NORTHERN KZN SWIMMING

 

CONSTITUTION

(As adopted at the annual general meeting held in Vryheid on 20 July 1986 and amended at special general meetings held in Vryheid on 4 August 1991, 22 April 1995 and 24 June 2001)

PREAMBLE:

 

Whenever in these laws the letters N.N.S. and the word Association appears, they shall mean Northern Natal Swimming. Words importing the masculine gender shall include the feminine. Words of plural shall include the singular and words of singular shall include the plural.

RULES:

TITLE AND COLOURS

 

1.      The association shall be called NORTHERN NATAL SWIMMING (hereinafter referred to as the Association) and its members, jointly and severally, (including inter alia individual members of Northern Natal Swimming, all the member clubs or the like) agree that they are bound by the provisions of the constitutions, bye-laws and any other rulings of FINA, Swimming South Africa or any other body having control over the recognised Aquatic disciplines in the Republic of South Africa, and agree to abide thereby.

 

2.      The colours of the Association shall be Navy Blue, Orange and Red and the badge shall be a Malachite Kingfisher standing on a twig. The wording on the Badge representing Northern Natal shall be as council may approve from time to time.

OBJECTS

 

3.      The objects of the Association shall be:

 

a)     To promote and encourage swimming, diving, water polo and synchronised swimming in the area of it's jurisdiction and to ensure that the Association and it's affiliates do not participate discrimination on the grounds of Race, Religion of Political Affiliation.

b)    To promote the formation of clubs in connection therewith.

c)     To promote and control, within it's jurisdiction, championships and competitions in swimming, diving, water polo and synchronised swimming.

d)    To act as a board of appeal and tribunal in all matters concerning swimming, diving, water polo and synchronised swimming and to this end to adjudicate upon any matter referred to it by affiliated Associations, Clubs or their members concerning:

i)                     The meaning of or interpretation of the laws connected therewith;

ii)                   Any matter or practice or procedure;

iii)                  Any Rule, Bye-law, Regulation or condition; and

iv)                 Any matters or practice, policy, misconduct or complaint that it may hold to be within the jurisdiction of the Association.

e)     To act as a board of control for all clubs and bodies under it's jurisdiction and to make Byelaws as may be considered necessary.

f)      To represent the swimmers, divers, water polo players and synchronised swimmers of Northern Natal at all meetings of Swimming South Africa.

g)    To stimulate public opinion, by all possible means, so as to influence public authorities to provide swimming pools, diving, water polo and synchronised swimming facilities in accordance with the standards as laid down from time to time by Swimming South Africa and F.I.N.A.

JURISDICTION

 

4.      The portion of Kwa-Zulu Natal north of the Tugela River together with the Magisterial district of Harrismith

MEMBERSHIP

 

5.1    a)   The membership of the Association shall consist of;

 

i)                     Ordinary members being;

ii)                   All District Associations.

iii)                  Clubs that are not affiliated to such associations.

iv)                 Any other body who may be acceptable as a member.

 

          b)      ASSOCIATE MEMBERS

          Northern Natal Swimming in General Meeting may admit other swimming organisations as associate members. Associate members shall be entitled to ONE (1) Representative who may attend meetings of the Association and enter into discussions of matters relevant to the affairs of such Associate members, but shall have no vote at such meetings.

 

5.2         APPLICATION FOR MEMBERSHIP

a)     All clubs having as one of their principle aims the fostering of the whole or any of the arts mentioned in Object 3 (a) within the Northern Natal area shall be eligible;

b)    All applications for ordinary and associated membership of the Association shall be made in writing and must be accompanied by a fee of one year's subscription and an entrance fee of R20-00 (which shall be refunded if the application is not approved), together with a copy of the constitution and rules of the applicant and any other information that the Association may require;

c)     Such application shall be considered at an annual or special General meeting of the Association and may be accepted only if passed by a two-thirds majority of those present and entitled to vote.

 

6.      District Associations shall fix their own area of jurisdiction, SUBJECT to the approval of the Association.

 

7.      Clubs affiliated to a District Association shall automatically be admitted to membership, through such District Association.

 

8.      Clubs situated within the area of jurisdiction of District Association can only affiliate through the District Association. Clubs not situate within the area of jurisdiction of any District Association, shall be entitled to affiliate direct to the Association, or to the nearest District Association, subject to the approval of the Association.

 

9.      Every District Association applying for affiliation to the Association shall furnish the Association with a copy of its constitution and/or rules and afford such information as the Association may require. The amount of one year's subscription as hereinafter set out shall accompany any application for affiliation, which shall be returned if the application is not successful. The Association may at its sole discretion, and without giving any reasons, refuse any application for affiliation.

 

10.    All swimming, diving, water polo, synchronised swimming and lifesaving clubs, and any branches of the South African Life Saving Society and any branch of the armed services are eligible for affiliation.

 

11.    The Annual Membership shall be as follows:

 

a)     Each affiliated District Association shall pay a subscription of NOT LESS THAN thirty Rand (R30-00) and not less than one Rand (R1-00) for each Surf Lifesaving Club;

b)    Each Affiliated Club shall pay a subscription of NOT LESS THAN ten Rand (R10-00) per 100 members or part thereof.

c)     Each Associate Member shall pay a subscription of NOT LESS THAN ten Rand (10-00)

d)    Clubs affiliated shall pay a subscription of NOT LESS THAN twenty Rand (R20-00) per 100 members or part thereof.

 

12.    The above subscriptions shall be payable in advance on or before 31 October in each year, and in the event of the subscription being unpaid, all rights and privileges may be suspended until the subscription is paid.

REGISTRATION OF MEMBERS

 

13.    a)                Registration of all club members and officials shall be effected by all Clubs, excluding Universities, Surf Lifesaving Clubs, Schools Associations and Armed Services, with the SECRETARY and the GALA SECRETARY/RECORDS OFFICER of N.N.S. for such season and such registrations shall be on the forms approved by Council from time to time. The season shall commence on the 1ST DAY OF MAY in each year and terminate on the 30th DAY OF APRIL the following year. Club affiliation fees must accompany the registration of swimmers. Water polo team entries are to be paid prior to the teams being permitted to play in leagues.

b)       In respect of all registered club members there shall be paid a registration fee of NOT LESS THAN nine Rand (R9-00) in respect of all members and these amounts shall be paid when registration forms are sent in.

c)       In addition to the registration fee payable under clause (b) hereof there shall be paid a Swimming South Africa per capita levy of NOT LESS THAN six Rand (R6-00) per registered member, and the Council shall have the right to increase this levy in accordance with any per capita levy made by S.S.A. from time to time.

d)       Members registered with SSA shall re-register prior to the 15 day of October in each year.

e)       All capitation leveis for individual members officiating or participating in an event at any level must have been received by NNS not later that fourteen (14) days prior to that event.

f)        Supplementary registrations and levies in terms of clauses (a), (b) and (c) hereof for members joining after 31 October in any season shall be submitted not later that fourteen (14) days proir to participation in any compitition.

g)       The council may increase the levy in respect of any class of member as required.

h)       A District Association shall have the right to collect from the clubs affiliated to such Association such funds as it may require for it's administration.

 

14.       In any open Gala, Match or Competition held under S.S.A or N.N.S rules no unregistered swimmer, diver, water polo player or synchronised swimmer may compete. (Affiliated Clubs may hold races in which unregistered swimmers take part, provided that such races are confined to Inter-school, Inter-varsity, armed services and Lifesaving Clubs.

 

14.1  A District Association or Club may organise unofficial galas at which unregistered members may be allowed to take part, provided such galas have been approved by Council.

 

15.    Clauses 13 and 14 shall not apply to the Armed services, University students, scholars, Scouts, Guides or members of the Surf Lifesaving Clubs who participate solely in service, University, School Scout, Guide or Surf Lifesaving events.

 

16.                ADMINISTRATION

 

16.1  The Management of the Association shall be vested in a Council consisting of:-

 

a)     The President, Vice President, Secretary, Treasurer, Gala Secretary/Records Officer, Aquatic Advancement Officer, Technical Director, two representative members from each District Association and one representative member from each club provided that the President shall be from one District Association and the Vice President shall be from another; and

b)    One delegate form the Northern Natal Swimming Board;

c)     One delegate from the Northern Natal Diving Board;

d)    One delegate from the Northern Natal Water Polo Board;

e)     One delegate from the Northern Natal Synchronised Swimming Board;

f)      One delegate representing clubs affiliated direct;

g)    One delegate from each Schools Association within the jurisdiction of the province;

h)    One Media Liaison Officer

i)      One representative from the Coaches Association;

 (The aforesaid officials shall constitute a body known as the Council and referred to in this constitution as such)

 

16.2  It shall be lawful for the same person to hold the posts of Secretary and Treasurer, in which case an additional member shall be added to the council. It shall not be permitted for the same person to hold more that two posts simultaneously.

 

17.    The members of the council shall hold office and act until the completion of the Annual General Meeting following that at which they were elected. The Council shall, however, have the power to fill any vacancy in Council membership.

 

18.    The Council shall meet regularly at least once a quarter to transact the business of the Association. At all Council meetings, five members shall form a quorum and the chairman shall have a casting vote as well as a deliberative one. Ten (10) days notice, in writing, of such meeting shall be given to council members unless all members shall waive such notice.

 

19.    The executive of the Association shall consist of the President, Vice President, Secretary, Treasurer and Gala Secretary/Records Officer. At meetings of the executive three shall form a quorum and the chairman shall have a casting as well as a deliberative vote. Whenever the post Secretary and Treasurer are held by the same person, Council shall nominate another member as the Fifth member of the executive.

 

20.    In all cases of emergency the executive shall have the power to act, reporting the business to the first meeting of the Council held thereafter, provided that the executive shall not be empowered to settle matters that are in the nature of appeal to the Association in terms of rule 3(d) hereof or take any disciplinary action except suspension pending investigation.

 

21.    The Council shall have the powers to deal with all cases of misconduct and is empowered to expel, suspend or fine any member or Club of the Association for misconduct. Misconduct shall include;

 

a)     Any press, radio or television statement by a member of a selected Northern Natal Team, or a Northern Natal Selector criticising any Northern Natal team selected, the selection of any member thereof, the policy of such selection or the policy of any selection committee.

b)    Any unauthorised press, radio or television statement.

 

22.    Meeting of the Council shall be convened on a requisition signed by four members of the Council. Such requisition shall state the motion/s which the meeting is required to discuss and these will become the sole agenda for the meeting.

 

23.

 

23.1  The Council shall at all times be empowered to appoint Sub-committees to carry out any specific duties.

 

23.2  The Swim Board together with the Senior Gala Officials from any District Association shall form the Tournament Committee for any Provincial Tournaments being held in that district.

OFFICIALS, COMMITTEES AND BOARDS

 

24.    The following Officials, Committees and Boards shall be elected at the Annual General Meeting hereinafter referred to;

 

a)     President

b)    Vice President

c)     Treasurer

d)    Secretary

e)     Gala Secretary/Records Officer

f)      Aquatic Advancement Officer

g)    Technical Director

h)    Two members from Zululand District

i)      Two members from Northern District

j)      One member from each club

k)     Auditor

l)      Swimming Board of 5 members

m)   Diving Board of 5 members

n)    Water Polo Control Board of 5 members

o)    Synchronised Swimming Board of 5 members

p)    Media Liaison Officer

q)    Coaches Association - 1 member

 

The Annual General Meeting may elect Honorary Patrons of the Association.

 

The District Associations shall submit a rota of competent and recognised Senior Officials for approval to the Annual General Meeting. A minimum of three of these approved officials shall act at all Northern Natal Championships and at Association Galas.

 

The President shall be ex officio a member of all Boards. If the President is unable to attend a Board meeting, he may delegate a member of the Council to attend such a meeting. The President or his delegate has the power to vote at such Board meeting.

 

25.    The nominations of Officials to be appointed at the Annual General Meeting as set out in clause 24 hereof shall be submitted to the Secretary, in writing, at least FOURTEEN (14) days prior to the Annual General Meeting, which nomination shall be circulated to the affiliate Associations and/or Clubs at least SEVEN (7) days prior to the Annual General Meeting. The person so nominated shall sign the letter of nomination indicating his acceptance of such nomination. Should insufficient nominations be received in writing the President or chairman of the meeting may permit nominations to be moved from the floor.

ANNUAL AND SPECIAL GENERAL MEETINGS

 

26.    The Association's Financial Year shall extend from the 1st day of May to the 30th day of April the following year.

 

27.    The Annual General Meeting shall be held on a date to be determined by Council, but not later that the 31st day of May, and Twenty one (21) days notice of the meeting shall be given to each Club and affiliate Association.

 

28.    At the Annual General Meeting the President's report and Financial Statement for the previous year, duly audited by auditors shall be submitted, and officers set out in Rule 24 shall be elected for the ensuing year, and notices of motion shall be considered. All notices of motion must be delivered in writing to the Secretary of the Association at least fourteen (14) days before the Annual General Meeting.

 

29.    A Special General Meeting may be summoned at any time by the Council, or shall be summoned by the Secretary on receipt of a requisition signed by two or more clubs or a District Association. In the latter case the meeting must be held within twenty eight (28) days of receipt of the requisition, and fourteen (14) days notice in writing of the meeting shall be given. The requisition must state the object of the meeting which shall become the Agenda of the meeting.

 

30.    At the Annual and at any Special General Meeting each District shall be represented by two (2) delegates and each Club shall be represented by two (2) delegates. Such delegates shall be members of such Association and/or Club. All delegates and members of Council shall be entitled to vote. The Chairman shall have a casting as well as a deliberative vote. The quorum at a General Meeting shall be ten (10) members present and entitled to vote.

Notwithstanding anything contained in this clause, a Club and/or District Association may be represented at a General Meeting by proxy who shall be authorised in writing and who shall be a registered member of the Association. Each proxy shall carry the same number of votes as the principal granting the same would be entitled to cast if personally represented.

APPEALS AND COMMUNICATION WITH THE ASSOCIATION:

 

31.    The Court of appeal shall consist of the Council of the Association provided that if any member of the Council having a direct interest in the appeal shall not be entitled to vote on the question of the issue.

 

32.    Any Club affiliated to a District Association or any member of such Club may appeal to the Board of Appeal only after the case has been determined by the District Association. The appeal shall be lodged with the Secretary of the District Association within fourteen (14) days of the determination of the case by the District Association who shall forthwith transmit such appeal to the Secretary of the Board of Appeal. In case of a directly affiliated Club the foregoing provisions of the rule shall apply mutatis mutandis to such affiliated Club.

 

The Appellant shall deposit the sum of R50-00 when lodging his appeal with the Secretary of the District Association or with the Secretary of the directly affiliated Club, as the case may be, which deposit shall be forwarded to the secretary of the Board of Appeal and which deposit may be forfeited at the sole discretion of the Board of Appeal. The Board of Appeal shall not be required to give reasons for it's decision.

LAWS GOVERNING THE SPORT:

 

33.    The laws governing the sport as laid down by F.I.N.A. as adopted and/or amended by S.S.A. shall govern all aspects of Swimming, Diving, Water Polo and Synchronised Swimming under jurisdiction of the Association.

GENERAL

 

34.    Northern Natal Championships shall be an 'open' championship. However should a title be won by a competitor from another centre the trophy for the event shall not be awarded to that competitor but shall be awarded to the first Northern Natal competitor in that championship.

Visiting competitors and teams may take part in competitions, matches and tournaments in Northern Natal provided that the necessary clearance has been obtained from the province concerned.

 

35.    a)   No member of a Club or an affiliated Club shall be entitled to take part in any invitation event or other event outside the jurisdiction of the Association without having first obtained the consent of the Council. (It shall be accepted that the consent of Council has been given in respect of any event published as part of the swimming programme in the official handbook of the Association.)

         b)   No member or Club under the jurisdiction of the Association shall invite individual members of Clubs from outside the province to compete in the area of jurisdiction of the Association without first obtaining the consent of the Council. The provision of this rule shall not apply to the School's Associations.

 

36.    No members of an affiliated Club of the same branch of the sport, other that an Official, shall be allowed to join other Clubs unless he produces a Certificate from his previous Club to the effect that he is in good financial standing.

RULES AND ALTERATIONS

 

37.    No alteration, deletion or addition to the constitution shall be made except at a Special General Meeting called for this purpose provided that no such alterations, deletion or addition shall be effective unless with the sanction of at least two-thirds of those present and entitled to vote.

 

38.    Notice, in writing, shall be given to the Secretary of any proposed amendment to the constitution, setting forth, in full, such amendment/s. The proposed amendment/s shall become the only item on the agenda of the meeting. The meeting shall be called within twenty eight (28) days of receipt of the Notice and all Clubs, Affiliated Associations and Council Members shall be notified, in writing, at least fourteen days before the date set down for the meeting.

 

39.    Bye-Laws promulgated by the Association may be rescinded, altered or amended by Council provided such amendment is included in the notice of meeting at which such amendments are proposed.

LEGAL PROCEEDINGS

 

40.     The Association is a Universitas and may sue and/or be sued in it's own name. Any Power of Attorney required and any legal proceedings shall be signed by any two (2) members of the Executive.

WINDING UP

 

41.     If upon winding up or dissolution of the Association there remain, after satisfaction of all debts and liabilities, any assets whatsoever, the same shall not be paid to or distributed among the members of the Association, but shall be donated or transferred to Swimming South Africa.