1 (Constitution 1 June 2016)

R@M BOWLS CLUB CONSTITUTION

  1. INTRODUCTION

1.1 The R@M Bowls Club (R@MBC) is a sporting affiliate of Retire@Midstream Home Owners Association.

1.2 The Board of Directors of the Retire@Midstream HOA has established a Bowls sub-Committee to control and manage the R@M Bowls Club in accordance with the Memorandum of Incorporation (MOI) of the Home Owners Association (HOA).

1.3 This Constitution is designed to establish the minimum rules and regulations to ensure the smooth running of R@MBC. Where a specific subject is not covered by this Constitution, the requirements of the HOA MOI shall be considered, as well as the principles governing the spirit of the game of Bowls.

1.4 Any conflict or matter which cannot be resolved by the R@M Bowls Club or Retire@Midstream HOA Bowls sub-committee shall be referred to the Retire@Midstream HOA Board to resolve.

1.5 The Facility is the property of Bondev Midrand and is leased to the Retire@Midstream HOA.

1.6 The Facility consists of the outdoor and indoor greens, clubhouse, kitchen and Jukskei facility.

  1. NAME

The name of the Club shall be R@M Bowls Club. , hereinafter referred to as The Bowls Club.

  1. AFFILIATIONS

The Bowls Club shall be registered with and affiliated to Bowls South Africa and Bowls Gauteng North or any associations to develop therefrom.

  1. OBJECTIVES

The objectives of the Bowls Club shall be to promote and foster the game of Bowls primarily within the community of the Retire@Midstream residential areas and the general area of the Midstream Estates, but also beyond these areas. 2 (Constitution 1 June 2016)

  1. COLOURS AND LOGO

5.1 The colours and logo of the Bowls Club shall be white, turquoise and maroon.

5.2 The hat-band shall be turquoise with a 13mm central maroon stripe, which, in turn, shall be divided by a narrow white stripe. The whole band shall not exceed 40mm in width and shall have embroidered in turquoise on the white stripe the acronym: “R@M BC”.

5.3 The colours, logos and hat-band shall be registered with Bowls Gauteng North.

  1. INTERPRETATIONS AND DEFINITIONS

6.1 Member shall apply to both male and female.

6.2 The masculine shall include the female gender; the singular shall include the plural.

6.3 In case of doubt as to the meaning of any rule, the interpretation of the Bowls Committee shall be binding upon the members until such time as the Bowls Club, in a general meeting, shall otherwise determine.

6.4 A Retire@Midstream HOA Bowls Sub-committee will act as the channel of communication between the Bowls Club and the Retire@Midstream Board.

6.5 The Retire@Midstream HOA Bowls sub-committee will consist of a designated HOA Board member, the Estate Manager and a mandated R@M Bowls Club Committee member.

  1. MEMBERSHIP

Membership of the Bowls Club shall be permitted to the following persons:

7.1 The primary aim is to ensure that residents of the Retire@Midstream residential areas will always receive preference over non-residents with respect to membership.

7.2 Residents of full and sectional title houses/units in Retire@Midstream shall pay a lesser membership fee than residents not living in Retire@Midstream, but will be required to be affiliated to Bowls Gauteng North and to pay such affiliation fees as might be applicable. 3 (Constitution 1 June 2016)

7.3 Any other applications from persons not residing in Retire@Midstream, may be granted a membership for a single year at a time which the Bowls Committee may terminate at the end of any specific year. A special membership fee shall be applicable to such members. Such fee may be adjusted at the end of each financial year.

  1. MANAGEMENT

The Committee of the Bowls Club shall exercise the powers delegated to it by the HOA Board, for the proper control and management of the affairs including the internal functioning and discipline of the Bowls Club, where necessary in consultation with the Retire@Midstream HOA Bowls Sub-committee.

  1. COMMITTEE

9.1 The affairs of the Bowls Club shall be controlled and directed by a Committee of up to nine (9) elected members. This Committee shall regulate the activities of the Bowls Club in accordance with the MOI of Retire@Midstream and in consultation with the Retire@Midstream HOA Bowls Sub-committee, this Constitution and the By-laws of the Bowls Club, the laws of Bowls Gauteng North and the laws of Bowls South Africa.

9.2 The Committee shall consist of the following elected members:

9.2.1 President

9.2.2 Vice President

9.2.3 Honorary Secretary

9.2.4 Treasurer

9.2.5 Competition Secretary (Internal)

9.2.6 Competition Secretary (External)

9.2.7 Three additional members

9.2.8 In addition to the above elected members, the immediate past-president of the Bowls Club shall be a member of the Committee, with full voting rights. If for any reason the past-president does not serve on the committee, this position will be left vacant.

9.3 The members of the Committee shall be elected at the Annual General Meeting (AGM), having been duly nominated and seconded in writing by members of the Bowls Club in good standing.

9.4 All Committee members shall serve for a period of one (1) year but may be re-elected into the same, or any other position at a subsequent AGM.

9.5 A notice inviting nominations, together with the names of the proposers and seconders, shall be exhibited on the Bowls Club notice board at least fourteen (14) days before the date set for the AGM. The notice must contain the acceptance by all candidates for their nomination.

9.6 In addition to the responsibilities detailed in Clause 10.1, the Committee shall be responsible for reporting to HOA Bowls sub-committee on matters relating to funds collected by the Bowls Club.

9.7 The Committee shall peruse all applications for membership of the Bowls Club, having satisfied itself that the necessary clearance certificate has been submitted where applicable. The Committee shall then formally accept such applications and inform the applicant accordingly.

  1. DUTIES OF OFFICE BEARERS

10.1

10.1.1 The President shall preside at all meetings of the Committee. In the event of the President’s absence, the Chair shall be taken by the Vice-President. In the absent of both the President and the Vice-President, the members present shall elect a Chairperson for that meeting, the proceedings of which shall be deemed valid.

10.1.2 The President shall represent the Club at all Bowls Gauteng North functions. Should the President be unable to attend any function, the Vice-President shall attend. In the event of neither the President nor Vice-President being able to attend, the President shall nominate another member of the Committee to attend on his behalf.

10.1.3 The President or another fully mandated official shall represent the Bowls Club on the relevant Sub-committee of the HOA. Should the President or the alternate fully mandated official be unable to attend any meeting of that sub-committee for any reason whatsoever, the Vice-President or another delegate shall attend.

10.1.4 The Honorary Secretary shall ensure that proper records are kept of all proceedings of the Committee and shall provide minutes of all such proceedings to the members of the Committee. Additionally, the Honorary Secretary shall ensure that all incoming mail addressed to the Bowls Club is brought to the attention of the Chairperson and the Committee. Where necessary, the Honorary Secretary shall ensure that all outgoing mail from the Committee is correctly addressed and forwarded.

10.2 The Treasurer shall ensure that proper records are kept pertaining to all income and expenditure on behalf of the Club. These records are to be submitted by the President to the HOA Bowls Sub-committee at the end of each month. All income collected by the club after deduction of the monthly expenses must be paid into the HOA bank account either by EFT or cash. Unbudgeted Club expenditure beyond the day to day running expenses (Tea, coffee, biscuit and drinks) will have to be submitted to the HOA sub-Committee for approval. A record of invoices for new members and yearly affiliation and functions will also be submitted to the HOA accountant.

10.3 The Executive Committee of the club shall appoint a Disciplinary Convenor, who in turn, shall co-op two or more senior members to serve on the Disciplinary Committee, to deal with such cases as may be referred to it by the Executive Committee or Committee of the club. All disciplinary matters shall be dealt with as timeously as possible, according to the “Procedure and Notes” as detailed on the Notification of a Disciplinary Enquiry.

10.4

10.4.1 The Competition Secretary shall be responsible for organising and arranging all internal Club competitions, taking into account the availability of members due to other club commitments, such as League. The draw for all competitions is to be executed as an open draw based on handicap in front of club members present and displayed on the appropriate notice-board and the draw for particular games on specific days is to be advertised by a notice on the notice-board. If possible, the information for a week-end’s play is also to be included in a local newspaper to ensure wide distribution of details. Where necessary, the Internal Competition Secretary is to nominate a member of the Bowls Club to perform the duties of Umpire.

10.4.2 The Competitions to be planned and organized are contained in the By-laws of the Bowls Club but may be changed by the Committee from time to time to satisfy changing circumstances.

10.4.3 The Internal Competition Secretary is to arrange, at the end of each season, for the applicable trophies to be engraved.

10.5

10.5.1 The Competition Secretary shall also be responsible for making the necessary submissions for all competitions arranged by external organisations such as Bowls Gauteng North. This entails ensuring that entry forms are removed timeously from the appropriate notice-boards and forwarded to the organisation involved, with the necessary payment where applicable.

10.5.2 The Competition Secretary shall be responsible for recovering entry fees where applicable. Any member who enters his name into an external competition but has not paid the Competition Secretary the entry fee by the time that the list is submitted, will not be forwarded. 6 (Constitution 1 June 2016)

10.6. A Green Keeper will be appointed by the Committee, subject to the prior approval of the Retire@Midstream HOA Bowls sub-committee. The Green Keeper will be responsible for Greens and Grounds, and shall attend meetings called by either the Bowls Club or Retire@Midstream HOA Bowls sub-committee to consider matters relating to greens and grounds.

He shall decide, in conjunction with the members of the Committee, and where necessary the HOA Bowls Sub-committee, on all matters relating to the preparation and availability of the greens for play. Such decisions shall be made in accordance with Bowls Gauteng North greens policy where applicable.

10.7 Members of the Club may be co-opted to assist the Committee in any matters relevant to the affairs of the Club. Such members shall have no voting rights at Committee meetings.

  1. SELECTION COMMITTEES

11.1 Two (2) Selection Committees shall be elected, one consisting of five (5) ladies who shall be responsible for all matters relating to selection of ladies’ teams and the other, consisting of five (5) men shall be responsible for all matters relating to selection of men’s teams.

11.2 Both Selection Committees shall be elected at the AGM, having been nominated in the same manner as the members of the Committee.

11.3 Election shall be by vote, only lady members being eligible to vote for the Ladies’ Selection Committee and only men members being eligible to vote for the Men’s Selection Committee.

11.4 Each Selection Committee shall at its first meeting, elect a Convenor who shall act as Chairperson of each of the committees.

11.5 In the absence of the Convenor at any meeting, the remaining members shall appoint a Chairperson for that meeting.

11.6 The respective Selection Committees shall be responsible for selecting all teams which are to represent the Bowls Club in any tournaments organized by external bowling organizations, taking the conditions of clause 11.12.5 into consideration. Where mixed teams are to be selected, the two Selection Committees shall meet together and appoint a Chairperson for that meeting.

11.7 In the event that the Internal Competition Secretary is not elected to serve on one or other of the Selection Committees, he shall provide all meetings of both Selection Committees with information about players in a consultative capacity having no voting rights.

11.8 Members of a Selection Committee who are themselves candidates for selection for any teams shall absent themselves from all discussions related to their selection and have no vote in that part of the Selection Committee’s proceedings.

11.9 Should Clause 11.8 hereof result in a Selection Committee being reduced to less than three (3) voting members, the Selection Committee members shall appoint ad hoc members to fill the temporary vacancies.

11.10 Clauses 11.8 and 11.9 hereof are specifically excluded from the selection of sides of eight (8) or more players.

11.11 The Conveners of each Selection Committee shall, at all times, have the right to request ad hoc participation in selection matters by other members of their gender. Such temporary members shall have no voting rights in any selection matters.

11.12

11.12.1 The respective Selection Committees shall meet at least 21 days prior to the first league match of the season to elect a captain and vice-captain for every league team entered in the competition. The captains and vice-captains, together with the Selection Committee shall select the sides to represent the Club in the first of the league games. In the event of a deadlock the captain of the first side will have the decisive vote.

11.12.2 The captain of the first team will have the first choice of players.

11.12.3 For subsequent league matches the Selection Committee will delegate its authority to the captains and vice-captains, who shall then be responsible to the Selection Committee for any changes to the league sides. The captain of each side shall liaise with the Internal Competition Secretary with regard to the non-availability of players, the publishing of notices of sides, and compliance with BGN’s rules pertaining to the league competition.

11.12.4 A captain of a league side may at any time request the relevant Selection Committee to assist in the further selection of teams. In the event of a captain not being available his vice-captain shall act on his behalf. The Selection Committee may, at its sole discretion, elect another captain or vice-captain in the absence of either or both of these.

11.12.5 The respective Selection Committee shall, within 21 days of the closing of lists of names for participating in the Nationals, meet and elect a captain for each of the teams entered. The captain of the first team shall sit with the Selection Committee and have an equal vote with other members in selecting the remaining members of the Club’s first team. Once the first team has been 8 (Constitution 1 June 2016)

selected the Selection Committee shall select a captain for the second team who, likewise, shall have an equal vote with other members in selecting the remaining members of the Club’s second team. Prior to the respective Selection Committee meeting, members who have nominated themselves to represent the club at a Nationals event that takes place outside of the Bowls Gauteng North district shall have the right to select their own teams and to present their team(s) to the respective selection committee. The respective selection committee shall seriously consider such selections, taking into account that teams require to have a common sense of “togetherness” in order to perform well in National events away from “home”.

11.13 Each Selection Committee shall provisionally fix the handicaps for all members of their own gender and grade players for their position of play. This shall be done at least twice a year. The handicaps of bowlers in competitions that have already been drawn shall remain unchanged for those competitions. Final adjustment of handicaps shall be made by both Selection Committees meeting together to ensure a fair balance between men’s and women’s handicaps.

11.14 The setting of handicaps and grading is to be decided by the Selection Committee with at least 2 active Bowls Club members co-opted onto the Selection Committee for this purpose with voting rights.

11.15 In the event of a new member joining the Bowling Club after the handicapping and grading for the year have been completed, the applicable Selection Committee shall hold an ad hoc meeting to handicap and grade such member.

  1. VOTING IN COMMITTEE

12.1 Each member of the Committee attending the meeting shall have one vote.

12.2 In the event of an equal number of votes being cast in favour of and against any matter before the Committee, the Chairperson shall have a second casting vote.

12.3 The vote of the majority shall, in all cases, bind the minority.

  1. POWERS OF THE COMMITTEE

The Bowls Club Committee, in addition to the general powers delegated to it from time to time by the Board of the HOA, shall be entrusted with the following powers: 9 (Constitution 1 June 2016)

13.1 to co-opt a number of members of the Bowls Club to fill any vacancy or vacancies occurring on the Committee. The members co-opted for this purpose shall enjoy equal powers with those members elected at an AGM and shall hold office until the next AGM;

13.2 to co-opt such additional member or members as deemed necessary to advise the Committee on any matter. A member or members co-opted in this manner shall not have the power to vote and shall remain in office at the discretion of the Committee;

13.3 to determine the days on which play may take place;

13.4 to determine the order in which various competitions, matches and practice games shall enjoy precedence so far as the use of available greens’ space is concerned;

13.5 to fix green fees, to fix charges for refreshments, including alcoholic and other beverages dispensed;

13.6 to determine, in consultation with the Retire@Midstream HOA Bowls sub-committee, the terms and charges for the use of bowling greens by an organisation and visitors for the purpose of any match or competition. A visitor shall include any person who is not a fully paid-up member at the Bowls Club;

13.7 to act, if so instructed by the Retire@Midstream HOA Bowls sub-committee, in any inquiry into allegations of improper behaviour or conduct where the allegations are in relation to the activities of the Bowls Club;

13.8 to arbitrate in any dispute pertinent to the Bowls Club. The Committee’s decisions shall be binding upon all members but shall in no way abrogate the rights of members, nor the powers and functions of Umpires appointed in terms of the Laws of the game of Bowls as approved by Bowls South Africa;

13.9 to appoint a member of the Committee to serve on Retire@Midstream HOA Bowls sub-committee on which the Bowls Club is entitled to representation;

13.10 to compile and manage an operational budget in consultation with the Retire@Midstream HOA Bowls sub-committee.

13.11 wherever possible to raise funds and seek and obtain, with the Retire@Midstream HOA Bowls sub-committee’s approval, which will not be unreasonably withheld, sponsors for the betterment of the Bowls Club. No permanent advertising boards or posters may be installed in or on any of the facilities of the Bowls Club;

13.12 to disburse, with the approval of the Retire@Midstream HOA Bowls sub-committee, funds so raised.

  1. COMMITTEE MEETINGS

14.1 The Committee shall hold a minimum of eight (8) meetings a calendar year. A meeting should be held, if possible, in each calendar month unless exceptional circumstances determine otherwise.

14.2 The first meeting of the newly elected Committee shall be held within fourteen (14) days of the date of the AGM. Thereafter the date and time of the next meeting shall be decided at each meeting and absent members shall be informed by the Honorary Secretary at least five (5) days before the meeting of the date and time of such meeting.

  1. ABSENCE FROM COMMITTEE MEETINGS

15.1 Any Committee member who does not attend three (3) consecutive meetings of the Committee and who has not obtained leave of absence from the Committee shall, at the discretion of the majority of the other members of the Committee, both cease to be a member of the Committee and not be co-opted as a member of the Committee (or any sub-committee thereof) during its remaining period of office.

15.2 In the absence of the Honorary Secretary, the Chairperson shall appoint a Committee member to record the proceedings of the meeting and produce the minutes thereof.

  1. ANNUAL GENERAL MEETING

16.1 The AGM of the Bowls Club shall be held not later than the last day of February of each year.

16.2 Not less than fourteen (14) days’ notice shall be given, by post or by e-mail or by hand, to each member and by notice on the Bowls Club’s Notice board.

16.3 The President shall submit a report to the AGM on the general affairs and concerns of the Bowls Club and lay before it for consideration a statement of financial performance to date with reference to the Bowls Section’s annual budget as approved by the Retire@Midstream Board.

16.4 The Chairperson shall have a casting vote on any matter being debated.

16.5 Any member wishing to move any resolution capable of being passed at an AGM shall submit a copy of his proposal / resolution to the Honorary

Secretary at least seven (7) days before the date set for the AGM, or by such date as set out in the promulgated Notice of Meeting.

  1. SPECIAL GENERAL MEETING

17.1 A Special General Meeting (SGM) may be called by the Bowls Club Committee at any time with at least seven (7) days’ notice as prescribed for the calling of an AGM.

17.2 The notice shall specify the object of the meeting and no other business shall be discussed or transacted at the meeting.

17.3 No resolution submitted to a SGM shall be passed unless it received the support of a two thirds majority of those present and entitled to vote, where necessary in consultation with the Retire@Midstream Bowls Sub-committee.

17.4 The Committee shall call a SGM with at least seven (7) days’ notice as prescribed, not later than seven (7) days after the receipt by the Honorary Secretary, a request signed by not less than ten (10) members in good standing, that a SGM be called and setting forth the purpose of the meeting.

  1. QUORUMS

18.1 No meeting shall be held unless a quorum of members entitled to vote is present.

18.2 The quorum for Committee and Selection Committee meetings shall be three (3) members.

18.3 The quorum for General Meetings shall be twenty (20) members.

18.4 Should a quorum not be present within thirty (30) minutes of the time appointed for the General Meetings and fifteen (15) minutes for all other meetings, the meetings shall stand adjourned until the same time and day of the following week, when those members present shall transact the business for which the meeting was called.

  1. AMENDMENTS

No amendments to this Constitution shall be made except by a resolution taken at a Special General Meeting convened and conducted in the manner heretofore prescribed, in consultation with the Retire@Midstream Bowls Sub-committee.

  1. ADDITIONAL DOCUMENTATION

12 (Constitution 1 June 2016)

The Bowls Committee will from time to time revise and update the By-laws including discipline and grievance procedures of the R@M BC.

Signed at Retire @ Midstream on the day of June 2016.

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On behalf of the Retire@Midstream Bowls Club

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Retire@Midstream Estate Manager

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On behalf of the Retire@Midstream HOA Board