THE CONSTITUTION OF THE ROVER MOTOR CYCLE CLUB
The name of the Club will be The Rover Motorcycle Club.
2.1 The objects of the Club shall be to operate and function as a body corporate for the purpose of promoting, fostering and encouraging all forms of Motor Sport, and for that purpose to do and/or cause to be done, any such act or thing as the Committee of the Club shall deem necessary to further the aforesaid object including the acquisition, hire, alienation, lease, encumbering and investment of movables and incorpeal property or of any limited interest therein, the lending, investment or placing of Club Funds, the borrowing of money, the acquisition of rights and incurring of obligations and the making of grants and donations.
2.2 The Club is not formed for the purpose of carrying on any business that has for its object the acquisition of gain by the Club or by the individual Members thereof.
2.3 The Club is formed for the purpose of promoting amateur sport.
3 INDEPENDENT LEGAL PERSONALITY
3.1 The Club is formed with the intention that this Constitution and by its objects and its activities it shall be a body corporate or “universitas” having separate legal “persons” with perpetual succession, and with the capacity to acquire and hold property for itself and apart from its Members and the individual Members shall have no right in or to any property or other assets of the Club.
3.2 The property and other assets of the Club shall vest in the Club, which shall hold such assets for itself as distinct from its individual Members and the individual Members shall have no right in or to any property or other assets of the Club.
3.3 Any obligation incurred by or for or on behalf of the Club shall be incurred for the Club itself and to the exclusion of the individual Members.
3.4 Under no circumstances shall the assets of the Club or any part thereof be distributed to Members in the form of a dividend or a share cut of profits or remaining funds and in the event of the Club being dissolved, the assets shall be handed over to such a body as the Committee may decide.
3.5 The Club may sue or be sued in its own name and the right of decision to sue or to defend any suit shall vest in the Committee of the Club.
4.1 Membership of the Club will comprise of at least thirty five (35) ordinary Members.
4.2 Membership shall, at the discretion of the Committee, be open to any person who:-
4.3 Makes application on the prescribed form duly proposed by a Member of the Club and Seconded by a Committee Member of the Club and forwarded to the Secretary together with the Entrance Fee of plus the Subscription Fee as detailed in this Constitution which will be refunded if Applicant is not accepted. The application is to be considered and voted upon and accepted by the Committee but no ordinary Member shall be elected within less than fourteen (14) days after nomination. The Applicant is to be advised of the Committee’s decision.
4.4 Upon acceptance into Membership of the Club, the Applicant agrees to be bound by the Constitution or any other governing Bodies and any other amendments thereto. Also the Applicant agrees to take an active part in Club Activities.
4.5 Agrees that eligibility for election to the Club Committee shall be restricted only to Members who are not serving Members of another Motor Sport Club Committee.
4.6 Agrees that the Committee shall have the power to suspend a Member from participating in any of the privileges of the Club or may request his or her resignation from the Club for any infringement or misdemeanour subject to the right of such Member to appeal to a General Meeting against such suspension or forced resignation. The decision will be final.
4.7 Agrees to keep the Honorary Secretary advised of any change of address, business or residential.
4.8 Agrees that all Club Floating Trophies won will be held by the winner for one (1) year only and that such Trophies will be returned to the Honorary Secretary upon request in writing should they be required for further competition or upon resignation from the Club or transfer of Member from Port Elizabeth.
4.9 Agrees to be held responsible for the safe custody and care of any Trophy in his or her possession, irrespective of insurance coverage with the exception of fire and theft and that compensation in full value will be made to the Club in the event of loss, damage or destruction of such Trophy.
4.10 Agrees that “Life Membership” of the Club will be conferred on a Member at the sole discretion of the Committee.
4.11 No person residing within thirty kilometres (30kms) from the Club is eligible for election as an Honorary Member, Temporary Member or Reciprocity Member of the Club unless:-
4.11.1 he/she is so eligible by reason of his/her holding a public office or being a bona fide candidate for Membership or having conferred an exceptional benefit on the Club; or
4.11.2 he/she is allowed the privileges of Membership while engaged in a competition, approved by the Committee.
5.1 The Committee shall consist of a maximum of eleven (11) Members, herein referred to as the Committee, including the President, Vice-President, Secretary, Motocross Chairman,Motocross Vice Chairman, Enduro Chairman, Enduro Vice Chairman ,Treasurer, Club Captain, Editor, Public Relations Officer and any other Member that the Committee may deem necessary. Five (5) Members shall form a quorum.
5.2 The abovementioned officials shall be elected at the Annual General Meeting. Retiring officials shall be eligible for re-election.
5.3 The Committee shall have the power to appoint assistants and any other officials as the activities of the Club may demand.
5.4 The Committee shall meet at least once every calendar month to transact club business.
5.5 At the first meeting of the Club year the Committee shall allocate routine duties to the Secretary.
5.6 The Committee shall have such powers and authorities as are allowed in law and shall be entitled, on behalf of the Club, to do any act of which a natural person is capable except such acts as are expressly prohibited in terms of this Constitution.
5.7 The Committee is empowered to reject any resolution put forward from a General Meeting twice in succession. On the third presentation however, providing that seventy five percent (75%) of the Members present at the General Meeting immediately preceding the third presentation voted in favour of the resolution being passed, the Committee must pass the aforementioned resolution providing that the matter under discussion does not pertain to matters affecting the Constitution.
5.8 Disputes regarding the interpretation of the Constitution or any other matter which may arise shall be referred to the Committee in writing for consideration and its decision shall be final and binding on all Members unless otherwise decided at a General Meeting.
5.9 Alterations or amendments to the Constitution can only be made at the Annual General Meeting or a Special General Meeting on a majority vote of those present. Notification of any intended alteration to be forwarded to the Secretary in the form of a motion, duly proposed and seconded at least two weeks before such meeting in order to have such motion appear on the Agenda.
5.10 All changes in the Constitution to be effective from the date of the Annual General Meeting or Special General Meeting at which adopted.
5.11 The Committee must examine any complaints or suggestions submitted to it in writing through the Secretary at the first Committee Meeting after receipt.
5.12 The Secretary shall be responsible for notifying all Members of impending meetings.
5.13 Meetings shall be held at a time and place decided upon by the Committee; Members to be given at least seven (7) days notice of the intention to hold such meeting.
5.14 The Secretary shall be responsible for the proper recording of all business transacted at Committee, General and Annual General Meetings and for all correspondence received or despatched.
5.15 Any Committee Member absent from more than three (3) consecutive meetings without leave shall have his or her seat declared vacant and the Committee shall elect a Member to fill the vacancy.
5.16 In the event of resignation of a Committee Member his or her place may be filled by another Member of the Club elected by the Committee.
5.17 The Chairman shall have only a casting vote at all meetings.
5.18 The Secretary shall keep accurate record of the residential/business address of every Member.
5.19 The Treasurer shall insure all Club property including trophies against loss or damage.
5.20 The Club will be responsible for the payment of the Club Registration Fee to Motor Sport Control.
5.21 All payments on behalf of the Club to be by cheque signed by any two of the following: Secretary, Treasurer, Chairman. A banking account in the name of the Club must be opened at a registered Commercial Bank.
5.22 Notwithstanding the provisions of Rule 5.21 the Secretary and the Treasurer may be granted petty cash to carry on the business of the Club between Committee Meeting. Such cash to be accounted for to the Committee at each monthly meeting.
5.23 All monies shall be handled by the Treasurer who will be responsible for its safe custody until banked. All monies disbursed shall be accounted for to the Committee which had previously authorised its disbursement.
5.24 The Treasurer shall at each Annual General Meeting present to Members a Balance Sheet together with an Expenditure and Revenue Statement prepared at the close of each financial year. Financial year to mean each completed twelve (12) months from date of affiliation.
5.25 No Club Member who is not in good financial standing with the Club shall hold office or participate in organised Club events.
5.26 Club Blazer badges may be purchased by any Member in good standing with the Club and whose subscription has been paid in full for the current season.
5.27 The headquarters of the Club will be at Port Elizabeth at the Clubhouse or unless we have to vacate the Clubhouse then at an address to be decided from time to time.
5.28 Proper records, including a register of Members, shall be kept by the Club.
5.29 Should the situation occur where no defined new committee can be elected, for whatever reason , the existing committee will remain in place and an SGM called to resolve the running or management of such facet.
6.1 An Entrance Fee shall be paid, as determined by the Committee, in advance with the application which will be refunded if not accepted as a Member.
6.2 An annual subscription payable in advance upon acceptance to Membership as determined by the Committee. The Annual Subscription for an ordinary Member shall be determined by the main committee annually or as required at an AGM or SGM notification
6.3 New Members joining the Club during a year must pay the full membership fee as determined at the AGM or SGM plus an admin fee of R150 or as determined annually but only a pro rata share of the Annual Subscriptions based on six monthly periods
6.4 Membership is only valid once full payment is received. A Member in default can however be re-admitted to Membership upon payment in full of Entrance Fee and Annual Subscription.
6.5 Country Members resident outside the Nelson Mandela Bay Metropolitan area may be admitted to the Club on payment of the subscription applicable to Country Members.
6.6 All Members will be sent at least one account for subscriptions.
6.7 It is compulsory for fathers and/or guardians and/or mothers of Junior Members under sixteen (16) years of age to be a Member of the Club.
A firm of Chartered Accountants shall be elected at the Annual General Meeting. They shall hold office for one (1) year and be eligible for re-election. In the event of the post becoming vacant, the Committee shall have the power to fill such vacancy for the unexpired period of office. The books of account and revenue and expenditure vouchers of the Club shall be subject to a yearly audit by these auditors who shall have access to the vouchers, documents, etc. and shall report on and certify any statement prepared by the Treasurer at the end of each financial year or when called upon to do so.
8 The ENGLISH copy of the Constitution will be recognised as the official copy.
9.1 Voting at the Annual General Meeting or SGM for the election of officers will be by secret paper ballot or by electronic voting mediums. All other voting at the Annual General Meeting or SGM will be by show of hands unless otherwise decided upon at the meeting.
10.1 Notwithstanding the provisions made in this Constitution, Committee Meetings will be held monthly, seven (7) clear days notice of intention to hold such meeting to be given to Committee Members.
10.2 The Annual General Meeting shall be convened by the Secretary on direction by the Committee on a date within thirty (30) days of the end of the Financial Year. Ten (10) Members form a quorum. A notice convening the meeting shall be sent to each Member at least seven (7) days before the date fixed for the meeting.
10.3 Ordinary General Meetings shall be held at the discretion of the Committee. A register of all Members present at the Club General Meeting shall be kept. Members are to sign the register personally.
11 SPECIAL GENERAL MEETINGS
Upon resolution of the Committee or on the written request of not less than 10% of the Club Members, the Secretary shall within 14 days convene a Special General Meeting. Only the business for which such a meeting has been called shall be discussed. Members calling for this special general meeting shall do so in writing to the Secretary, stating the business to be dealt with. The applicant who signs the application must be in good financial standing with the Club. Such Special General Meeting must be held within 30 days of the application being made.
12 Notwithstanding anything contained in this constitution, if at any meeting called in accordance with the constitution, and no quorum be present, the presiding officer shall after an interval of thirty (30) minutes adjourned once, any number of Members will constitute a quorum for the purpose of conducting the business of the previously adjourned meeting, provided that the due notice of such adjourned meeting has been given to all Members.
13 FINANCIAL/CALENDAR YEAR
The official dates for the Club year will be from 1 December to 30 November.
14 TROPHIES AND MINIATURES
Trophies to be awarded on a point scoring system as agreed by the presiding Committee.
15 HONOURS AWARD:
“Club Honours shall be awarded to Members who have participated consistently in National Motor Sport Competitions and/or those Members who have given outstanding service to the Club and these colours be awarded at the Club’s annual prize-giving. This award shall be made at the discretion of the presiding Committee. The award shall consist of a GOLD LAUREL WREATH WITH THE WORD HONOURS AT THE BASE OF THE EXISTING BADGE.
The Club shall be dissolved only by seventy five percent (75%) or more Members of the Club being in favour thereof. In the event of dissolution, all trophies, will be returned to those who donated them. The assets of the Club shall, on dissolution, be dealt with as on insolvency but any remaining assets shall be dealt with as provided in Clause 3.4.
17.1 Only Club Members (including bona fide reciprocity Members) are permitted to pay for facilities, liquor or refreshments supplied on the premises of the Club.
17.2 No profit from the sale of liquor by the Club shall accrue to any individual.