The name of the Club shall be called SOUTHBROOM GOLF CLUB
The objects of the Club are:
2.1 . Primarily to provide golf and other sporting facilities as well as social and recreational amenities and facilities for the members of the Club.
2.2 To supply food and refreshments and conduct social functions.
2.3 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 objectives of the Club.
The rules of the Game of Golf 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.
The Club through the Executive Committee, 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:
4.1 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.
4.2 To acquire or dispose of any immovable property whether leasehold or freehold.
4.3 To maintain and improve the Southbroom Golf Course, Clubhouse and surrounds and any other sports or recreational facilities, including gardens, and other facilities as are necessary to enable to fulfil it objects
4.4 To borrow, collect or raise money by means of subscriptions, entrance fees, levies and debentures with or without security.
4.5 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.
4.6 To establish Pension, Provident and Medical Aid Schemes for the benefit of, and to grant pension allowances, gratuities and bonuses to employees, ex-employees of the Club, or dependants of such persons and to support or subscribe to any charities, clubs, institutions or societies.
4.7 To lend money, either with or without security to permanent employees of the Club subject to the approval of the Committee.
4.8 To do such other things as are incidental or conducive to the attainment of all or any of the afore going powers.
Membership of the Club may be granted in one of the following categories:
5.1 Membership of the Club may be granted subject to the requirements of The Membership Policy referred to as Appendix 1, hereto, which may be amended from time to time by the Executive Committee.
5.2 A person desiring to be a member shall submit a completed application form in a manner prescribed by the Committee.
5.3 The election of a member shall be by a round-robin majority vote of the committee.
5.4 The committee may call for references or additional information and take such steps and time as it deems appropriate to determine the suitability of the applicant.
5.5 A candidate whose application has been refused shall again not be eligible for election until (six) months have expired from the date of such refusal.
5.6 If the application is successful, the applicant shall become a member upon election.
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 buildings 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.
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 outstanding money owing to the Club.
The payment by or on behalf of a member of their first subscription shall be acknowledgement on the part of such member that they are bound by the Constitution and any decisions that may be made by the Committee from time to time and that they accept the ruling of the Committee in all cases, and no person shall be absolved from the effects of the Constitution and/or decisions in the plea of not having received a copy of them.
9.1 Junior Members shall automatically progress to Full Membership on attaining the age of 20 (twenty) without having to pay an additional entrance fee.
9.2 A Member may on written application and subject to the approval of the Executive Committee transfer his or her membership to another category of membership for which he or she is eligible.
9.3 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.
The Financial Year of the Club ends on 31st August each year.
11.1 President shall be elected at an Annual General Meeting and shall hold office for a period of 2 (two) years.
11.2 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 date of the Meeting and on receipt by the Club shall be posted on the Club Notice Board.
11.3 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.
11.4 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.
The role of a President shall be of a consultative and advisory nature. Minutes of all meetings of the Executive Committee shall be made available to the President on request at any time.
12.1 The Executive Committee shall comprise of the following
Four office bearers:
And 2 additional Members. The members of the Committee shall be Full members of the club and suitably qualified to handle the various portfolios allocated to them from time to time. The four office bearers shall be eligible to be appointed to handle other portfolios.
12.2 The Executive members of the Committee shall be elected at the Annual General Meeting, or at a Special General Meeting called for such purpose. The office bearers shall hold office for 2 (two) years and the two additional members shall hold office for one year or, if elected at a special General Meeting, in the case of the additional members, until the next Annual General Meeting and in the case of the office bearers until the second Annual General Meeting following their appointment.
12.3 Members of the Executive Committee shall be elected by ballot at a General Meeting, and shall hold office for the period accorded to them respectively, after which they shall retire, but shall be eligible for re-election to any position on the Committee.
12.4 Candidates for election to the aforesaid offices shall be nominated in writing, signed by two Full members of the Club (and countersigned by the Nominee), which nominations shall be in the hands of the General Manager and posted on the Club notice board together with the names of the retiring members offering themselves for re-election, not less than 21 (Twenty-One) days before the date of the Annual General Meeting. Such nominations shall also be included in the Notice of the Annual General Meeting.
12.5 The Lady Golf Captain, together with an ad hoc committee of her choosing shall manage the playing and social affairs of the Ladies Golf Section. The Men’s Golf Captain shall manage the playing affairs of the Men’s Golf section.
12.6 Should there be more than one nomination for any elected position a ballot shall be taken.
12.7 Office Bearers shall not be entitled to be nominated for the office they hold for the ensuing year after having completed a term of 3 (three) years. In exceptional circumstances this period may be extended annually by no more than a total of 2 (two) years as determined by the Committee in a Committee meeting, at which the office bearer concerned may not be allowed to vote.
13.1 The Fiduciary responsibility of the Club shall vest in the Executive Committee which shall serve as a policy-making body and act in an advisory and supervisory capacity over the GM (General Manager) and DG (Director of Golf).
13.2 The GM shall be responsible for the operational management of all aspects of the Club in accordance with the conditions of their contract;
13.3 The DG shall be responsible for the Golf Course Management, Golf Competitions and Management of the Pro Shop in accordance with the conditions of their contract;
13.4 The Committee shall have the power and authority to do any act, matter or thing excepting such matters as are in this Constitution specially reserved to be dealt with at a General Meeting.
13.5 The Committee shall in addition to the general powers and authorities granted to the Committee by this Constitution have the following special powers:
13.5.1 To appoint a Director of Golf (“DG”) in accordance with a Contract which defines the duties and responsibilities of the Director of Golf
13.5.2 To appoint a General Manager in accordance with a Contract which defines the duties and responsibilities of the General Manager; (“GM”)
13.5.3 To appoint, suspend or discharge any employee of the Club and to fix remuneration and terms of employment, in consultation with the GM.
13.5.4 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, in consultation with the DG;
13.5.5 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;
13.5.6 To make, vary and repeal policy for the running of affairs of the club, its officials and servants, provided that such policies do not conflict with the Constitution; The Committee shall cause any such policy which it brings about to be recorded in a special minute register thereof which shall be maintained by the Club and available for inspection by members at all reasonable times;
13.5.7 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;
13.5.8 To arrange terms of reciprocity with other Clubs;
13.5.9 To obtain and hold any licences or authorities which may be required to enable the Club to exercise any of its rights or functions;
13.5.10 To co-opt, at its discretion, a member or members for any purpose;
13.5.11 To fill such vacancies amongst their number as may occur during their term of office.
13.5.12 To acquire of dispose of by purchase or lease and freehold or leasehold capital equipment or immovable property, limited to 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:
13.5.13 In the event of an emergency, where time does not permit the calling of a General Meeting, any capital equipment not exceeding R500k necessary for the proper upkeep and running of the Club may be purchased without the prior consent of General Meeting. Such expenditure shall be highlighted at the Annual General Meeting.
13.5.14 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;
13.5.15 To fill any vacancy occurring in the position of Auditor;
13.5.16 To raise and borrow money for the Club, within the constraints of the approved budgets except in the case of an emergency;
13.5.17 To determine the maximum number of members in any category;
13.5.18 To discipline members for any misconduct in terms of the Constitution;
13.5.19 To deal with any conditions or circumstances arising which specific provision is not provided for in this Constitution.
13.5.20 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;
13.5.21 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.
14.1 The Committee shall meet once every month or more often as occasion requires.
14.2 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.
14.3 At all meetings of the Committee, 4 (four) members present shall constitute a quorum.
14.4 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.
14.5 A meeting of the Committee may be convened at the request of the Chairperson or on the written request of at least 2 (two) members of the Committee.
14.6 Voting procedure
All decisions at the Committee Meeting shall be decided by the majority of votes, unless otherwise specified herein, and the declaration of the result by the Chairperson shall be conclusive. The Chairperson of the Committee meeting shall have a casting vote in addition to a deliberative vote.
The Chairperson or in their absence a member elected by the members present shall be the Chairperson of the Committee. The Chairperson of any meeting shall have a casting vote in addition to their deliberative vote.
16.1 The Executive Committee shall have the power to appoint Sub-Committees for any purpose and to delegate to Sub-Committees such powers as may be deemed desirable
16.2 The Chairperson shall be an ex officio member of all Sub-Committees.
The members of the Committee and Sub-committee are hereby indemnified and held harmless against any loss or damage that may suffered as a result of endeavours made by them in good faith to give effect to the duties and powers vested in them.
18.1 Only Full members shall be entitled to vote at General Meetings, being Annual General Meetings and Special General Meetings.
18.2 Notice of the date and hour of all General Meetings shall be posted in the Clubhouse, and emailed 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.
18.3 The accidental omission to send a notice to any member shall not invalidate the Meeting.
19.1 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.
19.2 The notice of the Annual General Meeting shall include the Report of the Committee, the Audited Financial Statements 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 19.1.
20.1 Special General Meetings may be called by resolution of the Committee, or on a requisition addressed to the Chairperson signed by not less than 15 (fifteen) Full Members.
20.2 The requisition shall set forth clearly the business for which such a Special General Meeting is to be convened and the resolution which is to be proposed.
20.3 Only such business shall be considered at a Special General meeting as has been specified in the notice of the meeting.
20.4 A Special General Meeting requisitioned by 15 (fifteen) members shall be convened by the Chairperson 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.
The Chair at all General Meetings shall be taken by the Chairperson or in his absence one of the Captains or in their absence, the President.
22.1 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 day, place and hour in the next week, and, at such adjourned meeting those members present shall be deemed to be a quorum for the transaction of all business of the meeting.
22.2 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.
23.1 A General Meeting may be adjourned from time to time by a majority of votes.
23.2 Unless otherwise provided in this Constitution
23.2.1 All decisions at General Meetings shall be decided by a majority of votes and the declaration of the result by the Chairperson shall be conclusive.
23.2.2 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 Chairperson shall fix the time and mode of such ballot. All votes for members of the Committee shall be by ballot.
23.2.3 Members must vote for at least the minimum numbers of candidates necessary to fill the Committee.
23.3 PROXIES
23.3.1 A member entitled to attend, speak and vote at any Annual 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 no later than 48 (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.
23.3.2 A member may not appoint more than one proxy to attend a General Meeting.
23.3.3 A proxy shall only be for a specified meeting and any meeting as a result of the adjournment thereof.
23.3.4 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 instrument of proxy forms for use at the meeting.
In all cases of an equality of votes at General Meetings, the Chairperson shall have a casting vote.
The business to be transacted at the Annual General Meetings shall be:
25.1 To confirm the Minutes of the previous Annual General Meeting;
25.2 To receive the Report of the Committee on the affairs of the Club;
25.3 To receive and consider Audited Financial Statements for the preceding year;
25.4 To receive and consider the Proposed Capital Budget for the ensuing year;
25.5 To elect the Committee for the ensuing year;
25.6 To elect Honorary Life Members, if any, recommended by the Committee, of which notice has been given;
25.7 To appoint an Auditor;
25.8 To consider resolutions concerning the affairs of the Club, of which 7 days notice has been given in conjunction with the notice of the Annual General Meeting;
26.1 Should any member in the opinion of the Committee, commit any wilful breach of the Constitution or the policies 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 interest of the Club, whether within the Club’s precincts or outside them, the Committee shall have the power:
26.1.1 To reprimand such member;
26.1.2 To call upon such member to rectify any misconduct;
26.1.3 To expel such member;
26.1.4 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;
26.1.5 To call upon such member in writing to resign, and if they fail to resign, within 30 (thirty) days of the date of such request, to expel such member;
26.1.6 To call upon such members in writing to appear before the Committee and there explain their conduct and should such member fail to appear when called upon to do so, to expel or otherwise deal with such member as provided in this Constitution;
26.1.7 To declare such member ineligible for membership.
In exercising the powers conferred by Clause 26 hereof, the Committee shall be bound by the following provisions:
27.1 Any action taken by the Committee under the provisions of 26.1.3, 26.1.4; 26.1.5, 26.1.6 and 26.1.7 above shall not entitle any member so dealt with, to a refund in either part of whole of any entrance fee subscription which has been paid in terms of the Constitution.
27.2 No member shall be dealt with in terms of the provisions of 26.1.3, 26.1.4; 26.1.5, 26.1.6 and 26.1.7 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, including the appointment of a suitably qualified independent person to chair the hearing. 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.
27.3 All communication between the Committee and a member dealt with in terms of 26.1.3, 26.1.4; 26.1.5, 26.1.6 and 26.1.7 shall be dealt with in writing.
28.1 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.
28.2 Such Special General Meeting shall be convened without delay after the member concerned has notified in writing his or her desire 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.
28.3 Only in the event of the members’ appeal proving successful shall the deposit be refunded.
28.4 Where an appeal has been lodged in respect of 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.
28.5 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.
No provision of the Constitution shall be repealed, amended or substituted and made, save by a resolution carried by at least two-thirds of the Full Members present and voting at a General or Special Meeting of which due notice of the proposed alternations and/or additions have been given.
30.1 The Club may be dissolved by a resolution passed at any special general meeting called for the purpose, provided that such resolution is passed by a majority of two-thirds of members present and entitled to vote.,
30.2 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.
30.3 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.
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.
Membership of the Club may be granted in one of the following categories:
1.1 Full Members
A Full Member shall be any person elected to be a Full Member of the Club.
1.2 Junior Members
A Junior Member shall be a person who, being under the age of 20(twenty) within 6 (six) months of the start of the financial year of the Club has been duly elected a Junior Member, shall be entitled to use of the club facilities in accordance with policy laid down by the Committee.
1.3 Associate Member
The 2 categories of Associate membership shall be:
1.3.1 An Annual Membership that enables a golfer to register with SAGA for the year, obtaining an official South African Handicap Card and registering as an Affiliated Golfer, and pay a reduced annual subscription determined by the Club from time to time, provided that this membership entitles the member to play on a Friday and Sunday only, at members green fee rates. Visitors fees will be payable for the remaining days of the week.
1.3.2 An Annual Membership that enables a golfer to register with SAGA for the year, obtaining an official South African Handicap Card and registering as an Affiliated Golfer, and pay a reduced annual subscription determined by the Club from time to time provided that Visitors Green Fees will be payable every day of the week;
1.4 Social Members
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. Social Members are entitled to use the club facilities in accordance with policy laid down by the Committee.
1.5 Honorary Members
An Honorary Member shall be any person admitted to the club by the committee by reason of such person having contributed significantly to the well-being, development and growth of the club.
An Honorary 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.
1.6 Temporary Members
A Temporary Member shall be a person engaged at the Club in any match or competition provided that:
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 The club shall have the right in its absolute discretion to withdraw such membership summarily at any time.
1.7 Reciprocity Members
A Reciprocity Member shall be a member of another club with which a formal reciprocal arrangement of membership has been concluded.
1.8 Special Members
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.
2.1 Annual subscriptions for Full Members are payable in respect of the Club’s financial year and shall become due in full on the first day of September of each year subject to the following:
2.2 The Annual Subscription for Full Members shall be such amount as the Committee may from time to time determine, however no increase of more than 20% (twenty percent) above the prevailing fee shall be imposed without approval at a General Meeting.
2.3 The Committee may in its absolute discretion from time to time agree on categories of Membership which will qualify for age related discounts.
2.4 A Full Member who has been elected as an Honorary Life Member in a General Meeting on recommendation of the Committee shall not pay an Annual Subscription.
2.5 A Full Member who was appointed as a Country Member in terms of the previous Constitution, shall pay 80% (eighty percent) of the Annual Subscription.
2.6 Any person holding any office in the Club who is duly appointed as a Full Member by the Committee shall pay such percentage of the Annual Subscription as the Committee may decide in each case.
2.7 The Annual Subscriptions for other membership categories shall be in such amount, and shall be due and payable, on such terms as the Committee may from time to time determine.
2.8 Honorary Members and Honorary Social Members shall not be obliged to pay Annual Subscriptions.
2.9 The Committee may, in its absolute discretion, remit the whole or part of the Annual 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.
2.10 Any member whose Annual Subscription or any other liability to the Club has been in arrears for 30 (thirty) days or longer and which is not the subject of a written dispute, and which remains unpaid for 21 (twenty-one) days after the dispatch of written notice by post or by electronic mail shall be removed as a member of the Club.
2.11 The Executive Committee may prescribe an entrance fee if deemed appropriate.
The normal concept and applicability of a discipline procedure does not really correlate with the control of behaviour and standards within the confines of a normal sports club since there is no contract of employment! As such this dispute procedure is intended to facilitate a consultative process by which a perceived problem can be brought to an amicable settlement. Failure to achieve such a settlement will require the elected officials to intercede and apply a solution.
This procedure will be applicable to ALL grades of membership including any temporary or visiting personnel, non-members, visiting clientele, customers, contractors etc.
Should the dispute involve a junior member or individual, such individual shall have the concession to bring a parent or guardian.
Should the dispute involve a member of senior management or the management committee, then such individual shall not be allowed to directly participate in the consideration of the dispute or act. This procedure is not applicable to any individual who is in possession of a formal contract of employment with Southbroom Golf Club. Any form of complaint or dispute involving such an individual will be dealt with in terms of the Club’s disciplinary procedure. Notwithstanding, a complaint or dispute raised by an employee against a member will still be dealt with in terms of this dispute procedure. On conclusion of this procedure, should it be found that the employee and not the member has committed a breach then such offence shall be dealt with in terms of the Club’s disciplinary procedure.
Further to the above, since there is no formal contract of employment to be disputed, no legal representation shall be permitted during the application of this procedure unless by special vote of the management committee.
The following examples are by no means intended to be a restricted or exhaustive list of potential offences. All and any perceived offences must be evaluated on individual merit taking into account current and past practices and any previous actions taken in similar circumstances. However, consider the following examples;
3.3.1 Breaches of any stipulated club rules or regulations.
3.3.2 Alleged breaches of any formal golf rules.
3.3.3 Handicap infringement of any description.
3.3.4. Any perceived infringements during club tournaments whether on company premises or on an away course.
3.3.5 Unacceptable, unlawful and/or inappropriate actions/ behavior.
3.3.6 Any actions of an individual which it is alleged has or may bring the club into disrepute.
3.4.1 STAGE ONE
Any alleged or perceived complaint or misconduct should be submitted in writing, preferably within ten (10) working days of the incident in question. Any late submission may require an explanation as to why there was a delay in submission of the complaint. Any dissatisfaction at this point shall be referred to the management committee for evaluation and final decision.
All such submissions referred to above shall be lodged with the General Manager (club manager) who will be accountable for the initial evaluation of the complaint. Should the complaint involve an employee it shall be dealt with in terms of the Club’s disciplinary procedure, alternatively the complaint shall be lodged with the management committee.
3.4.2 STAGE TWO
On receipt of a written. formal complaint the management committee shall nominate a committee member to investigate the complaint by interviewing all parties concerned. On completion of this initial investigation the committee member so nominated shall report back to the management committee as to whether further action is required with a recommendation as to the form such action should take. The initiating complainant shall be notified, by the Chairperson in writing, of such decision. This committee member may still be nominated for the dispute committee.
3.4.3 STAGE THREE
On the proviso that further action is required and subject to the nature of the complaint, the management committee shall, by agreement, nominate a disciplinary committee which shall consist of a maximum of three (3) suitably qualified committee members to initiate a dispute hearing. The committee shall also be accountable for the application of all procedural aspects of the dispute hearing.
The dispute committee so nominated shall further nominate a dispute chairperson who shall be accountable for the convening of a dispute hearing within ten (10) working days of the formation of the committee. Further, such chairperson shall also be accountable for contacting all parties concerned instructing them as to the date and time of the hearing and also the process to be followed. This must include whether or not a participant may require an interpreter.
Prior to the convening of the hearing. The chairperson shall be accountable for confirming availability of all parties concerned as well as any witnesses/interpreter that may be required.
In this regard, the chairperson shall notify all parties to the dispute that they must lodge, within three (3) working days of the hearing, a formal written list of witnesses required.
Any requests for delays or postponements must be evaluated by the dispute committee and appropriate decisions taken. Such decisions to be communicated, in writing, to all parties.
3.4.4 STAGE FOUR
The dispute committee shall be accountable for deciding the procedure to be followed during the application of the dispute hearing, however, the following guidelines are recorded for consideration:
3.4.1.1 Introduce the parties and explain the procedure to be followed. All parties will be given the opportunity to state their case and no unruly behavior/comments /interruptions will be tolerated.
3.4.1.2 Confirm all parties understand why they are there and the written allegations before them.
3.4.1.3 As is standard practice “he/she who alleges must prove”, therefore the one bringing the allegations must state their case. Confirm that whilst it is understood that the defending party may disagree, once again no interruptions will be tolerated.
3.4.1.4 On conclusion of the above submission the defending party will be given the right of reply. This to and from process may continue at the discretion of the chairperson with the dispute committee members asking questions/clarity as the process progresses.
3.4.1.5 At this point it may be prudent to call witnesses
3.4.1.6 The applicant shall be the first person to lead
3.4.1.7 The applicant shall lead the evidence from witnesses, (the Chairperson must be aware that the applicant is not allowed to ask “leading” questions and all evidence from the witnesses must be directed to the dispute at hand.
3.4.1.8 When the applicant has called all witnesses then the respondent will commence with his/her witnesses.
3.4.1.9 The application of 3, 4, 5 and 6 above will be applied to each witness called by the parties.
3.4.1.10 It is incumbent on the chairperson to ask all parties if they have completed all their evidence and record their respective responses.
3.4.1.11 The chairperson should give both applicant and respondent the opportunity to make a brief closing statement. (No more than 2/5 minutes).
3.4.1.12 The chairperson should close the hearing by thanking all parties and giving an indication as to when the committee will notify them of their findings. See Note
3.5 APPEAL PROCEDURE
3.5.1 Any party who is or was subject to the decision of a disciplinary committee may appeal against the decision taken.
3.5.2 Such appeal must be lodged with the general manager no later than 14 working days from receipt of the decision/ notification.
3.5.3 The appeal so lodged must tabulated, in detail, the specific reasons/grounds for the appeal.
3.5.4 It should be noted, dissatisfaction with the decision “is not” grounds for an appeal.The General manager shall progress the application, within 3 working days, to the club chairperson.
3.5.5 The chairperson on receipt of the appeal shall canvas the full committee, including the general manager and the golf club director for their input and decision.
3.5.6 The chairperson, having gained the individual team members decisions and bearing in mind the chairperson has a casting vote, will convey, in writing, the final decision of the committee.
3.5.7 The general manager shall ensure that the individual/s receive such award timeously.
NOTE:
a. Length of membership
b. Previous record
c. Personal circumstances
