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Constitution of the KZN Golf Union

1. NAME

The name of the Union shall be known as “The KwaZulu-Natal Golf Union” (hereinafter referred to as “The Union”)

2. TERRITORY

The territory under the control of the Union shall be the Province of KwaZulu-Natal.

3. HEADQUARTERS

The Headquarters of the KZNGU shall be Golf House, 77 Bulwer Road, Durban, 4001.

4. OBJECTS

The objects of the Union are:

To provide golfing, social and recreational amenities and facilities within the territory    and without detracting from the generality thereof in particular:

(a) To promote, advance and protect the interests of the Game of Golf within the territory and, in so doing, conform to the Rules of Golf and the Rules of Amateur Status as approved from time to time by the “Royal and Ancient Golf Club of St. Andrews, Scotland”; and

(b) To frame and regulate the conditions governing Golf Competitions held under the auspices of the Union.

(c) To consider and give decisions and rulings on all questions and disputes affecting Golf which may arise or be submitted to the Union from time to time.

(d) To give advice to all member Clubs and to afford means whereby disputes and differences between member Clubs may be settled.

(e) To raise funds for any purpose calculated to promote the interests and objects of the Union and to deal with such funds in such manner as may be determined by the Executive for the Union.

(f) To promote the development of the game amongst all it’s members.

(g) To utilise the funds, profits and gains of the Union solely for investment or for the objects of the union as set out in this Constitution, and in no circumstances to distribute any part thereof to any person/s - save that nothing herein contained shall preclude the payment of travel, subsistence or out-of-pocket expenses of players or officials when representing the Union.

(h) To do all such acts, matters and things as may be deemed advisable ininterests of the Game of Golf or of the Union.

(i) To purchase, take on lease or in exchange, hire or otherwise acquire any movable or immovable property, rights or privileges.  All immovable property acquired by the Union shall vest in and be transferred to the President for the time being as Trustees for the Union.

(j) To sell, lease, mortgage, exchange, subdivide, consolidate, turn to account, or otherwise deals with all or any part of the property and rights of the Union.

(k) Generally to further and safeguard the interests of the Union and its members and to take such steps as are deemed necessary or expedient for this purpose.

5. SOUTH AFRICAN GOLF ASSOCIATION

The Union shall be affiliated to the South African Golf Association and/or any other body in Southern Africa or elsewhere, as may be desired.

6. MEMBERSHIP

(a) Any recognised or properly constituted golf club, sports club or country club having a golf section, with a 9 or 18 hole golf course, or has the permanent right to the use of a Municipal or other golf course at specified times, and is available for use for Union purposes, within the Territory, shall be eligible for membership.

(b) Application for membership shall be submitted to the Executive which shall have the discretion to accept or reject such application.  The application shall be accompanied by a copy of the Club’s Constitution and Rules, a list of the Executive Officers of the Club and a statement showing the number of members in the Club.

(c) Any former President, Vice-President, Secretary or any member or former member of the Executive, may be elected by the Union in General Meeting, and ratified at the ensuing Annual General Meeting as an Honorary Life Member by reason of him conferring some special service to or benefit upon the Union.

7. HONORARY AFFILIATED MEMBERSHIP

Golfing Societies and Associations within the territory shall be eligible for Honorary or Affiliated Membership of the Union but without any right to vote or representation providing that every member of such Society or Association is a member of an affiliated club of the Union.

8. SUBSCRIPTION

(a) The Annual Subscription to be paid by Clubs, Societies and Associations shall be decided from time to time by a General Meeting of the Union, except that the Executive may with the consent of an Annual General Meeting or Special General Meeting, raise Annual Affiliation Fees by no more than 10 (TEN) % per annum from the previous year figure.

(b) A club affiliated to the Union shall not knowingly accept as a member any person who has not been given clearance by his current or previous club as to the good standing of such person and confirming that such person has discharged all his liabilities to the club or any other affiliated club of which he may be, or has been a member.

(c) All clubs affiliated to the KZNGU will be invoiced for affiliation fees for the number of handicapped members that appear on the club’s Handicaps Network Africa (HNA) system, or any other system recognised by the SAGA, on the 1st of November of each calendar year. It is the sole responsibility of each club to update and rectify their number of handicapped members on such system before the 1st of November annually and to submit affiliation fees    for those members to the KZNGU by the 31st of March of the following year. Any club that fails to meet its financial obligations in terms of the invoiced amount by the 31st of March renders itself liable to disaffiliation.

9. SUB-UNIONS

(a) The Executive shall have the power to form Sub-Unions on application by groups of not less than five Clubs and to define the areas of such Sub-Union.  The formation of any Sub-Union shall be in the entire discretion of the Executive and the establishment of a Sub-Union shall not debar any Club within the Sub-Union area from direct membership of the parent Union.

10. EXECUTIVE

1. The affairs of the Union shall be managed by an Executive consisting of:

(a) A President, who shall be elected at the Annual General Meeting in each year and who shall hold office until the conclusion of the next succeeding Annual General Meeting.

(b) A Vice-President, who shall be elected and who shall hold office in like manner to the President.

(c) Eight members who shall be elected at an Annual General Meeting and the said members shall relinquish office in rotation - four in each alternate year.  In event of any member of the Executive being elected President or Vice-President during his two year term of office, the vacancy thus caused may be filled by the election of a member at the Annual General Meeting for the remainder of the said year term, as set out in paragraph 5 hereunder.

(d) A representative of each Sub-Union who shall be appointed by the Sub-Union he represents and who shall hold office until such time as the Sub-Union concerned shall notify the Secretary of the Union of an alteration to its representitive.

(e) Ex officio, any past member of the Executive, during his term of office as a member of the Executive of the South African Golf Association.

(f) A representative from KZN Senior Golf and KZN Junior Golf.  Both Senior Golf and Junior Golf may have their own administrative Committees, together with their relevant By-Laws. Both Senior and Junior Golf fall under the auspices and jurisdiction of the KZNGU Executive Committee

2.1. Nominations for the offices of President, Vice-President and elected Members of the Executive Committee shall be in writing duly accepted by the nominee and submitted to the Secretary, Golf House, Durban, 14 days before the Annual General Meeting.  Nominee/s shall be of good standing for a minimum of 2 years at his home club and his nomination verified and endorsed by the Executive Committee of his Club. The nominations shall be submitted to ballot at the Annual General Meeting.          

2.2. To provide that the President and Vice-President duly nominated shall be persons who are, at the time of their nomination, members of the Executive.  Nominations for the offices of President and Vice President, as well as for Executive members standing for re-election may be made by the Executive Committee.

2.3. The sitting Executive shall have the power to co-opt two additional Members for service at any stage, being so co-opted until the next Annual General Meeting.

2.4. The President shall have the authority to appoint Sub-Committee’s and the Chairmen thereof, and to alter or replace them as and when necessary

3. Four Members of the Executive shall constitute a quorum for the transaction of business.

4. The Executive shall be empowered to appoint a Secretary or other servants or officers on behalf of the Union, to fix their remuneration and to suspend or dismiss them at discretion.

5. The Executive shall have the power to fill any casual vacancy in the offices of President, Vice-President or elected Member.  Any casual vacancy among Sub-Union representatives shall be filled by the Sub-Union concerned.

6. The President, Vice-President or any Member of the Executive who shall absent himself from three consecutive meetings of the Executive without leave of absence having been granted to him, shall, at the discretion of the remaining members of the Executive, be deemed to have forfeited his seat and the vacancy so caused shall be deemed a casual vacancy.

7. At all meetings of the Executive the President or, in his absence, the Vice-President, shall be Chairman but should both be absent, the members present shall appoint a Chairman from amongst their number.  Each member of the Executive shall have one vote but in the event of any equality of votes the Chairman shall have a second or casting vote.

8. Two members of the Executive or alternatively one member of the Executive together with the Secretary/Treasurer shall operate on the Bank Account or any other fund of the Union.

9. Subject to the special provisions herein and subject to any special instructions which may be given to it by a General Meeting of the Union, the Executive shall have full power to carry on the affairs of the Union in such manner as it may, at its discretion, decide and, in addition, shall have full power to carry out and deal with the objects of the Union as set forth in Clause 4 of this Constitution, including the power of delegation, and the power to suspend or terminate Membership of a Club, subject to the Club’s right of appeal to a Special General Meeting of the Union as also the power to reinstate such Member Club on such terms and conditions as it may decide.

11. FINANCIAL YEAR

The financial year of the Union shall end on June 30 in each year.  The accounts of the Union shall, as soon thereafter as possible, be duly audited by an Honorary Auditor appointed at a General Meeting of the Union and the duly prepared and audited Balance Sheet shall be submitted to the Annual General Meeting.

12. ANNUAL GENERAL MEETING

Unless otherwise decided by the Executive, the date and venue of the Annual General Meeting of the Union, shall, so far as possible, coincide with the dates and venue of the KwaZulu-Natal Inter-Club Tournament and written notices of the meeting shall be sent to all members of the Executive and member Clubs, Sub-Unions and Honorary and affiliated members at least fourteen days before the date for which such meeting is convened.

The business of the Annual General Meeting shall be:

(a) To confirm the Minutes of the last Annual and any Special General Meeting.

(b) To consider the report of the Executive for the past year, Financial Statement and Balance Sheet duly audited up to June 30.

(c) To amend and alter the Constitution of the Union upon due notice in compliance with Clause 18 hereunder.

(d) To elect Officers for the ensuing year in accordance with the Constitution of the Union.

(e) To transact any special business of which notice shall have been given in the Notice calling the Meeting.

(f) To deal with any general business without notice (other than any alteration, addition, or amendment to the Constitution) which the Meeting may decide to transact.

13. SPECIAL GENERAL MEETING

A special General Meeting of the Union may be called by a resolution of the Executive or by a requisition signed by the Chairman or Secretary of any three affiliated Clubs.  Such requisition shall state the reason for which such meeting is called.  Fourteen days notice, setting forth the business of such meeting shall be given in the same way as is provided for the Annual General Meeting.  At any special General Meeting only such business of which notice has been given may be transacted.

14. QUORUM AT GENERAL MEETINGS

At any General Meeting (Annual or Special), thirty persons duly qualified, shall form a quorum.

15. VOTING AT GENERAL MEETING

Only the following persons shall be entitled to vote at a General Meeting (Annual or Special):-

(a) The existing or retiring Executive.

(b) Sub-Union delegates, each Sub-Union being entitled to be represented by one delegate for each Club belonging to such Sub-Union.

(c) Two delegates from each Club belonging to the Union. The President of the Union shall preside at all General Meetings and, in his absence, the Vice-President.  Should both be absent, the meeting shall appoint a Chairman.  In the event of an equality of votes on any matter, the Chairman shall have a second or casting vote.

(d) Past Presidents of the Union.

16. TOURNAMENTS

(a) The Natal Match-Play and Stroke-Play Championships, the Inter-Club League, the Central League, the Open Foursomes, the Seniors Trophy, the Prentice Memorial Cup, the Country Districts Tournament and all other Championships, Tournaments, Matches or Competitions under the direct control of the Union from time to time shall be governed explicitly by the directions of the Executive.

(b) During all such events the Course shall be under the absolute control of the Executive or its delegated committees and sub-committees.

(c) The Executive may take disciplinary action against a player who in their opinion has committed a breach of the Rules of Golf in any competition under the auspices of the Union, or whose conduct is deemed unbecoming of a player.  Before taking action in terms of this sub-clause, the Executive shall afford the golfer an opportunity to be heard.

17. INDEMNITY

The President, Vice-President, Members of the Executive, Secretary, Treasurer and all other Officials of the Union shall be and are hereby indemnified out of and from the funds and property of the Union from and against all losses, charges, costs, damages and all and every other expense and liability they may incur or be put to concerning or about the execution of their respective duties as officers of the Union and none of them shall be held answerable or deemed to be in any way responsible for any act or default of the one or other of them, or for any deficiency or insufficiency of any title or security whatsoever, taken by the Union; nor shall the officers of the Union as aforesaid be liable for any loss occasioned 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 voluntary loss, misfortune or damage which may happen or take place in thereof; provided, however, that any such loss, misfortune or damage be not occasioned by the mala fide acts of such officer or through his willful default. 

Membership of the Union shall in no way give to any Club or Member of the Executive any individual right, title, interest, claim or demand in or to any of the moneys, property or assets of the Union.

18. ALTERATION TO CONSTITUTION

No part of this Constitution may be amended, rescinded or added to except by a majority of those personally present and qualified to vote at an Annual General Meeting.  Notice of any proposed alteration, rescission or addition shall be sent to the Secretary of the Union at least thirty days before the meeting at which it is to be considered so that the necessary Notice may be issued in terms of Clauses 12 and 13.

19. The Union may not be dissolved, wound up nor placed in liquidation except by resolution passed at a Special General Meeting called for that purpose, which resolutions shall be passed by not less than two-thirds of the members present. If it be resolved to dissolve or wind up the Union, and after payment of its debts and satisfaction of its liabilities, any assets of whatsoever nature remain, the same shall be given or transferred to some other Union, Society or Association having objects similar to those of the Union.

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