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SALTBAA CONSTITUTION
CONSTITUTION
OF THE
SOUTH AFRICA LIGHT TACKLE BOAT ANGLING ASSOCIATION
(SALTBAA)
1. NAME
The name of the organization hereby constituted is the South African Light Tackle Boat Angling Association, hereinafter referred to as SALTBAA.
2. HEADQUARTERS AND ADDRESS
Unless changed at an Annual General Meeting of the Association, the headquarters and postal address of SALTBAA shall be that of the Secretary of the Association.
3. OFFICIAL LANGUAGE
The official language of SALTBAA in the case of any dispute is English.
4. LEGAL STATUS
4.1 SALTBAA is and shall continue to be a distinct and separate legal entity with the power to own and alienate property of every description and with the capacity to accrue rights and obligations and having perpetual succession.
4.2 SALTBAA is and shall be a juristic person that can sue and be sued in its own name.
4.3 The property and funds of SALTBAA vests in SALTBAA as a juristic person and no member of SALTBAA shall be liable for debts of SALTBAA.
5. DEFINITIONS
In this Constitution, unless inconsistent with the context:
5.1 SALTBAA consists of seventeen (17) member associations namely: Border, Central Gauteng, Central North West, Eastern Province, Free State, Gauteng, Gauteng North, Kwa-ZuluNatal, Limpopo, Mpumalanga, Northern Cape, Northern Kwa Zulu Natal, North West, Sourthern Cape, Transkei, Western Province, Zululand.
5.1.1 "Club" means a club with at least ten members with the object and powers to administer, promote, foster and encourage the sport of light tackle boat angling;
5.1.2 “Member Association” means an association of at least two clubs;
5.1.3 “Member” means a person accepted as a member of a club of a Member Association and is bound by the Constitution, Regulations and Rules of the club.
6. OBJECTIVES
6.1 The object and powers of SALTBAA are and shall be to:
6.1.1 Advance, administer, promote, foster, develop, co-ordinate and promote amateur light tackle boat angling in South Africa in a non-profit manner;
6.1.2 Act as the controlling body for all affiliated provincial member associations, clubs and members;
6.1.3 Facilitate, develop and maintain member associations and clubs in South Africa and promote angling and safe boating in inland waters, estuaries, tidal rivers, bays, harbour areas, lagoons and saltwater lakes;
6.1.4 Promote the sport of light tackle boat angling amongst all members of the population irrespective of race, religion, creed, political affiliation, color, age or gender on a sustainable conservation orientated basis with particular attention being to the benefit of social development;
6.1.5 Identify, prioritize and solve problems related to light tackle boat angling, disorder, fears and poor sportsmanship;
6.1.6 Take reasonable steps to provide access to all participants, especially the poor and disadvantaged, promote and foster healthy interaction between members of SALTBAA and those of any other body, and affiliated with, or to, any national or international body having objects in any way similar to those of SALTBAA;
6.1.7 Admit any person to be associates or honorary members of SALTBAA;
6.1.8 Govern and to make bye-laws, rules and regulations to regulate light tackle boat angling under the jurisdiction of SALTBAA and add to, repeal, or alter such bye-laws, rules and regulations and enforce the carrying out of the same;
6.1.9 Formulate, control and amend the conditions under which competitions are contested;
6.1.10 Encourage and assist the dissemination of literature and information which may further the aims of SALTBAA;
6.1.11 Award national colors to deserving anglers, managers and coaches, in consultation with the South African Sport Anglers and Casting Federation and also to award SALTBAA colors to members of the Executive and to deserving anglers, skippers and coaches;
6.1.12 Arrange, control, regulate and finance the visit of teams to and from South Africa either solely or in conjunction with governing angling bodies of other countries;
6.1.13 Settle disputes arising between members or bodies of persons connected directly or indirectly with light tackle boat angling within the jurisdiction of SALTBAA;
6.1.14 Promote the development of angling facilities;
6.1.15 Distribute monies to its members for the protection, promotion and advancement of light tackle boat angling;
6.1.16 Promote nature conservation, liaise with environmental authorities and promote adherence to conservation legislation;
6.1.17 Buy, sell, hire, let, legally obtain, own, donate, mortgage or in any other legal manner deal with movable and fixed assets or rights and title therein or thereon;
6.1.18 Invest monies and funds of SALTBAA in any recognized banking, trust or financial institution in South Africa and draw, accept and issue cheques / bills, issue debentures and borrow monies against such security as may be determined and or required in execution of its objectives.
7. MEMBERSHIP
7.1 Membership shall be restricted to individuals registered with recognized light tackle boat angling associations.
7.1 Membership shall be restricted to individuals registered with a club of a Member Association.
7.2 All Associations shall:
7.2.1 Have a constitution, not inconsistent with the SALTBAA Constitution;
7.2.2 Keep in good financial standing with SALTBAA;
7.2.3 Pay SALTBAA an affiliation fee as may be decided upon from time to time at the Annual General Meeting before the commencement of the Annual General Meeting;
7.2.4 Submit its membership list before the commencement of the Annual General Meeting.
7.3 An Annual General Meeting shall be held once a year. Each member association shall be represented on the Annual General Meeting by two members with voting rights and duly elected by the members of that member association.
8. ORGANIZATION OF SALTBAA
8.1 The constituted bodies of SALTBAA shall be:
8.1.1 Any General Meeting of SALTBAA and in particular the Annual General Meeting;
8.1.2 The Executive Committee of SALTBAA which shall act as the executive and management body of SALTBAA at all times except when a General Meeting is in progress;
8.2 All decisions of the Executive Committee shall be subject to approval and confirmation by the next General Meeting of SALTBAA.
9. THE EXECUTIVE
9.1 At every second Annual General Meeting, Honorary Presidents (without a vote), President, Vice-President (Development, Ladies & Junior affairs), Vice-President (Administration and Records), Secretary and Treasurer shall be elected from amongst the affiliated members of SALTBAA for a period of two years and will act as the Executive Committee. The Vice-President for Development, Ladies & Junior affairs must be a Lady.
Honorary Life President and Honorary Presidents may be co-opted by the President to assist and advise the Association on any matters as the President may request from time to time.
They may attend all General Meetings and Bosberaad and also the Seniors, Ladies & Junior National Championships and may afford the same traveling and board and lodging privileges as the Executive.
9.2 The President amongst other duties, shall preside over general meetings of SALTBAA and meetings of the Executive, direct all official business of SALTBAA, supervise all activities, be the official representative of SALTBAA, delegate such duties and co-opt further committee members as may be appropriate to better serve SALTBAA and award President's colors to deserving members.
9.3 The Vice-Presidents shall, amongst their specified and other duties, assist the President when called upon, preside on a rotational basis in the absence of the President, and assume the responsibilities of the office of President should it become vacant, until a replacement is elected.
9.4 The Secretary shall, amongst other duties, arrange and keep the minutes of all meetings and maintain the official correspondence of SALTBAA.
9.5 The Treasurer shall, amongst other duties, receive and disburse all monies as approved by the Executive, maintain accurate financial records, present a current income and expenditure statement at each General Meeting, and submit an audited balance sheet and detailed financial report at the Annual General Meeting. A balance sheet as well as a detailed financial statement must be submitted at the Annual General Meeting. These reports must be signed off by an external accountant or an internal, non Executive accounting officer of SALTBAA.
9.6 The Executive Committee shall be assisted by the following additional national office bearers who may also be elected at such Annual General Meeting, or be appointed by the Executive for a period of two years.
The Safety Officer is to ensure that safety rules are implemented according to SADSAA ,local or other rules which maybe implemented by the executive committee. Ensure that all boats comply with these safety standards prior to launching at any competition hosted by SALTBAA. Any other duties as maybe required to be performed for and behalf of the association from time to time.
The Tournament Officer shall organize and manage all SALTBAA, National and International competitions and will perform other duties as requested from time to time by SALTBAA Executive.
It shall be the Publicity Officers duty to lease with the media. No reports to be made to any organization with out the consent of the SALTBAA Executive.
Training Officer;
Resources Officer;
9.7 The Executive Committee shall hold at least two committee meetings every year.
9.8 The President and all the members of the Executive Committee shall present a written report on their activities at every general meeting.
9.9 The Executive Committee shall be responsible for the day to day administration and running of SALTBAA and is empowered to make final decisions between general meetings of SALTBAA.
9.10 In order to achieve the objects of SALTBAA, the Executive Committee is and shall be empowered to:
9.10.1 Take any resolution or decision that is necessary or expedient;
9.10.2 Make, amend or repeal any regulation, bye-laws or rules: Provided that no regulation, bye-laws or rules shall come into force, be amended or repealed if it has not been circulated at least sixty (60) days in advance by post or e-mail, to the secretaries of all member associations and less that 40% of member associations have objected in writing thereto: Provided further that such objections be received within thirty (30) days of such circulation.
9.11 The President, Treasurer and Secretary are and shall be the office bearers accepting fiduciary responsibility for SALTBAA for the purposes of exemptions in terms of the Income Tax Act, 1962.
10. ANNUAL AND GENERAL MEETINGS
10.1 An Annual General Meeting shall be held within sixty (60) days after the end of the SALTBAA financial year. The financial year shall be from 1 July to 30 June.
10.2 A Bosberaad can be held in conjunction with the Annual General Meeting.
10.3 A special General Meeting may be convened by the Executive Committee at its own request or upon the receipt of a written request from at least three (3) member associations. A Special General Meeting shall be convened within forty-five (45) days of receipt of the request(s). Clear details of motions proposed and detailed motivations for such motions must be submitted with such requests.
10.4 Notice of General Meetings, the agenda and documentation shall be forwarded to all members thirty (30) days prior to the date of meeting. Any item on the Agenda for discussion must be accompanied by a discussion document.
10.5 Voting powers at General Meetings shall be as follows:
10.5.1 Each member association in good financial standing with SALTBAA shall be entitled to two votes;
10.5.2 In addition, the President, Vice-Presidents, Secretary and Treasurer shall each have a vote and in the event of a deadlock, the President shall have a deciding vote.
10.6 Should a delegate of a member association not be able to attend a General Meeting, the member shall be entitled to appoint, in writing, any other delegate from the same member association to act and speak on his behalf. A delegate may not act as proxy for more than one other delegate.
10.7 Each member association shall advise the President in writing prior to the commencement of any General Meeting of the name of his accredited delegates.
10.8 The President, or in his absence, a Vice-President shall act as Chairman at General Meetings. In the event that neither of the above is present, the Meeting shall elect a Chairman.
10.9 Voting shall take place by the show of hands or, if so requested by one delegate, by secret ballot.
10.10 A quorum for any General Meeting shall consist of at least 50%(fifty persent) of SALTBAA member associations.
11. REGISTERS
11.1 Member associations shall furnish the Secretary with a copy of their constitution and the Secretary shall keep a record thereof.
11.2 Any amendment to any member associations constitution must be forwarded to the Secretary within thirty (30) days.
11.3 Member associations shall annually furnish the Secretary with their addresses and of particulars of their officials and the Secretary shall keep a register thereof.
11.4 The Treasurer shall keep a register of all trophies, the value thereof and who signed for receipt thereof.
12. FUNDING
12.1 Funding shall be obtained from all possible sources open to SALTBAA and these shall include the public and private sectors. These funds will only be used as per the funding policy requirements of the respective sponsors.
12.2 Members affiliation fees shall be payable annually but not later than the commencement of the Annual General Meeting, in an amount which shall be determined from time to time in the Annual General Meeting.
12.3 SALTBAA must have a banking account signed by at least two members of the Executive Committee, one being the Treasurer.
13. APPLICATION OF FUNDS
The income and property of SALTBAA whenever derived shall be applied solely towards the promotion of its objects, and portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever to the members of SALTBAA: Provided that nothing herein contained shall prevent the payment in good faith of reasonable remuneration to any officer or servant of SALTBAA or to any member thereof in return for any service actually rendered to SALTBAA.
14. AMENDMENTS TO THE CONSTITUTION
Amendments to the Constitution of SALTBAA may only be made at an Annual General Meeting or at a Special General Meeting convened for such purpose.
Proposals for amendments must be submitted in writing and must be fully motivated and reach the Secretary of SALTBAA at least sixty (60) days before the meeting. The Secretary must give notice to the members at least thirty (30) days before the meeting.
For any amendment to be carried, it is necessary that the motion be approved by not less than two-thirds of the vote of all member associations.
15. DISSOLUTION
15.1 SALTBAA may be dissolved by a resolution passed at a Special General Meeting called for that purpose: Provided that such resolution is passed by a majority of two thirds of the members present and entitled to vote at such a meeting.
15.2 Upon its dissolution the assets of SALTBAA remaining after the satisfaction of all its liabilities shall be given or transferred to some other non-profit association or institution or associations or institutions having objects similar to the objects of SALTBAA, to be determined by members of SALTBAA at the Special General Meeting referred to above, failing such determination, by Court.
16. DISPUTE RESOLUTION
Any dispute arising out of or in connection with the enforceability of this Constitution, or the application, and interpretation of the provisions hereof or any dispute between any members of SALTBAA or between SALTBAA and the South African Sport Anglers and Casting Federation or between SALTBAA and any other angling federation or association, shall be referred to the Arbitration Foundation of South Africa (AFSA) for resolution through mediation or expedited arbitration in terms of the rules and procedures for the resolution of Disputes in Sport prevailing at the time such dispute is so referred. In the event of arbitration in terms of the afore-going such resolution shall be final and binding on the parties to the dispute.
16.1 DISCIPLINARY PROCEEDINGS
16.1.1 Any Member Association or of their Members shall be subjected to disciplinary proceedings if such a Member Association or Member:
a) Transgresses any angling rules or provisions of the constitution.
b) Conducts them unsportsmanlike or unethical.
c) Conducts them in a manner harmful to harmonious racial relationship.
d) Conducts in a manner that is an embarrassment to the angling sport.
16.1.2 Any Member Association or one of its Members must report any misconduct in writing within 24 hours after the end of a days session to a Member of the Executive or Tournaments officer. Complaints from members of the public shall also be considered.
16.1.3 The President shall appoint a Tribunal to conduct disciplinary proceedings. The tribunal shall consist of three members and a member of the executive who shall act as chairperson. The majority decision of the tribunal shall prevail. At national or international competitions a jury of three members shall be selected from non participating members to act as tribunal during the tournament. There is a right to appeal against the decision of the tribunal or Jury to the President of SALTBAA.Such an appeal must be lodged within two weeks from the date of the decision and the President may:
a) Confirm the decision and punishment.
b) Set aside the decision, or alters the punishment.
c) Order a retrial.
16.1.4 The Secretary or during a tournament, the Tournaments Officer shall investigate all written complaints and if necessary obtain statements from witnesses. In consultation with the Tribunal or Jury will serve a written notice on the alleged transgressor of a date, time and place to appear before the Tribunal or Jury.
In the notice the alleged transgressor must be informed that he/she could appear alone or accompanied by witnesses on his behalf at the Tribunal or Jury, or he/she may submit a written presentation before the date/time of the enquiry to exonerate him/her from the alleged transgression. The notice may be served by post or by hand.
16.1.5 At the disciplinary proceedings the full extent of the allegations and evidences must be disclosed to the alleged transgressor and he must be afforded the opportunity to state his case, call witnesses and present evidence. After the tribunal has considered the evidence it must make its decision on a balance of probabilities and notify the transgressor of the decisions and the reason therefore. He must be informed on the possibilities of appeal to the President of SALTBAA.
16.1.6 The Tribunal or Jury may impose the following:
a)For minor infringements including unsportsmanlike behaviour,foil language, racist remarks, dangerous driving of boats, boats not sea worthy, alcohol abuse, not following legitimate instructions of the marshals,officials,etc, a fine of not exceeding R 1000-00 (one thousand rand) may be imposed.
b)For more serious infringements including placing of foreign objects in the water (as per angling rule 5.22), handling another anglers rods that are alive, cheating with the weights of fish, etc, a fine of not exceeding R 2000-00(two thousand rand) may be imposed, and the transgressor’s as well as his team’s points may be cancelled for a specific day or for the whole tournament or for the whole year.
c) For more major infringements where there is definite proof of dishonesty such as deliberately using line in excess of 4kg IGFA,using more than the prescribe number of rods, angling with a hand line,etc,the minimum punishment is a fine of R 5000-00(five thousand rand) and suspension for one year. In extreme cases or subsequent convictions a transgressor may be punished with a fine of not exceeding R 10 000-00(ten thousand rand)and expelled from SALTBAA(suspension for life).a Transgressor may also ordered to forfeit or return any provincial,SALTBAA or national colors awarded to him/her. In the event of evidence that members of a team of a Member Association conspired to be dishonest, a fine not exceeding R 10 000-00(ten thousand rand) may also be imposed on the Member Association.
d) Any punishment/sentence may in part or in whole be suspended for a maximum period of five years, on condition the such transgressor is not convicted of a similar type of of offence during the period of suspension.
e) Marshals, Tournaments Officers and Safety Officers for minor infringements may impose spot fines not exceeding R 500-00(five hundred rand).If such fines are not paid within six hours, the matter must take its course before a Jury. Spot fines will not be regarded as previous convictions. All fines shall only be paid to the SALTBAA Treasurer or Secretary.
16.2 ANGLER UNDER DISCIPLINARY ACTION
Any Member Association that places one of its anglers under disciplinary action must, within 14(fourteen) days thereafter advise the SALTBAA Secretary of full particulars surrounding the circumstances, as well as the duration and nature of the disciplinary steps.
If SALTBAA places a Member under disciplinary action, SALTBAA must advise his/her Member Association Secretary of full particulars surrounding the circumstances as well as the duration and nature of the disciplinary steps taken and that these steps are enforced upon the angler at Member Association level as well.
17. GENERAL
A copy of this Constitution and any rules or regulations and of any rescinding, addition or amendment hereto or new rule or regulation effected from time to time shall be available for the inspection of members upon application to the Secretary.
18. INTERPRETATION
The interpretation of this Constitution and of all bye-laws, regulations, rules or decisions of SALTBAA shall rest entirely with the Executive Committee, whose interpretation shall be final and binding on all members of SALTBAA.
CONSTITUTION APPROVED ON 2 AUGUST 2008 AT MASELSPOORT BLOEMFONTEIN.
PRESIDENT: SALTBAA SECRETARY: SALTBAA
GERT HATTINGH FREDDIE VAN RENSBURG