee. In each case, the Committee shall be empowered to inflict fines, or suspend or terminate membership. Should a member be so fined, suspended or his/her membership terminated, he/she will be informed in writing of the Committee’s decision within 7 days of such decision via registered letter. The member may appeal against the decision by lodging an appeal in writing to the Secretary of the Executive Committee within fourteen (14) days of receipt of such letter. The Committee, on receipt of the appeal, will call a meeting to hear the appeal and advise the member of the details. The decision of the hearing will be final
1.3. The Rules and Regulations of the Club will be applicable to the Senior Section and their decisions shall not be in conflict with the Constitution of the club or decisions of the Executive Committee
2. JUNIOR PLAYING AFFAIRSJunior Playing Affairs will be under the auspices of the Vice-Chairman – Juniors who will ensure the appointment of Team Managers and also to deal with any playing affairs and disciplinary issues regarding junior players. This committee will be accountable to the Executive Committee
2.1. Playing Affairs Committee
The Junior Playing Affairs Committee will be constituted as follows
• Vice-Chairman Juniors
• Managers of the junior teams
• Match SecretaryCommittee members will have one vote each with the Vice-Chairman – Juniors having a casting vote should there be no resolution during a vote.
The Juniors Committee may elect to co-opt additional members as required. These members will have no vote.
The Junior Committee may, with reasonable grounds, remove any member from this Committee by a majority vote. Such removed member may appeal against this decision in terms of Section 5.6.2 of the Constitution.The Junior Committee shall meet once a month at which minutes will be taken
2.2. Disciplinary Hearings
The Junior Committee shall deal with all disciplinary cases regarding junior players. However, cases may be referred to the Executive Committee. In each case, the Committee shall be empowered to inflict fines, or suspend or terminate membership. Should a member be so fined, suspended or his/her membership terminated, he/she will be informed in writing of the Committee’s decision within 7 days of such decision via registered letter. The member may appeal against the decision by lodging an appeal in writing to the Secretary of the Executive Committee within fourteen (14) days of receipt of such letter. The Committee, on receipt of the appeal, will call a meeting to hear the appeal and advise the member of the details. The decision of the hearing will be final.
2.3. It will be the responsibility of the Junior Committee for arranging coaching programmes, match fixtures and venues, transport of players and the collection of players’ subscriptions
2.4. All income and expenditure activities of the junior section will be recorded and provided to the Club Treasurer as required
2.5. The Rules and Regulations of the Club will be applicable to the Junior Section and their decisions shall not be in conflict with the Constitution of the club or decisions of the Executive Committee
2.6. At least two (2) members of the junior section should be represented on the Executive Committee
3. DUTIES AND POWERS OF EXECUTIVE OFFICIALS OF THE EDGEMEAD CRICKET CLUB
• He is the leader, manager, planner and spokesman of the club
• He must delegate responsibilities to members of the Executive Committee and ensure these are carried out through regular liaison and effective communication
• He leads all meetings
3.2. VICE CHAIRMEN – Senior and Junior
• Will take over the duties of the Chairman when he is absent
• Perform any duties entrusted to them
• Ensure the smooth running of their respective sections of the club by putting in place suitable sub-committees and structures
• Vice Chairman –Juniors to attend to all junior disciplinary matters
• Organisation of meetings (notices, agendas, noting and distribution of minutes)
• Dealing with correspondence, being the liaison officer of the club
• Compiling and keeping records of the club as well as contact lists of club members
• Responsible for all financial matters
• Controls the income and expenditure, issues receipts and keeps proof of all payments. Authority should be granted by the Committee for any payments made exceeding a previously agreed limit
• Informs members of their debts to the club and ensures that any money owed is paid
• Opens and monitors bank accounts in the clubs name. It is desirable for two signatures to be required for drawing from this account
• Presents updated financial reports at Executive Committee meetings and Annual Financial Statements at Annual General Meetings
3.5. GROUNDS MANAGER
• Ensures that playing fields are properly prepared and in good order by liaising with the local council responsible for field maintenance
• Ensure that practice facilities are well maintained
• Responsible for ensuring general upkeep of playing areas, watering systems, site screens, scoreboards, etc
3.6. AMENITIES MANAGER
• Will ensure that the clubhouse, change rooms and any other amenities are suitably maintained and in good working order
• Responsible for the hiring of facilities
• Control the bar function
3.7. FUNDRAISING CONVENOR
• Arranges and controls fundraising events
• Will, after Executive Committee decisions, secure sponsorships, be it for the club in general, or for specific projects
3.8. ADDITIONAL MEMBERS
• They will perform certain tasks allocated by the Chairman
• Sub-Committees established to assist any Executive Committee portfolio will perform tasks assigned to them by the portfolio incumbent
3.9. CLUB CAPTAIN
• Responsible for all Senior playing affairs
• All Senior Disciplinary Hearings and general disciplinary issues
• Convenor of selectors
• All coaching liaison with Senior / Head Coach
Dated: 4 May 2011