WCSS _ MODEL CONSTITUTION

NPO Registration no. 281 – 169

904 Buitekant street _ Hopefield  _ Western Cape  7355.  

Email: –admin@wcsportssolutions.co.za     Cell: – 067 074 5040

  • The organization herby constituted will be called

 WEST COAST SPORTS SOLUTIONS

  • Its shortened name will be WCSS (Hereinafter referred to as the organization.)
  • BODY CORPARATE

The organization shall:

* Exist in its own right, separately from its members

* Continue to exist when its membership changes and there are different office bearers.

* Be able to own property and other positions.

* Be able to sue and be sued in its own name.

4. OBJECTIVES

  1. The primary objectives of the organization are to:
  1. Advance Sports Development:

Foster the growth of sports through effective athlete management, the organization of sports events, and fundraising efforts aimed at supporting the development of athletes, particularly those from disadvantaged backgrounds and underrepresented sporting disciplines.

  1. Enhance Athletic Growth:

Provide coaching support and strategically place athletes in tournaments to facilitate their growth. The organization also seeks to nurture emerging sporting talent by securing funding and resources from various partners and organizations.

    3. Support Educational Improvement:

Recognize that participation in sports can positively impact educational achievement. Therefore, the organization aims to contribute to educational development by supporting after-school online revision classes, where students can receive assistance from qualified teachers.

  1. Collaborate with Key Stakeholders:

Engage with sports clubs, non-governmental organizations (NGOs), national sport bodies, schools, kindergartens, and faith-based or community organizations to promote and develop youth and children’s sports programs, especially for those facing financial hardships.

5. Facilitate Athlete Empowerment:

Committed to aiding athletes in achieving their aspirations, the organization will focus on securing sponsorships and organizing crowdfunding initiatives to provide financial support and empower athletes to reach their full potential.

  1. The secondary objectives of the organization are to:
  2. Support Community Programs:

Collaborate with community organizations to enhance recreational programs for the elderly and disabled. Additionally, provide support to underprivileged school leavers by supplying essential items such as clothing and footwear, with the goal of facilitating their return to education wherever possible.

3) Impact Regional Youth Sports:

Make a significant difference in the lives of young athletes across the Cederberg, Matzikama, Bergrivier, Swartland, and West Coast Municipality regions, by focusing efforts on improving opportunities and resources for sporting development in these areas.

4)  Governing Structure and Mechanism of Governance

4.1 The office Bearers will oversee the organization, who will be made up by five members. They will be the Board of governance of the organization.

4.2 Term of office;

Office Bearers will serve for a period of three years, which has been agreed to by the general membership at a AGM, and witch shall not exceed three years.  They can however, stand for re-election for re-election for another term in office again and again after that, for so long as their service are needed and they are ready to give their services.

4.3 Vacancies:

The office Bearers must, as soon as reasonably possible, appoint someone to fill any vacancy that reduced the amount of Office Bearers.

4.4 Resignation:

An Office Bearer may resign from office in writing.

4.5 Disqualification or removal:

If an Office Bearer does not attend two meetings in a row, without having applied for and obtaining leave of absence from the Board, then the Board will find a new member to take the person’s place.

5)  POWERS OF THE ORGANITATION

5.1 The Board shall carry out the powers on behalf of the organization and they shall manage the affairs of the organization in accordance with the resolutions of the members, as shall be taken from time to time at General Meetings of the organization.

5.2 The Board is responsible for making decision, and acting on such decisions, which it believes it needs to make in order to achieve the objectives of the members or be against the law of the Republic of South Africa.

5.3 The Board shall have the general powers and authority to: –

5.3.1 Raise funds or to invite and receive contributions.

5.3.2 Buy, hire or exchange for any property that it needs to achieve its objectives.

5.3 3 Make by – laws for proper governance and management of the organizations.

5.3 4 Form sub – committees as and when it is necessary for proper functioning of   the organization.

5.4 If the Board thinks it is necessary, then it can decide to set up one or more sub – committees. It may decide to do this to get some work done quickly. Or it may want a sub – committee to do an inquiry, for example.

5.5 The Board may delegate any of its powers or functions to a sub – committee that: –

 5.5 1 Such delegation and conditions are reflected in the minutes for a meeting.

5.5 2 At least one Office Bearer serves in the sub-committee.

5.5 3 There are three or more people on a sub-committee.

5.5 4 The sub – committee must regularity report back to the Board on its activities.

5.6 The Board must in advance approve all expenditure incurred by the sub – committee, and may revoke the delegation or amend the conditions of the delegation.

6. MEETINGS

6.1 ANNUAL GENERAL MEETINGS (AGM

6.1.1 Attendance: All stakeholders are required to attend the Annual General Meeting (AGM).

6.1.2 Purpose: The AGM serves to:

– Report on the year’s achievements and activities.

– Propose changes to the constitution.

– Discuss and decide on organizational policies.

6.1.3 Timing: The AGM must be held annually, towards the end of the financial year.

6.1.4 Agenda Items: The AGM should cover:

– Approval of the agenda.

– Attendance and apologies.

– Confirmation of previous meeting minutes and matters arising.

– Chairperson’s report.

– Treasurer’s report.

– Proposed constitutional amendments.

– Election of new Office Bearers.

– General business.

– Meeting closure.

6.2 SPECIAL GENERAL MEETINGS (SGM)**

6.2.1 Purpose: SGMs address urgent issues that cannot wait until the next regular meeting.

6.2.2 Calling a Meeting: SGMs may be convened by the Board or by at least one-third of the members.

6.2.3 Types: SGMs can be similar to AGMs or other regular meetings, depending on the agenda.

6.3 ORDINARY MEETINGS

6.3.1 Frequency: Ordinary meetings are held quarterly to address routine business.

6.3.2 Board Meetings:  The Board must meet at least quarterly, or as needed, to conduct Board-specific business.

6.4 NOTICE OF MEETINGS

6.4.1 Meeting Convening: The Chairperson shall schedule meetings, with the Secretary providing notice to all Board members at least seven (7) days prior to the meeting.

6.4.2 Annual and Special General Meetings: For Annual General Meetings (AGMs) or Special General Meetings (SGMs), all members must be notified at least fourteen (14) days in advance.

6.4.3 Notice Delivery: Notices must be sent to members in writing, either personally, by post, or electronically, using the contact details provided.

6.4.4 Content of Notice: Notices must state the purpose of the meeting and outline the agenda items.

6.4.5 Receipt of Notice: Notices sent to the latest known contact details will be considered duly served unless proven otherwise.

6.4.6 Attendance Assumption: Members attending a meeting in person are deemed to have received notice of the meeting.

6.5 Quorums

6.4. 7 Quorums for all meetings of the organization shall be a simple majority. (50% + 1) of relevant members who are expected to attend.

6.4. 8 However, for the purpose of considering changes to this constitution, or the dissolution of the organization, then two thirds of the members shall be present at a meeting to make a quorum before a decision to change the constitution is taken.

6.4. 9 All meetings of the organization must reach a quorum before the can start.

6.4. 10 If, however a quorum is not present within fifteen minutes of the appointed time of the meeting, the meeting must be adjourned or postponed to another date, within fourteen days thereafter.

6.4. 11 If no quorum is present at the reconvened meeting within fourteen minutes of the appointed time, the members present shall be regarded to make up a quorum for that meeting and the meeting will continue as if a quorum is present.

6.6 Procedures at Meetings

6.4. 12 The Board may regulate its meetings and proceedings as it deems fit, subject to the following: –

* That the Chairperson shall chair all meetings of the organization, including that of the Board.

* That, if the Chairperson is not present, the Vice – Chairperson shall chair such meeting. In the event both are absent, the Board members present at the meeting shall elect a chairperson for that meeting.

6.7 MAKING DECISIONS IN MEETINGS

6.7.1 Decision-Making Process: Decisions should ideally be made by consensus. If consensus is not reached, options will be discussed before a vote is called.

6.7.2 Voting: All votes will be counted, and the majority decision will prevail. In the event of a tie, the Chairperson will cast the deciding vote.

6.7.3 Abiding by Decisions: All members must adhere to the majority decision.

6.7.4 Constitutional Changes and Dissolution: Amendments to the constitution or decisions regarding dissolution will be governed by clauses 9 and 10 of this constitution.

6.8 RECORDS OF MEETINGS

6.8.1 Minutes and Attendance: Accurate minutes and attendance records must be kept for all meetings.

6.8.2 Approval of Minutes: Minutes must be confirmed as a true record at the next Board or general meeting and signed by the Chairperson.

6.8.3 Record Keeping: Approved minutes must be securely stored and made available to members upon request.

  1. INCOME AND PROPERTY

7.1 Record Keeping: The organization shall maintain accurate records of all its assets and property.

7.2 Restrictions on Disbursements: The organization may not distribute its funds or property to its members or Board members, except for reasonable compensation for services rendered to the organization. Such payments must be commensurate with the work performed.

7.3 Reimbursement of Expenses: Members or Board members may be reimbursed for expenses incurred on behalf of the organization only if such expenses have been authorized in advance.

7.4 Ownership Rights: Members and Board members do not possess any ownership rights to the organization’s assets or property.

  1. FINANCES AND REPORTS

8.1 Bank Account: The Board shall open a bank account in the organization’s name at a registered bank.

8.2 Signing Authority:  Cheques and other documents requiring signatures must be signed by at least three individuals authorized by the Board. For withdrawals, the Chairperson and two Board members must sign. When using a bank card, the Vice Treasurer and Chairperson must receive notifications (via SMS or WhatsApp) of all transactions.

8.3 Financial Year: The organization’s financial year shall end on March 31 each year.

8.4 Financial Reporting: The Board shall ensure accurate records are maintained. Within six months of the financial year-end, an independent registered Accounting Officer shall compile a financial report confirming consistency with the organization’s accounting policies and practices.

8.5 Treasurer’s Responsibilities: The Treasurer is responsible for safeguarding and accounting for the organization’s funds.

8.6 Regular Reporting: The Treasurer must provide the Board with regular financial reports, detailing income, expenditures, and account balances in accordance with the organization’s accounting practices.

8.7 Investment of Funds: Funds may be invested only with registered financial institutions as per the Financial Institutions (Investment of Funds) Act, 1984, or its amendments, or in securities listed on a licensed stock exchange under the Stock Exchange Control Act, 1985, or its amendments. The organization may seek advice from various banks to determine the best investment options.

9. QUORUM

9.1 Quorum Requirements: A quorum for considering constitutional amendments requires two-thirds of the total membership. Decisions on amendments are valid only if this quorum is present. The motion to amend the constitution can be proposed at any Annual General Meeting (AGM) or Special General Meeting (SGM), provided the proposed changes are detailed in the meeting notice as specified in clause

9.2 Notice of Proposed Amendments: As per clause 6, written notice of proposed amendments must be sent to all members at least fourteen (14) days before the meeting where the amendments will be discussed. The notice must clearly outline the proposed changes.

9.3 Restrictions on Amendments: Amendments that would result in the dissolution or cessation of the organization’s operations are not permitted.

10 DISSOLUTION / CLOSING DOWN

10.1 The organization may dissolve or close down if at least two thirds of the members present and voting at a meeting convened for the purpose of considering such matter, are in favor of closing down.

10.2 When the organization closes down, it has to pay off all its debts. After doing this, if there is property or money left over, it should not be paid or given to members of the organization. It should be given in some way to another non-profit organization that has similar objectives. The organization’s general meeting can be deciding what organization this should be.

This constitution’s content was changed and was approved and accepted by members of _

WEST COAST SPORTS SOLUTIONS at a special (general) meeting held on 03/08/2024

 

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