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Constitution Print E-mail

Constitution of Shetland Sheepdog Club of SA:

 

1.                  Interpretation.

 

Throughout this constitution and in any regulations framed under it, words importing the singular shall include the plural, words importing the masculine gender shall include the feminine and neuter genders and vice versa unless such interpretation is inconsistent with the context thereof.

 

2.                  Name.

 

The name of the club shall be the Shetland Sheepdog Club, hereafter referred to as ‘the Club’.

 

3.                  Affiliation with The Kennel Union of Southern Africa.

 

The Club shall be affiliated with the Kennel Union of Southern Africa, and shall observe the constitution, rules, and regulations of that body.

 

4.                  Headquarters and Address of the Club.

 

The headquarters of the Club shall be as determined from time to time by the committee, but shall be in the Western Transvaal Centre.

 

5.                  Objects.

 

The objects of the Club shall be;

 

a).           to promote, encourage, foster and advance the breeding, well-being of and interest in the Shetland Sheepdog.

 

b).           to observe and adhere to the Breed Standards of the Shetland Sheepdog as adopted from time to time by the Kennel Union of Southern Africa .

 

c).            to organise and hold shows (including match meetings), in Breed, Obedience, Working Trials, and other dog activities recognized by the Kennel Union of Southern Africa, including training for any or all of these activities.

 

d).           to promote a better understanding of dogs and wider knowledge of dogs and dog affairs and to promote goodwill both among people interested in dogs and towards dogs.

 

6.                  Powers.

 

For the better attainment of its objects the Club shall be empowered:-

 

a).           to collect, canvas for and to accept subscriptions, donations, bequests, endowments and benefits of any nature for the Club, from any person or body or from any source whatsoever;

                b).           to invest the funds and assets of the Club in securities nominated by the committee;

 

c).            subject to the approval of a two thirds majority of members with voting rights present at a General or Special meeting;

 

                                i).             To acquire or dispose of immovable property;

ii).            To mortgage the immovable property of the Club and to mortgage or pledge the moveable property of the Club.

iii).           To create and issue debentures and to mortgage the immovable property of the Club to secure such debentures.

 

                d).           to offer prizes and trophies in connection with any of the Club’s activities.

 

                e).            to arrange social functions for members and guests.

 

                f).            to design, register and issue any heraldic arms, badges or uniforms.

 

g).            generally to perform all such acts as may be expedient or necessary  to further the interests of the Club and object for which it is formed.

 

h).           buy, dispose of, rent, lease and/or hire movable property, goods and services required for the effective conduct of the Club’s affairs or for the advancement of the interest of the Club’s members.

 

7.                  Trading and Income.

 

The Club shall not engage in any activity or transaction that has as its object the financial gain of any person or persons or any institution other than the Club. The income and property of the Club shall be used solely for the pursuit of the Club’s objects.

 

8.                  Trustee.

 

The chairman of the Club for the time being shall be the trustee of the Club in whom shall vest all movable and immovable property of the Club and who shall be entitled to sue and accept service in the name of the Club. In handling the property of the Club and in dealing with legal issues the trustee shall always act on behalf of the Club and in accordance with such direction given or decisions made from time to time by the Committee or passed by members in a General Meeting of the Club.

 

9.                  Indemnity.

 

All office bearers and members of the Club shall be indemnified by the Club in respect of any legal liability incurred while acting on behalf of the Club provided they acted in accordance with directions given or directions made from time to time by the Committee or passed by members in a General Meeting of the Club.

 

10.              Membership.

 

a).           Membership shall be open to any person who is not disqualified or suspended by the Kennel Union of Southern Africa.

 

b).           There shall be four classes of membership viz.;

 

i).             Honorary Life Members, who shall be persons nominated by the unanimous vote of the committee and subsequently elected at the next annual General Meeting of the Club and nemine contradicente. Persons nominated for Honorary Life Membership shall be those considered worthy of special recognition for services to the Club, to Dog affairs, or for an outstanding achievement in connection with dogs. An Honorary Life Member shall enjoy the full privileges of membership of the Club, free of entrance fee and subscriptions and shall be entitled to vote as an ordinary member.

 

ii).            Ordinary Members being members over eighteen years of age who are not otherwise defined in this section. An ordinary member shall be entitled to vote at all general meetings of the Club.

 

iii).           Family members comprising husband, wife and children not over the age of eighteen years. The husband and wife shall each be entitled to vote as ordinary members but the children shall have no vote.

 

iv).          Junior Members being persons not included in a family membership who are attending school for so long as they are attending school. Junior members may participate in the discussion on any matter before the Club, but shall not be entitled to vote thereon.

 

c).            the liability of each member shall be limited to the amount of the annual subscription.

 

11.              Application for Membership.

 

a).           Application for membership shall be made in writing on the form prescribed from time to time and shall be considered by the Committee at its first meeting after the receipt of the application and until acceptance by the Committee has been conveyed to the applicant he shall have no voting rights.

 

b).           The Committee shall have complete and absolute discretion to accept, refuse or refer any application without having to disclose any reason for its decision.

 

12.              Lapsing of Membership.

 

a).           Upon failure to pay entry fees and initial subscriptions within thirty days of the date on which they become due.

 

b).           Upon failure to pay a renewal subscription within sixty days of the date on which it became due.

 

c).            Upon the receipt by the secretary of written notice of resignation. All fees, subscriptions and other monies due prior to the date of receipt of the notice of resignation shall remain due and payable.

 

d).           Upon the death of a member.

 

e).            Upon the event of any member, including an Honorary Life Member, being convicted of any offence and sentenced to imprisonment without the option of a fine or being convicted of any offence relating to cruelty towards or neglect of an animal.

 

f).            Upon the Member being disqualified or suspended by the Kennel Union of Southern Africa.

 

13.              Reprimand, Expulsion or Suspension of a Member.

 

a).           Whenever by majority vote of the whole number of its members the Committee is of the opinion that the behavior or conduct of a member has been harmful, prejudicial or injurious to the object, interests, good order or character of the Club or of the Kennel Union of Southern Africa, the Committee shall have power to;

 

                i).             Reprimand such member in writing.

 

ii).            Suspend such member from all privileges of membership for a period not exceeding six months in expulsion. A member who has been suspended shall not be entitled to the refund of any fees or subscriptions paid or due by him.

 

iii).           Expel such member who shall thereupon be debarred from all privileges of the Club.

 

b).           Before deciding to expel or suspend a member, such member shall be afforded full opportunity to explain his conduct to the Committee.

 

c).            A member who has been suspended or expelled shall have the right to appeal against his suspension or expulsion to the members of the Club in a Special General Meeting. Such appeal must be lodged within thirty days of the receipt of notification of such suspension or expulsion with the Chairman or Secretary who shall take immediate steps to convene the Special General Meeting. At this meeting the case against the member shall be put by one member of the Committee on behalf of the Committee and the member shall be given an equal opportunity to defend himself. To reverse the Committee’s decision will require two thirds majority of members with voting rights present.

 

14.              Subscriptions.

 

a).           Entrance fees and subscriptions payable by the various categories of members shall be determined from time to time by the committee and may include special subscriptions from members participating in training.

 

b).           Subscriptions shall be for one year from first September. Provided that for members joining on or after first April. The subscriptions shall be halved for that year only and shall be due on that date.

 

c).            Renewal subscriptions shall be due and payable on first September annually.

 

15.              Patrons, President and Honorary Vice-President.

 

a).           At each Annual General Meeting the members with voting rights may elect to invite such persons as they consider desirable to be :-

 

                i).             Patron.

                ii).            President.

                iii).           Honorary Vice-President.

 

All of whom shall hold office at the members’ pleasure.

 

b).           The President and Honorary Vice-President may take part in any General meeting of the Club and the President may also attend any meeting of the Committee and participate in the discussions thereat but these offices may not, per se, carry any entitlement to vote.

 

16.              Management Committee.

 

a).           The management and control of the Club shall be vested in a committee consisting of ten committee members all of whom shall be;

 

                i).             Members of the Club.

                ii).            Elected at an Annual General Meeting.

                iii).           Not less than twenty one years of age.

                iv).          Shall hold office as hereinafter provided.

 

b).           At its first meeting, which shall be held within seven days of the Annual General Meeting, at which it was elected, the Committee shall;

 

                i).             From amongst its numbers elect a Chairman and Vice-Chairman.

 

ii).            Not necessarily amongst its numbers, appoint an Honorary Secretary and an Honorary Treasurer, who may be one and the same person.

 

Terms of Office.

 

a).           The Committee elected at its first Annual General Meeting held under this constitution shall at its first meeting, determine by lot which members being one half of the total membership of the Committee, shall retire from office at the end of the next ensuing Annual General Meeting. Except for the Committee members thus chosen to serve for one year only, all Committee members shall be elected to serve for a term of two years. All Committee members upon conclusion of their term of office may offer themselves for re-election provided they remain eligible otherwise.

 

b).           The offices of Chairman, Vice-Chairman, Honorary Secretary and Honorary Treasurer shall be held from the date of appointment thereto until the close of the next Annual General Meeting.

 

Vacancy.

 

a).           A Committee Member’s seat shall fall vacant if such member;

 

                i).             Dies – from the date of his death,

 

                ii).            Resigns – from the date of such resignation,

 

iii).           Otherwise ceases to be a member of the Club – from the date his membership ceases,

iv).          Fails to attend three consecutive meetings of the committee without the permission of the committee – from the date following the date of the third meeting he has failed to attend.

 

b).           The Committee may appoint a member of the Club to fill any vacancy arising in terms of subsection (a) above and such member shall hold office for the remainder of the term of office of the committee member he has replaced.

 

17.         Powers of Committee.

 

a).           The committee shall have full power and authority to carry out the all or any of the objects of the Club save where such powers are expressly reserved for a General Meeting.

 

b).           In particular but without prejudice to this general authority, the Committee shall have power and authority;

 

                i).             To make, vary and repeal regulations for the better conduct of the Club,

 

ii).            To appoint such committees and sub-committees as may be found necessary for the efficient administration of the Club for any special purpose and to delegate thereunto such of its powers as it may deem desirable. Sub-committees shall report back to the Committee;

 

iii).           To supervise the investment of the funds and assets of the Club and the depositing of Club funds in a bank, building society or financial institution selected by it;

 

iv).          To ensure that all cheques and other negotiable instruments shall be signed by not less than two persons, one of whom shall be the Honorary Treasurer and the other an appointed member of the Committee who may not be the spouse or close relative of the Honorary Treasurer;

 

                v).           to control the sale and issue of the Club’s arms, badges and uniforms;

 

vi).          To take such disciplinary action in terms of this constitution as may be necessary;

vii).         To seek the view of members upon such matters by means of a questionnaire, referendum or ballot;

viii).        To perform all acts and deeds and do all things as are consistent with this constitution;

ix).          To seek interpretation from the Kennel Union of Southern Africa of any provision of this constitution and any rules and regulations made hereunder.

 

18.       Duties of Officers.

 

a).           Chairman and Vice-Chairman.

 

i).             It shall be the duty of the Chairman and Vice-Chairman to further the interests and prestige of the Club at all times and to ensure that the provisions of this constitution and any regulations framed hereunder are complied with and that all decisions of the Club in General Meeting and of the Committee are carried into effect.

 

ii).            The Chairman shall preside at all meetings of the Club and of the Committee, and in his absence the Vice-Chairman, if present, shall preside. If the Chairman and Vice-Chairman are both absent, the members present shall appoint from among their number, a member to preside at such a meeting and the person so appointed shall have and exercise the powers and functions which could have been exercised by the Chairman if present.

 

iii).           The Chairman or in his absence the Vice-Chairman shall, at the Annual General Meeting report on the activities of the Club during the past year.

 

b).           Honorary Secretary.

 

                It shall be the duty of the Honorary Secretary:-

 

i).             To attend all General Meetings of the Club and all meetings of the Committee and maintain a correct record of the proceedings and decisions taken thereat. In the event of the Honorary Secretary being unable to be present at any meeting he shall ensure that the minute books, correspondence, etc. required at the meeting are handed to the Chairman or some member of the Committee prior to the meeting. In such event the meeting shall nominate one of its members to act as secretary at the meeting.

 

ii).            Subject to the control of the Committee, to receive and conduct the correspondence of the Club.

 

                iii).           To ensure that all notices required by this constitution are properly given.

 

                iv).          To maintain up to date a register of members and their addresses.

 

                c).            Honorary Treasurer.

 

                                It shall be the duty of the Honorary Treasurer:-

 

i).             To attend all General Meetings of the Club and all meetings of the Committee. In the event of the Treasurer being unable to be present at any meeting, he shall ensure that the financial books and any financial statement or report required at the meeting are handed to the Chairman or a member of the Committee prior to the meeting. In such event it shall be the duty of the Honorary Secretary to inform the Honorary Treasurer of all decisions relating to financial matters taken at the meeting;

 

ii).            To maintain an up to date proper books of accounts reflecting the Club’s financial transactions and to reflect quarterly the financial position of the Club.

 

                                iii).           Subject to the control of the Committee, to administer the finances of the Club.

 

iv).          To collect and bank expeditiously all monies owing to the Club and to disburse monies due by the Club without undue delay.

 

v).           to keep the Committee informed at all times on the general financial position of the Club.

vi).          To prepare a report of the financial transactions of the past financial year for presentation at the Annual General Meeting .

 

                d).           Auditor.

 

i).             At each Annual General Meeting an auditor who may not necessarily be a member, but shall hold adequate experience to discharge his duties, shall be elected and he shall audit the books of accounts, verify the assets of the Club, audit the annual accounts and balance sheet and report thereon prior to the Annual General Meeting.

 

                                ii).            No member of the committee shall be eligible for appointment as auditor.

 

                e).            Other Officers.

 

The duties of any other officers appointed by the Club or the Committee shall be laid down by the appointing body.

 

19.              Financial Year.

 

a).           the financial year of the Club shall run from first September to thirty first August.

 

b).           no person other than a person acting within the limits of any authority conferred upon him by this Constitution or by the Committee shall have the authority to give receipt for money or otherwise to enter into contract or arrangement having the effect of imposing any liability on the Club or in any other way pledge the credit of the Club.

 

c).            the books or accounts to be kept by the Treasurer in terms of 10.c. of this Constitution shall be open at all time to the inspection of any member of the Committee.

 

20.              Meetings.

 

a).           The Annual General Meeting.

 

i).             The Annual General Meeting shall be held not later than three months after the close of the Club’s financial year on a date and at a time and place to be determined by the Committee.

 

ii).            It shall be competent for any member to request that an item other than a proposal to amend, alter or add to the Constitution, be placed on the agenda provided that such request is in the hands of the Honorary Secretary not later than fourteen days prior to the date of the meeting.

 

iii).           Notice stating the date, time and place of the Annual General Meeting, and including any proposal to amend the Constitution shall be posted to all members not less than thirty days before the date of such meeting.

 

iv).          The agenda for such meeting, which shall include the following items, shall be posted to all members not less than ten days before the date of such meeting:-

 

                a).           Notice convening the meeting.

b).           Minutes of previous Annual General Meeting and of any Special General Meeting held since then.

                c).            Matters arising from the foregoing minutes.

                d).           Chairman’s report for the year.

e).            Honorary Treasurer’s report and audited balance sheet and income and expenditure account for the year.

f).            Motions for the amendment of the Constitution as advised in the notice convening the meeting.

                g).            Matters submitted by the Committee.

                h).           Matters submitted by members.

i).             Election of officers and Committee including the appointment of an auditor.

 

                No matter which does not appear on the agenda, may be discussed as part of the business of the meeting.

 

                b).           Special General Meeting.

 

                                i).             Special General Meetings shall be called :-

 

                                                a).           by direction of the Committee.

 

                                                b).           when required to consider any matter in terms of this Constitution.

 

c).            on a requisition (stating clearly in detail the purpose of the meeting) signed by not less than ten members.

 

ii).            Notice stating the date, time and place of such meeting and setting out the business to be transacted thereat shall be posted to each member not less than thirty days prior to the date of such meeting.

iii).           A Special General Meeting required or requisitioned in terms of subsection (i) or (c) above, shall be convened within six weeks of the receipt by the Honorary Secretary of such requisition or of the information making such Special General Meeting necessary.

 

iv).          No business except that stated in the notice convening the meeting shall be transacted at any Special General Meeting.

 

                c).            Committee Meetings.

 

i).             The Committee shall meet for the dispatch of business as often as is necessary but not less than once every two months, provided that the Secretary shall convene a meeting of the Committee, immediately on receipt of a written request signed by at least five members of the Committee and setting out in full the purpose of the meeting.

 

                                ii).            Not less than seven days notice of all meetings of the Committee shall be given.

 

                d).           Non Receipt of Notices.

 

The non receipt by a member of a notice convening any meeting of the Club or Committee shall not vitiate the proceedings of such meeting.

 

21.              Quorum at Meetings.

 

a).           Except where elsewhere provided, the quorum at any:

 

i).             Annual or Special General Meeting shall be twelve (12) members with voting rights.

                ii).            Committee Meetings – one half of the full Committee.

 

b).           If at the expiration of twenty minutes after the scheduled time of commencement of the meeting, a quorum is not present, the meeting shall stand adjourned for thirty minutes, and then those present shall constitute a quorum.

 

22.              Voting.

 

a).           At all General Meetings of the Club every member vested with a vote in terms of section 10 shall be entitled to one vote. Matters before such meetings shall be decided by a simple majority of the votes of those present and voting except where a specific majority is required in terms of this Constitution or unless three or more voting members demand that such voting be conducted by ballot. If a ballot is demanded it shall be by a secret vote. The result of the ballot shall be deemed to be a decision of the meeting at which the ballot was requested.

 

b).           At Committee Meetings each committee member shall have one vote. Matters before the Committee shall be decided upon by a simple majority of the votes of those present and voting except where a specific majority is required in terms of this constitution.

 

c).            At all meetings of the Club or the Club Committee, the Chairman of the meeting shall, in the event of an equal number of votes cast for and against a motion, have a casting vote in addition to his deliberate vote.

 

23.              Amendment of the Constitution.

 

a).           No alteration, amendment or addition to this Constitution shall :-

 

i).             be made except at an Annual or Special General Meeting properly convened and then only if not less than two thirds of the members with voting rights who are present, vote in favour thereof.

 

ii).            become effective until it has been approved by the federal council of the Kennel Union of Southern Africa.

 

b).           A proposal to alter, amend or add tom this Constitution may be submitted only :-

 

                i).             By the Committee, or

 

ii).            By a requisition signed by not less than ten members addressed to the Honorary Secretary.

 

c).            Notwithstanding section (b) above, any member with voting rights may propose an amendment, alteration or addition to this Constitution by submitting such proposal in writing and fully motivated by the Honorary Secretary, who shall lay such proposal before the next meeting of the Committee. The Committee shall have discretion to determine whether or not the proposal will be submitted to a General Meeting.

 

24.              Dissolution of the Club.

 

a).           Subject to Article 9. (4). of the Constitution of the Kennel Union of Southern Africa, any proposal to dissolve the Club only be considered at a Special General Meeting convened to the purpose, and then only in terms of this section.

 

b).           No proposal to dissolve the Club shall be considered unless there are present not less than two thirds of the members with voting rights of the Club at the time of such proposal, of whom not less than three quarters vote in favour or such proposal.

 

c).            immediately a decision to dissolve the Club has been carefully taken in terms of this section, the committee shall forthwith liquidate the affairs of the Club if there is any surplus of assets on realisation, such surplus shall be disposed of to another body or bodies of similar interests in the manner prescribed by the Special General Meeting at which the decision to dissolve the Club was taken. Should there be no effective membership or Committee, The Federal Council of the Kennel Union of Southern Africa shall appoint a person to liquidate the Club’s affairs and The Federal Council shall determine the allocation of any surplus assets.

 

d).           A proposal to merge with any other Club affiliated to the Kennel Union of Southern Africa shall be dealt with in the same manner as a proposal to dissolve the Club and the terms of such merger shall be approved at the Special General Meeting convened to consider the proposal to merge.

 

e).            Any trophies in the possession of a Club being dissolved shall be disposed of at the direction of the Federal Council of the Kennel Union of Southern Africa. (Note: It is the policy of the Federal Council to dispose of trophies in the above circumstances in collaboration with the wishes of the donors where these can be obtained).

 

 

APPROVED: June 1987.

 

EFFECTIVE: 1ST January, 1988.

 

 

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