Southbroom Golf Club Constitution
INDEX TO THE CONSTITUTION
- RULES OF THE GAME
- POWERS OF THE CLUB
- APPLICATION FOR MEMBERSHIP
- RIGHTS OF MEMBERSHIP
- LIABILITIES OF MEMBERS
- MEMBERS BOUND BY THE RULES AND REGULATIONS
- ENTRANCE FEE
- MEMBERSHIP ALTERATION & REINSTATEMENT
- FINANCIAL YEAR
- ELECTION OF PRESIDENT
- ELECTION OF THE COMMITTEE AND CAPTAIN
- POWERS OF THE COMMITTEE
- MEETINGS OF THE COMMITTEE
- CHAIRMAN OF THE COMMITTEE
- LIABILITY OF THE COMMITTEE
- GENERAL MEETINGS
- ANNUAL GENERAL MEETINGS
- SPECIAL GENERAL MEETINGS
- CHAIRMAN AT GENERAL MEETINGS
- QUORUM AT GENERAL MEETINGS
- VOTING AT GENERAL MEETINGS & ADJOURNMENTS
- CASTING VOTE AT GENERAL MEETINGS
- BUSINESS AT ANNUAL GENERAL MEETINGS
- MISCONDUCT OF MEMBERS
- EXERCISE OF POWERS BY COMMITTEE
- RIGHT OF APPEAL
- ALTERATIONS AND INTERPRETATIONS OF CONSTITUTION
- DISSOLUTION AND LIQUIDATION
- COMMENCEMENT OF THIS CONSTITUTION
- ANNEXURE A – LADIES SECTION
The name of the Club shall be SOUTHBROOM GOLF CLUB
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 acquire or dispose of any immovable property whether leasehold or freehold.
- To develop and lay out 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 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 such other things as are incidental or conducive to the attainment of all or any of the aforegoing powers.
Membership of the Club may be granted in any one of the following categories:
a) Ordinary Members
b) Honorary Life Members
c) Senior Members
d) Appointed Members
e) Country Members
f) Honorary Members
i Honorary Member
ii Honorary Social Member
g) Social Members
h) Temporary Members
i) Members under 20 (twenty) years of age
j) Members under 25 (twenty-five) years of age
k) Members under 35 (thirty-five) years of age
l) Reciprocity Members
m) Special Members
a) An Ordinary Member
Shall be any person over the age of 18 duly elected to ordinary membership.
b) 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.
c)A Senior Member
Shall be any member who has been an ordinary member for at least 10 (Ten) years and who has attained, or within 6 (Six) months of the start of the financial year of the Club will attain, the age of 70 (Seventy) years and who is granted this status upon written application.
d) An 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.
e) A Country Member
Means a member 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.
f) An Honorary Member
i) 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.
ii) An Honorary Social Member shall be a member of long standing who is elected to this category of membership in a General Meeting on recommendation of the Committee.
The Committee shall determine the duration of membership applicable to such member.
g) A Social Member
Shall be any member duly elected to Social membership or any member who has elected to transfer membership to that of a Social member. Members transferring to Social membership may transfer their membership back to any category of membership at any time. Social members are entitled to full use of the Clubhouse facilities only.
h) A Temporary Member
Shall be a person engaged at the Club in any match or competition:
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.
i) A Member under 20 (twenty) years of age
Shall be a person who, being under the age of 20 (Twenty) years within 6 (six) months of the start of the financial year of the Club, has been duly elected a Member under 20 years of age and who shall be entitled to use of the Club facilities in accordance with regulations laid down by the Committee.
j) A Member under 25 (twenty-five) years of age
Shall be a person who, being under the age of 25 (twenty-five) years within 6 (six) months of the start of the financial year of the Club, has been duly elected a Member under 25 years of age and who shall be entitled to use of the Club facilities in accordance with regulations laid down by the Committee.
k) A member under 35 (thirty-five) years of age
Shall be a person who, being under the age of 35 (thirty-five) years within 6 (six) months of the start of the financial year of the Club, has been duly elected a Member under 35 years of age and who shall be entitled to use of 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.
Members of the categories 5.1 a) to 5.1 e) 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 4 (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 MEMBERS
In the event of the Club being wound up, there shall be no liability incurred by any member other than in respect of unpaid subscriptions and any article or money owing 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 member’s spouse or partner and dependants up to the age of 21 (Twenty One), unless a dependant is a full time student, in which case the age limit shall be 25 (Twenty Five)
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 per cent) above the prevailing fee shall be imposed without the approval of full members given at a General Meeting or a Special General Meeting.
11.2 Honorary Members, Honorary Life Members and Appointed Members shall not be obliged to pay 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 period and on such terms and conditions as the Committee shall deem fit. Any dispensation granted by the Committee in terms hereof 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.
11.5 Any member whose subscription or any other liability to the Club has been in arrears for 30 days or longer and which is not the subject of a written dispute, and which remains unpaid for a further 21 days after the dispatch of written notice by post or by electronic mail shall, at the discretion of the Committee:
11.5.1 have his or her name posted on the Notice Board as a defaulter and
11.5.2 within 21 days thereafter and without further notice, be expelled as a Member of the Club.
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 Members under the age of 18 (eighteen), Members under the age of 25 (twenty-five) and Members under the age of 30 (thirty) shall automatically progress to the next 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
14.1 The affairs of the Club shall be governed and managed by a Committee 10 (Ten) persons, consisting of 6 (Six) Executive Members including Chairman, Captain, Vice-Captain and 3 (Three) others and 4 (Four) Ex Officio Members, being the President, the General Manager, the Director of Golf and the Captain of the Ladies Section.
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 Committee shall permit the Lady Members to form a Ladies Section and to conduct the affairs of this Section in accordance with the provisions approved by the Committee, which affairs may not be in conflict with this Constitution. The Conduct of the affairs of the Ladies Section is set out in Annexure A to this Constitution.
15. ELECTION OF PRESIDENT
15.1 A President shall be elected at an Annual General Meeting and shall hold office for a period of 2 (Two) years. The nominee shall have served at least 1 (One) full year on the Committee during a 10 (Ten) year period immediately preceding nominations for the position.
15.2 Nominations for the position of President shall be in writing and such nominations shall be signed by 2 (Two) Full members and endorsed with the consent of the nominated member. Such completed nomination forms must be received by the Club at least 6 (Six) days prior to the date of the Meeting and on receipt by the Club they shall be posted on the Club Notice Board.
15.3 In the event of there being more than 1 (One) nomination for the position of President, a ballot shall be conducted to determine who shall serve as President.
15.4 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 the Committee to be elected at the Annual General Meeting.
16. ELECTION OF THE COMMITTEE AND CAPTAIN
16.1 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.
16.2 A retiring member of the Committee shall be eligible for election to any position on the Committee without nominationprovided notice of such intention to do so is posted on the Notice Board at least 6 (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 2 (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.
16.3 Once the Executive Members of the Committee have been elected, a Captain for the ensuing year shall be elected at the Annual General Meeting from among the 6 (Six) Executive members elected to the Committee.
16.4 Should there be more than one nomination for the position of Captain a ballot shall be taken.
16.5 At the first meeting of the Committee, which shall convene immediately after the close of the Annual General Meeting, there shall be elected a Chairman and a Vice-Captain.
16.6 The Committee shall cause to be formed sub-committees comprising of Course, Golf, Finance and Audit, and House Committees and any other sub-committees as may be necessary.
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 remuneration and terms of employment;
17.2.3 To fix or amend from time to time tariffs and charges including green, playing, annual playing card, garaging and trail fees, caddies’ remuneration and any other tariffs necessary.
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 and 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 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;
17.2.7 To arrange terms of reciprocity with other Clubs;
17.2.8 To obtain and hold any licences or authorities which may be required to enable the Club to exercise any of its rights or functions;
17.2.9 To co-opt, at its discretion, a member or members for any purpose.
17.2.10 To fill such vacancies amongst their number as may occur during their term of office;
17.2.11 To acquire or dispose of by purchase or lease;
a) Any freehold or leasehold capital equipment or immovable property, limited to:
i) An amount approved, for the forthcoming two years, by members at an Annual General Meeting
ii) An amount approved by members at a General Meeting.
Capital Expenditure shall be defined as expenditure on capital items and shall be disclosed in the Annual Financial Statements in accordance with the following Entity Based Accounting Policy:
FIXED ASSETS AND DEPRECIATION Fixed assets are written down to a valuation of R1 for each category of asset. Additions and replacements are written off in the year of purchase with the exception of fixed assets acquired under instalment sale and lease contracts, the cost of which are written off over the period of the contract. Details pertaining to the individual items are recorded in appropriate asset registers.
b) In the event of an emergency, where time does not permit the calling of a General Meeting, any capital equipment necessary for the proper upkeep and running of the Club may be purchased 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 cognizance of the financial position of the Club. Such expenditure shall be highlighted at the Annual General Meeting.
17.2.12 To authorise by resolution any 2 (Two) members of the Committee to sign on behalf of all the members of the Club all Powers of Attorney, contracts, agreements or deed or documents requiring signature;
17.2.13 To fill any vacancy occurring in the position of Auditor;
17.2.14 To raise and borrow money for the Club, within the constraints of the approved budgets except in the case of an emergency;
17.2.15 To determine the maximum number of members in any category;
17.2.16 To discipline members for any misconduct in terms of the Constitution;
17.2.17 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.
17.2.18 To consider, approve, limit and control existing and additional Donor, Memorial or Commercial signage positioned or to be positioned on the golf course or within the clubhouse.
17.2.19 To maintain the golf course in an acceptable playing condition to the members, and not make any material alterations to the design of the course without the prior approval of members at a General Meeting.
18. MEETINGS OF THE COMMITTEE
18.1 The Committee shall meet once every month or more often as occasion requires.
18.2 At least 7 (Seven) full days notice 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, 6 (Six) shall constitute a quorum.
18.4 Any member of the Committee absenting himself or herself without leave from 2 (Two) consecutive meetings, of which due notice has been given, shall cease to be a member of the Committee, provided that such meetings do not take place within a period of 30 (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 2 (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 the Chairman of the Committee. The Chairman of any meeting shall have a casting vote in addition to his deliberative vote.
20.1 The Chairman shall have the 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 ex officio member of all Sub-Committees.
21. LIABILITY OF THE 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, being Annual General Meetings and Special General Meetings.
22.2 Notice of the date and hour of all General Meetings shall be posted in the Clubhouse, and e-mailed 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 4 (Four) months after the commencement of the financial year. The financial year shall commence on 1st September.
23.2 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, a summary of the Capital Expenditure budgets and estimates and any proposed resolutions of which due notice has been given in terms of Clause 29.8.
23.2 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 alterations and/or additions 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 15 (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 15 (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 considered at a General Meeting held less than 12 (Twelve) months previously.
25. CHAIRMAN AT GENERAL MEETINGS
The Chair at all General Meetings shall be taken by the Chairman or in his absence the Captain or in his absence the President.
26. QUORUM AT GENERAL MEETINGS
26.1 The quorum for a General Meeting shall be 20 (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 a quorum for the transaction of all businesses of the meeting.
26.2 In the case of a Special General Meeting called by requisition of members, if no quorum be present within the specified time above, the meeting shall be dissolved.
27. VOTING AT GENERAL MEETINGS AND ADJOURNMENTS
27.1 A General Meeting may be adjourned from time to time by a majority of votes.
27.2 Unless otherwise provided in this Constitution:
27.2.1 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.
27.2.2 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 10 (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.
27.2.3 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 number of vacancies to be filled.
27..3.1 A member entitled to attend, speak and vote at any Annual or General Meeting of the Club may appoint another member of good standing as his or her proxy to speak and on a poll, vote on his or her behalf at any such meeting. The instrument appointing a proxy shall be in writing and signed by the appointer and be delivered to the Club by no later than forty-eight hours before the time appointed for holding the meeting at which the person named in such instrument proposes to vote; and in default the instrument of proxy shall not be treated as valid. In determining the period of forty-eight hours, Saturdays, Sundays and public holidays shall not be taken into account.
27.3.2 A member may not appoint more than one proxy to attend a General Meeting.
27.3.3 A proxy shall only be for a specified meeting and any meeting as a result of the adjournment thereof.
27.3.4 Every instrument of proxy shall be in the form or to the effect determined by the Committee from time to time and the Committee may, if it thinks fit, send out with the notice of any meeting forms of instrument of proxy for use at the meeting.
27.3.5 Any member present and entitled to vote, as a member or as proxy, shall have only one vote on a vote by a show of hands, irrespective of the number of members he or she represents by proxy.
28. CASTING VOTE AT GENERAL MEETINGS
In all cases of an equality of votes at General Meetings, the Chairman shall have a casting vote.
29. BUSINESS AT ANNUAL GENERAL MEETINGS
The business to be transacted at the Annual General Meetings shall be:
29.1 To confirm the Minutes of the previous Annual General Meeting;
29.2 To receive the Report of the Committee on the affairs of the Club;
29.3 To receive and consider the Audited Financial Statements for the preceding year;
29.4 To receive and consider the Proposed Capital budgets for the ensuing 3 (three) years;
29.5 To elect the Committee for the ensuing year;
29.6 To elect Honorary Life Members, if any, recommended by the Committee, of which notice has been given;
29.7 To appoint an Auditor;
29.8 To consider resolutions concerning the affairs of the Club, of which notice has been given within 2 (Two) months from the start of the new financial year;
29.9 To consider any business concerning the affairs of the Club.
30. MISCONDUCT OF MEMBERS
30.1 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 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:
30.1.1 To reprimand such member;
30.1.2 To call upon such member to rectify any misconduct;
30.1.3 To expel such member;
30.1.4 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;
30.1.5 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;
30.1.6 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;
30.1.7 To declare such member ineligible for re-election.
31. EXERCISE OF POWERS BY COMMITTEE
In exercising the powers conferred by Clause 30 hereof, the Committee shall be bound by the following provisions:
31.1 Any action taken by the Committee under the provisions of 30.1.3, 30.1.4, 30.1.5, 30.1.6 or 30.1.7 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;
31.2 No member shall be dealt with in terms of the provisions of 30.1.3, 30.1.4, 30.1.5, 30.1.6 or 30.1.7 above, unless and until the Committee shall have given him or her an opportunity to appear before it at such time and place as it may deem fit to explain or justify his or her 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 any such member, and any such member shall have the like power to tender the evidence of any member or any other person he or she may deem fit;
31.3 All communications between the Committee and a member dealt with in terms of 30.1.3, 30.1.4, 30.1.5, 30.1.6 or 30.1.7 shall be confirmed in writing.
32. RIGHT OF APPEAL
32.1 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.
32.2 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.
32.3 Only in the event of the member’s appeal proving successful shall the deposit be refunded.
32.4 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.
32.5 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 30 hereof.
33. ALTERATIONS AND INTERPRETATIONS OF 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.
34. DISSOLUTION AND LIQUIDATION
34.1 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 1 (One) month thereafter by the majority of members entitled to vote thereon.
34.2 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 other Club, having objects similar to those of the Club.
34.3 Upon winding up or liquidation of the Club, none of the assets remaining after the satisfaction of its liabilities shall be distributed to any member of the Club.
35. 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 the previously existing Constitution shall be presumed to have been done in terms of the corresponding provision of this Constitution.
36. ANNEXURE A – LADIES SECTION
36.1.1 The Lady Members are bound in terms of the provisions of clause 9 of this Constitution to adhere to the Rules and Constitution of the Club. However, the Lady Members are specifically empowered to determine matters pertaining solely to the Ladies Section and without in any way limiting the generality of this provision, may determine eligibility for Ladies competitions, disciplinary procedures and the election, composition and operation of the Ladies Committee, provided that any measures adopted by the Lady Members do not conflict with the Rules and Constitution of the Club.
36.1.2 The Lady Members shall 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 Annual General Meeting of the Ladies Section, amend annexure A.
36.2.1 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 22.2 of the Constitution.
36.2.2 The Annual General Meeting of Lady Members shall be convened not later than one week prior to the Annual General Meeting of the Club. The quorum for any Annual or Special General Meetings of the Ladies Section will be 15 (fifteen) members.
36.2.3 At the Annual General Meeting of Lady Members there shall be elected a Committee of Lady Members consisting of a Captain and a minimum of 5 (five) and a maximum of 6 (six) members, all of whom shall be Lady Members. Other Office Bearers, including a Vice-Captain, Honorary Secretary and Treasurer, shall be elected from the Committee at the first meeting of the Committee after the Ladies Annual General Meeting. The quorum for the Ladies Committee Meetings shall be 4 (four).
36.2.4 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(one) year.
36.2.5 A Lady President, who shall have served on the Committee for at least 1(one) year during the preceding 10 (ten) years, shall be elected by the Lady Members at an Annual General Meeting of Lady Members in accordance with clause 36.2.6 below. The Lady President will hold office for a period of 2 (two) 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.
36.2.6 The Honorary Secretary shall post the nominations of President and Captain and Committee on the Ladies Notice board 6 (six) 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 to the Committee.
36.3 The Lady Captain and Lady Vice-Captain shall, ipso facto, be Chairman and Vice Chairman of the Ladies Committee. The Chairman of a Committee meeting, being the Lady Captain, shall have a casting vote in addition to a deliberative vote.
36.4 The Ladies Committee shall have the right to co-opt any Lady Member for any purpose.
36.5 The Ladies Committee shall present a statement of its financial affairs at the Ladies Annual General Meeting and a copy thereof shall be made available to the Chairman of the Club as soon as practical after the financial year end of the Club, for inclusion into the Club’s audited financial statements.