NAME AND LEGAL STANDING
1. a) The name of the Club is the Southern Cape Old Car Club. It shall be a legal entity and persona in law having an existence distinct from its members. The Club shall have all the powers, rights, and privileges which are normally applicable to legal entities and shall be liable in law.
b) The liability of each member shall be limited to the extent of the member's unpaid subscription.
OBJECTIVES
2. The objectives of the Club are: -
a) To assist in the acquisition, preservation, exhibition, maintenance and use of Veteran and Vintage motor vehicles manufactured at least 20 years ago, and other vehicles deemed by the Committee to be worthy of preservation.
b) To promote and assist in the promotion of competitions, trials and other events in which such vehicles participate.
c) To provide Club premises and a library for the preservation of historical records and to facilitate the exchange of information among members with the purpose of furthering the common interest and social intercourse between all persons and countries who prize the memory of the early struggles and achievements of the Motor Industry.
d) To investigate the feasibility of establishing a museum for the display and trading of motorised vehicles and associated items.
INTERPRETATION
3. a) In the constitution the masculine shall be deemed to include the feminine, when the context admits.
b) A Member means a member of the Club whose application for membership has been approved by the Committee, whose subscription is not more than three months in arrear and who has not been suspended or expelled in terms of the constitution.
MEMBERSHIP
4. a) Any person who subscribes to the objectives of the Club may apply for membership on submitting an application form prescribed by the Committee who may by resolution elect him to membership or reject the application in their absolute discretion and without being obliged to give any reason for rejection.
b) On the election of a new member, the Secretary shall notify him of his election. Payment of subscription shall be a distinct acknowledgement on the part of any member that he is bound by the Constitution of the Club.
c) A copy of the Constitution is available on request.
5. a) A member may be elected by the Chairman into one of the following classes:-
i) Full member
ii) Country member (i.e. living outside a radius of 250 kilometres from George)
iii) Junior member (Rule 6b)
iv) Honorary member (Rule 6c)
b) Only full members and Country members shall be entitled to vote at General Meetings. All members must be paid-up.
c) A Member wishing to transfer from one class of membership to another shall notify the Secretary in writing, and enclose any additional entrance fee and subscription and the Secretary may record the transfer forthwith, or refer the matter to the Committee for decision.
6. a) Wives or husbands of Full members are recognised as members and are not liable for fees and subscriptions.
b) Junior members are those under the age of 18 years. At 18 years of age a Junior member shall cease to be such, and transfer to Full membership.
c) Persons who have rendered notable service to the Club may be elected by the Committee as Honorary Members.
d) The position of Patron shall be the highest honour the Club can offer. Appointments to it may be made by a General Meeting on the recommendation of the Committee.
e) The Committee may appoint a Club President but such office shall be subject to the person being a Full Member of, or having rendered notable service to, the Club and any such appointment shall be confirmed by members at a General Meeting.
7. a) All Members shall be entitled to similar privileges except in regard to voting at General Meetings and subject to the provisions of the following sub-rules.
b) No Member will be allowed to take part in any event without first paying:-
i) the entry fee for that particular event, and
ii) any other monies which the driver owes, according to the Club books.
The driver and entrant must also be in possession of a valid competition license, where one is required. All persons in the vehicle must be in possession of a valid SAVVA indemnity.
8. No Club income or Club property may be distributed to any Club member or Committee member and said members have no claim or rights to the funds, property or assets of the Club during membership or upon cessation of membership.
COMMITTEE
9. The Management of the Club shall be vested in a Committee consisting of not less than three, and not more than nine members.
10. The first Committee shall be elected at an Inaugural General Meeting of interested persons who agree to become members and shall, subject to the constitution, hold office until the conclusion of the Annual General Meeting held in the following year.
11. a) Four members of the Committee retire by rotation at the conclusion of each annual general meeting (the order of rotation to be settled by the Committee by agreement or by lot) and are eligible for re-election at the Meeting.
b) Any two members may sponsor the nomination of a member for election to the Committee by submitting his name, in writing, at the Annual General Meeting, with the approval of the nominee.
c) The Committee may elect any member to fill a casual vacancy in the Committee.
12. If at any time the number of members of the Committee shall fall below three, the remaining members may not act except for the purpose of electing one or more members to bring their numbers up to the minimum of three.
13. The quorum at a Committee Meeting shall be three.
14. If any member of the Committee fails to attend three consecutive meetings of the Committee without an excuse which, in the opinion of the Committee is reasonable, the Committee may resolve that he forfeit his office and a casual vacancy shall be deemed to have occurred.
15. No Committee member or Club member will be eligible for compensation for services rendered. Payment made to members or Committee members will be only for reasonable expenses and must be sanctioned / approved by the Committee before such expenditure is made.
POWERS OF THE COMMITTEE
16. The powers of the Committee shall include the following:-
a) To manage the affairs and funds of the Club
b) To delegate to any person or persons any of it's powers, whether by way of sub-committees or otherwise.
c) To decide the procedure governing their own meetings.
d) To appoint officers from time to time, either from their own number or from the membership of the Club.
e) To fix competition fees and conditions.
f) To decide any matter which is not provided for in the constitution.
g) To collect, invest and spend the funds of the Club and to enter into any lease on behalf of the Club.
h) To authorise the formation of Sections on such terms as the Committee shall deem suitable.
i) To open banking accounts and savings accounts in the name of the Club, and to authorise members of the Committee or other officers to draw cheques thereon, provided that any cheque shall require two authorised signatures.
j) To appoint an auditor.
17. The Committee shall cause minutes of their meetings and of General Meetings to be recorded, and such minutes when signed by the Chairman of the Meeting, or the Chairman of a subsequent meeting, shall be conclusive evidence of the transactions at that meeting.
GENERAL MEETINGS
18. An Inaugural General Meeting of interested persons who agree to become members shall be competent to constitute or re-constitute the Club, validate expressly or by implication any previous irregularities or omissions, adopt or re-adopt any part of the constitution pro. tem. and appoint a Committee in terms of Clause 9.
19. An Annual General Meeting shall be convened by the Committee once in every calendar year to be held before the 31 December. Twenty one days notice shall be given and copies of the accounts for the previous year shall accompany the Notice or shall be posted to members before the Meeting.
20. The business of an Annual General Meeting shall be:-
a) To receive and consider the audited accounts of the Club for the previous year.
b) To review any Report of the Committee or the Chairman.
c) To elect a Chairman and committee members. The newly elected committee will at the first meeting following the AGM allocate portfolios and tabulate their functions.
d) To transact such other business as the Committee may have approved for inclusion in the Notice.
21. A Special General Meeting shall require not less than 10 days notice and may be called at any time by the Committee. A Special General Meeting shall be convened by the Secretary, within 21 days on a requisition in writing addressed to him by not less than 10 members stating the objectives of the Meeting and tendering the costs.
22. The business of a Special General Meeting shall be restricted to the proposed resolutions in the Notice convening it, but the Chairman of the Meeting may allow amendments to such resolutions if in his opinion they are necessary or desirable in order to clarify the resolutions or render them more practicable.
PROCEEDINGS AT GENERAL MEETINGS
23. a) A quorum for any General Meeting shall be ten Members present and entitled to vote.
b) The Chairman of the Committee shall be entitled to take the chair at any General Meeting. If he is not present at the advertised time of the Meeting, the Members present shall select another member as Chairman of the Meeting.
c) Each member entitled to vote in terms of Clause 5 (b) shall have one vote, and the Chairman of the Meeting shall have a deliberative vote as well as a casting vote which he may exercise in the event of a tied vote.
d) The declaration of the Chairman as to the passing or defeat of a resolution shall be conclusive unless a re-count is immediately demanded.
e) Where appropriate, the Chairman may direct that the voting on a resolution be by ballot.
NOTICES
24. Notices of General Meetings shall be posted to members at their registered addresses. Accidental omission or failure to send a Notice to a Member shall not invalidate the proceedings at the Meeting.
SUBSCRIPTIONS AND ENTRANCE FEES
25 a) The subscriptions and entrance fees shall be determined from time to time at the discretion of the Committee, and can be raised in acceptance with SAVVA's requirements.
b) Should any person join the Club after the last day of February in any year, he shall be liable for only half the subscription.
c) The Committee may waive Entrance Fees in the case of members who are registered members of other recognised Veteran and Vintage Car Clubs to which an Entrance Fee was paid.
d) Any member whose subscription is three months or more in arrear shall be liable to have his membership cancelled by the Committee.
e) Any member wishing to resign shall give notice in writing to the Secretary before 1 August, failing which he shall be liable for his subscription for the ensuing year.
f) The financial year of the Club shall start on the 1st day of July each year and end on the last day of June each year.
MISCONDUCT OF MEMBER
26. Any member deliberately infringing the constitution of the Club or of any competition connected with the Club or whose conduct appears likely to bring them into ridicule or contempt, may be :-
i) suspended instantly and verbally by any member of the Committee from any competition or from any outing sponsored by the Club, and
ii) expelled from the Club by a majority vote of the Committee after any enquiry at which the member shall have been invited, in writing, to be present, when he may be accompanied by a fellow club member.
iii) Any member that has been suspended or expelled from the Club as indicated in 26i and 26ii may lodge an appeal in writing to the Committee and such appeal will be voted on at Committee Meeting. The outcome of the decision at this meeting will be final and the member will have no further recourse.
iv) In the case of misconduct of a Committee member or a Committee member bringing the Club into disrepute or making public statements on behalf of the club which is regarded as incorrect / false by a majority decision by the committee, may be suspended or expelled as decided by the Committee. Such suspended or expelled committee member may lodge an appeal as described in 26iii.
CLUB BADGES AND PROPERTY
27. Any person shall, on ceasing to be a member of the Club, forfeit all rights to and claim upon the Club and it's property and funds and shall return to the Club the badge issued to him, as well as any Club property which may be in his possession.
ALTERATION OF CONSTITUTION
28. The constitution may be altered by a resolution passed by two-thirds of the members present and voting at a General Meeting of which not less than 14 days notice shall have been given, setting out the proposed alterations.
INDEMNIFICATION
29. The Committee members and any other officials shall be indemnified by the Members of the Club in respect of all reasonable matters undertaken for the benefit of the Club and in pursuance of it's objectives.
NON-RESPONSIBILITY FOR DAMAGE
30 The Club shall in no way be liable for damages or for the recovery of damages in respect of injuries sustained by Members.
31. Public statements may only be issued by members of the Committee.
WINDING UP
32. Upon the winding up or liquidation of the Club, the Committee shall be obliged to transfer the assets remaining after the satisfaction of all liabilities of the Club, to another non-profit club having objectives similar to those in Clause 2 above. If such club cannot be found in the Western Cape to the satisfaction of the Committee, then the guidance of the Chairman for the time being of the S A Veteran and Vintage Association shall be requested for this purpose. |
