CONSTANTIA BOWLING CLUB
CONSTITUTION AND BY-LAWS
DEFINITIONS
AGM Annual General Meeting
SGM Special General Meeting
The Club The Constantia Bowling Club
Club premises The clubhouse and grounds on which the
Constantia Bowling Club resides
Club notice board Physical and/or electronic notice boards
Member A playing, honorary or social member of the Constantia Bowling Club
BSA Bowls South Africa
WPBA Western Province Bowling Association
1. LOCATION
The Club is located at Constantia Sports Centre, Constantia Main Road, Constantia, Cape Town.
2. COLOURS, BADGE AND APPAREL
a. The Registered Colours of the Club are Green, Yellow, Red and Black.
b. The Badge is Green, Red, Gold and Black with castle of Van der Stel and the falcon of the Cloetes and glove, with scroll, “CONSTANTIA” in gold.
c. Bowls apparel shall incorporate the Club Colours
d. The Club badge, colors and apparel cannot be changed without the approval of a two-thirds majority of members voting at a General Meeting.
3. OBJECTIVES AND POWERS
The objectives of the Club are to promote and encourage the playing of the game of Bowls for men and women, without practising discrimination on the grounds of race, gender, religion or political association, to provide facilities therefore and to establish and maintain congenial social amenities for its members. In furtherance of its objectives, the Club shall have the following powers:
a. to frame and enforce Rules and By-laws for the correct and efficient running of the Club and the financing thereof;
b. to become affiliated to the Western Province Bowling Association;
c. to acquire movable and immovable property by purchase or lease or in any other manner and to sell, mortgage or otherwise deal with or dispose of the same;
d. to develop and improve immovable property acquired by the Club, by the construction thereon of bowling greens, lawns, gardens, a Club House and other buildings and structures and to alter, add to, improve and maintain same;
e. to borrow money and lend the funds of the Club;
f. to control and invest the funds of the Club; in a reliable investment account at a recognized financial institution approved an AGM or SGM.
g. to fix and collect, subscriptions, sponsorships and all other fees or charges necessary for financing the Club or any or all of its activities;
h. generally, to do all such other things as shall be necessary or desirable for the benefit or control of the Club.
4. AFFILIATION
a. The Club shall be affiliated to the Western Province Bowling Association and through it to Bowls South Africa, and thereby the Club and its members shall be bound by the Rules of these Associations.
b. As an affiliated member of the Western Province Bowling Association, the Club’s Executive Committee shall annually appoint two club members as Delegate and Alternate to the WPBA Council.
5. ACCEPTANCE OF THE CONSTITUTION (RULES AND BY-LAWS)
a. The Rules and the management structure set out herein shall form the Constitution of the Club. The By-Laws of the Club shall be as set out in Appendix attached hereto.
The Club Constitution and By-Laws of the club can be viewed on the Club’s website www.constantiabowlingclub.co.za. A paper copy can be obtained from the Secretary upon request. No Member shall be absolved from the provisions of the Constitution and By-Laws. Any claim that the member has not read them shall not be grounds for absolution.
b. In any reference hereinafter to the Club Constitution and By-Laws, the word Club when omitted shall be implied.
6. ALTERATIONS TO THE CONSTITUTION AND BY-LAWS
a. The Constitution shall not be altered by amendment, addition, deletion or substitution, save by a resolution of an Annual or Special General Meeting, passed by a minimum of two thirds of the Members present and voting, and of which alteration at least FOURTEEN (14) days’ notice has been given in writing to all Members by email. Such resolution shall also be posted on the Club notice board.
b. The Executive committee, as defined under Rule 8a hereof, shall have power to make, amend, add, delete or substitute By-Laws, provided that such By-Laws are not in conflict with the Constitution, subject to 6c. below.
c. Any alterations to the By-Laws shall be communicated to the Members by way of an appropriate notice posted on the Club Notice Board. Such alterations shall not become effective until fourteen days after the Notice Board posting.
d. If at least twenty Members with voting rights are dissatisfied with any By-Law alterations, they may jointly submit an objection to the Secretary and request, as provided for in Rule 12, that a SGM be called to consider the issue. If an objection is submitted within the FOURTEEN (14) day period referred to in Rule 6c, the By Law alterations shall be withheld until the issue is resolved at a Special General Meeting. If an objection is submitted after the FOURTEEN (14) day period referred to in Rule 6c, the By-Law alterations shall continue in effect until the issue is resolved at the SGM.
e. Any resolutions at an AGM or SGM relating to alterations to the Constitution and/or By-Laws shall require to be passed by a minimum of two-thirds of the voting members present.
f. The Executive Committee shall, when required, appoint a Constitution Sub Committee of at least two competent Club members to be responsible for framing the text of any duly approved amendments to the Constitution and By-Laws.
g. The updated Constitution and By-Laws shall be held on the Club’s website.
7. INTERPRETATION OF THE CONSTITUTION AND BY-LAWS
a. The Executive Committee shall interpret the correct meaning of any Rule, By Law or Notice of the Club.
b. The interpretation of the Executive Committee shall be binding on all Members until the next AGM or SGM when, if so desired, the matter may be referred to that Meeting for decision.
c. The decision of the Executive Committee or of any AGM or SGM, as the case may be, shall, be between Club and its Members.
8. MANAGEMENT STRUCTURE
The control and management of the Club shall be vested in the Executive and Committees as set out hereafter.
The Executive and members of said Committees shall be elected or appointed or replaced as provided in Rule 10.
a. THE EXECUTIVE COMMITTEE comprises the following Office Bearers and Members:
• President
• Club Captain (Male)
• Club Captain (Female)
• Club Secretary
• Club Financial Controller
• and 5 members, bringing the total to 10 Executive Members.
b. THE MEN’S SELECTION COMMITTEE comprises FIVE (5) Male Club members of whom at least two shall have represented the Club at First Team level.
c. THE WOMEN’S SELECTION COMMITTEE comprises FIVE (5) Female Club members of whom at least two shall have represented the club at First Team level.
d. To be eligible for a position on either selection committee a member shall have at least three years unbroken playing membership of the Club.
e. No member of a selection committee shall serve for more than three consecutive terms of office on the committee.
f. In the event that there are not enough nominations for selectors, Clauses 8d. and 8e. can be waived.
g. THE MEMBERSHIP COMMITTEE comprising:
1. The Club Secretary (Convenor)
2. The 2 Club Captains
3. The Financial Controller
4. The Convenor of the Women’s Selection Committee (where female applicants are considered)
5. The convenor of the Men’s Selection Committee (where male applicants are
considered)
9. RESPONSIBILITIES OF OFFICE BEARERS and COMMITTEES
a. The President of the Club shall be responsible to the members of the Club for directing the overall control and effective management of the Club in accordance with the Constitution and By-laws. He/she shall:
i. Preside, as Chairman, over all Executive and General Meetings.
ii. Have a casting vote in addition to his/her deliberate vote at all Executive Committee meetings.
iii. At his/her discretion appoint any one of the members of the Executive
Committee to act on his/ her behalf when he/she is absent.
iv. Be an ex-officio member of all the Committees referred to in Rule 10.b.i and any sub-Committees formed by them, and have a casting vote, as well as a deliberate vote at any of the meetings.
b. The Club Captain (Male), shall be responsible for the Men’s Selection Committee, the Men’s Club Competitions Secretary and the Male Duty Officers. He shall:
i. Liaise with and support the President in his/her efforts to implement the Constitution, and assist in the promotion of good administrative practices and bowling fellowship.
ii. In the absence of the President, represent and act on behalf of the Club, at men’s bowling tournaments and functions.
iii. Be an ex-officio member of the Men’s Selection Committee, but shall not have voting power.
c. The Club Captain (Female), shall be responsible for the Women’s Selection Committee, the Women’s Club Competitions Secretary and the Female Duty Officers. She shall:
i. Liaise with and support the President in his/her efforts to uphold and implement the Constitution and assist in the promotion of good administrative practices and bowling fellowship.
ii. In the absence of the President, represent and act, on behalf of the Club, at women’s bowling tournaments and functions.
iii. Be an ex-officio member of the Women’s Selection Committee, but shall not have voting power.
d. The Financial Controller shall be responsible to the President and Executive Committee of the Club for directing and controlling all Club financial matters and all funds and assets belonging to the Club and shall be responsible for the proper keeping of books of accounts and their submission for audit.
e. The Secretary shall be responsible to the President of the Club for directing and carrying out administrative and secretarial duties necessary for the effective administrative functioning of the Club, be responsible for the management of Club members’ entries for W.P., Provincial and National competitions, and be responsible to ensure that Club members are informed of all activities that affect the Club and its members.
f. The Club Competition Secretaries shall be responsible to their respective Captains for the administration and management of all Club competitions.
g. The Male and Female Duty Officers shall be responsible to their respective Captains for the control and supervision of arrangements on the respective Men’s and Women’s playing days.
h. The Greens Manager shall be responsible to the President, Executive Committee and Executive member in charge of greens for the management and maintenance of the Club greens, equipment and grounds, and in particular be responsible for the activities of the Grounds Staff.
i. The Bar Manager shall be responsible to the President, the Executive Committee and the Executive Member in charge of bar matters and for the management of the bar in compliance with the liquor laws. He/she shall be responsible for the security of the bar equipment, monies and stocks, be responsible for the maintenance and repairs, security and general cleanliness within the Bar Areas, and be responsible for compiling and controlling duty rosters for Club members to act as voluntary barmen. The Bar Manager at the direction of the Executive Committee shall be responsible for the employment and duties of an appointed barman.
j. The Events Chairperson shall be responsible to the President, Executive Committee and the Executive Member in charge of Events and Entertainment for the promotion and management of Social Activities, Entertainment Events and Project Bowling Competitions, incorporating fund raising, when appropriate, whether for charity or for the benefit of the Club.
k. The House Chairperson shall be responsible to the President, Executive Committee and the Executive Member in charge of House & Catering for the use of the Club House facilities, be responsible for the maintenance, security, cleanliness and orderliness of the Club House, as well as for the maintenance and security of the kitchen and its equipment, and in particular be responsible for the activities of the House Staff.
l. The Men’s and Women’s Selection Committees through their Convenors shall be responsible to their respective Captains for the duties as laid down in Clause 20, which shall be carried out separately by each of the two committees, save for when mixed gender teams are selected where they will work in conjunction with each other.
m. The Technical Official Convenor shall be responsible to the Executive member in charge of Technical Officials for ensuring that Club Members are informed on the Laws of the Game of Bowls, and for arranging, when called upon, for Umpires and/or Markers.
n. The Membership Committee, through its Convenor, shall be responsible to the President for the management and control of new member admissions, in accordance with the Club’s membership policy, and in accordance with the procedure as laid down in Clause 23.
o. The Marketing Officer shall be responsible to the President for the implementation and overall management of the Club’s Development Programme.
p. The Catering and House Convenor shall be responsible to the President, Executive Committee and the Executive Member for managing the catering for Club functions and competitions played at the Club.
q. The Coaching Convenor shall be responsible to the President for instructing beginners and players in the etiquette and laws of the game of bowls, and be responsible for promoting and managing all coaching aspects, which form part of the Club’s Development Programme.
r. The Competition Official/s shall, when called upon, act as the controlling body for the control and management of W.P., Provincial, National and Club Open Competitions, played at the Club.
s. The Duty Officer Convenors shall be responsible to their respective gender Captains for the control and supervision of arrangements on their respective gender playing days.
10. NOMINATION, ELECTION, APPOINTMENT AND REPLACEMENT OF
OFFICE BEARERS AND MEMBERS OF COMMITTEES
a. Nominations and Elections
i. Nominations for the President, Captain (Male), Captain (Female), Secretary, Financial Controller the 5 additional members and the Men’s and Women’s Selection Committees shall be lodged with the Secretary by not later than THIRTY (30) days prior to the Club’s Annual General Meeting.
ii. Nominations for the Captain (Male), and the Men’s Selection Committee shall be made by eligible Men members only, and for the Captain (Female) and the Ladies’ Selection Committee by eligible female members only.
iii. In the event of the nominee/nominees for the offices of the President, and/or Captains withdrawing their nominations within seven days prior to the close of nominations, an extension period of seven days will be granted for further nominations to be made.
iv. Suitable nomination forms shall be made available by the Secretary, and only one nomination may be made on each form, which shall state the office for which the Member is nominated. Such nomination forms must be signed by both the proposer and the seconder, and counter-signed by the nominee, and the Secretary upon receipt thereof shall immediately display all nominations on the Club Notice Board.
v. Should the number of nominations received by closing date, in respect of any category of office, equal the number required to fill such post or posts then those nominated shall be declared duly elected at the General Meeting.
vi. Should the number of nominations received by closing date in respect of any category of office exceed the number required to fill such post or posts, the names of all nominees shall be submitted to the General Meeting for election by ballot in respect of those offices for which the number nominated exceeds the number required. Should a physical General Meeting not take place due to Force Majeure, an electronic voting system will be used to elect committee member.
vii. An elected Executive Member, but not the President or Club Captain may also be elected to the post of a Selector. A member having been elected to the Executive and to the post of a Selector may not be appointed to the post of Competition Secretary.
viii. Should insufficient nominations be received by the Secretary by the closing date, the Chairperson shall, at the General Meeting, call for additional nominations. Should the nominations from the floor exceed the number SEVEN required, then only these additional nominations shall be subject to a ballot in order to fill the remaining places.
ix. Should insufficient nominations be made at the General Meeting, those nominated shall be duly elected and the General Committee shall, in terms of Clause 10.e.i., appoint eligible Club members to fill any vacancies.
x. The results of a physical or electronic voting/ballet system shall be binding.
b. Appointment of Office Bearers and Committees
i. The Executive Committee shall within FOURTEEN (14) days after the A.G.M. allocate the following portfolios among the members of the Executive Committee: Marketing, Greens, House and Catering, Bar, Technical Officials, Events and Entertainment and Coaches.
ii. These Executive Members shall, within TWENTY-ONE (21) days after the AGM, be responsible for constituting the Committees referred to in b.(i). above:
iii. The Captains, in consultation with the Executive Committee shall, within TWENTY ONE (21) days after the AGM, appoint the Competition Secretaries and the Duty Officers.
c. Replacement of President and Captains
i. In the event of the offices of President and/or the Captains becoming vacant, for whatsoever reason, within the ten-month period following an Annual General Meeting, the replacement for any of the vacancies shall be decided at a Special General Meeting of Members, to be held within TWENTY-ONE (21) days of a vacancy occurring.
ii. Nominations for replacements shall be dealt with in accordance with the procedure laid down in Clause 10.a.iv, and shall be lodged with the Secretary not later than seven days prior to the advertised date of the Special General Meeting.
iii. Should a Captain be nominated for the vacant office of President, then nominations shall automatically be open for the relevant Captain’s office and such nominations shall be lodged with the Secretary within SEVENTY-TWO (72) hours prior to the advertised time of the Special General Meeting. The Secretary shall keep members advised of such events by way of immediate notice on the Club Notice Board.
iv. Election for the vacant offices shall be in accordance with Clauses 10.a.vi. and 10.a. viii.
v. Should only one nomination be received for each vacant office, the Secretary shall declare those nominated duly elected, the Special General Meeting shall be cancelled, and the Club Members shall be informed immediately by way of notices on the Notice Boards.
vi. Any other Executive Committee vacancy arising out of the replacement of the Offices of the Presidents and/or Vice-Presidents shall be filled by the General Committee, as provided for in Clause 10.e.i.
vii. In the event of the Offices of the President and/or Captains becoming vacant within the SIXTY-TWO (62) day period preceding an Annual General Meeting, the Executive Committee shall have the power to appoint an Acting President and/or Acting Captain.
viii. The Executive Committee shall have the power to appoint temporary replacements for the office of President and/or Captain if they are, for any reason whatsoever, absent for a period of up to two months. If absence exceeds the TWO (2) month period the replacement shall be in accordance with the foregoing Clauses 10c.i. to 10.c.vii.
d. Replacement of Members of the Selection Committees
If for whatever reason one of the five elected members is unable to serve on their respective Selection Committees, then the respective Captain shall act as the replacement until such time as the FOUR (4) remaining selectors and the respective Captain appoint a replacement.
e. Replacement of Committee Office Bearers
i. The Executive Committee shall have the power to appoint any eligible Club member to fill vacancies which may occur on the Executive Committee, except for the replacement of the President and the Captains, which shall be as laid down in the Constitution under Clause 10c.
ii. The President in consultation with the relevant member of the Executive Committee and the Convenor of the particular Committee shall have the power to appoint replacements to fill vacancies which may occur on their respective committees.
11. ANNUAL GENERAL MEETING (AGM)
a. The Annual General Meeting (AGM) shall be held in July but not later than 31st July in each year, when the President of the Club shall present a report, together with a Financial Statement, of the proceedings of the Club for the past year. The Report and Financial Statement shall be forwarded to members, with the Notice convening the meeting, at least FOURTEEN (14) days prior to such meeting.
b. Notices of motion which any member may require to be dealt with at the AGM shall be notified to the Secretary, in writing, by not later than THIRTY (30) days before the AGM. All such motions shall be included in the Notice of Meeting, and the proposer’s name given. Only such motions so received shall be dealt with at the AGM.
c. Subscriptions, in accordance with the Rules under Clause 19, shall be fixed each year by the Annual General Meeting.
d. Auditors shall be appointed yearly at the AGM.
e. Should there be in the opinion of the Executive Committee a compelling reason or a Force Majeure event the AGM may be held as a virtual meeting with electronic voting.
12. SPECIAL GENERAL MEETINGS (SGM)
a. Special General Meetings may be called at any time by the Executive Committee or shall be called upon the requisition in writing or by email, to the Secretary, of at least TWENTY (20) Members entitled to vote. The Special General Meeting shall be held within TWENTY-ONE (21) days from the date of receipt of such requisition.
b. Notice of a Special General Meeting must be forwarded to Members at least FOURTEEN (14) days prior to the date of such meeting, stating the purpose for which it is called. Only such business shall be dealt with.
c. Notices for Special General Meetings dealing with replacement of the President and/or Vice-Presidents shall be as provided for in Clause 10.
13. QUORUMS
a. The quorum for all General Meetings, including the AGM, shall be one third of the Members in good standing who are entitled to vote.
b. If, at the expiration of THIRTY (30) minutes after the hour at which any General Meeting and/or AGM is appointed to be held, a quorum shall not have assembled, the meeting shall be adjourned by the Chairman of the meeting to a date to be fixed by the Executive Committee and FOURTEEN (14) days’ notice shall be given of such date. In the event of no quorum being obtained at such adjourned meeting, those members present and entitled to vote shall constitute a quorum for the purpose of such meeting.
c. The quorum for the Executive Committee Meetings shall be five members.
d. The quorum for Selection Committee Meetings shall be three members.
14. VOTING
a. At all General Meetings voting shall be by show of hands except as provided for under 10.a.vi, 10.a.viii, and 22b. It shall, however, remain the prerogative of any Member with voting powers to request the Chairman of the Meeting to take the vote on any issue “by ballot” and in the event of such a request being seconded by a further Member, the Chairman shall be obliged to grant such a request; there shall be two scrutineers for the ballot, one of whom shall be nominated by the Chairman and one by the meeting. Should a ballot be required a written or email request must be sent to the Secretary at least SEVEN (7) days before the General Meeting is to take place. This will allow the secretary enough time to prepare the ballots.
b. Each Honorary Life Member and each Playing Member with voting rights personally present at a General Meeting of Members shall be entitled to one vote on a show of hands or by ballot.
c. A member with voting rights who is unable to attend a General Meeting of members shall be entitled to vote by Proxy, provided that the member advises the Secretary in writing the reasons for his inability to attend and requests the Executive Committee to provide the prescribed Proxy Form relative to that Meeting and provided that the completed Proxy Form is returned to reach the Secretary at least three days prior to the Meeting.
d. Social members may attend a General Meeting of members but shall not have the right to vote at the meeting.
e. A member who has been disqualified from voting or has been deprived of any rights or privileges or has been called on to resign shall not be entitled to attend or vote at any General Meeting.
f. At the AGM, only male members shall be eligible to vote at the election of the Men’s Captain and the Men’s Selection Committee, and only female members shall be eligible to vote at the election of the Ladies’ Captain and the Ladies’ Selection Committee.
g. Within 30 days after the AGM the Secretary shall post on the Notice Board a list of all the Office Bearers and Committee Members, WP Delegates, and Coaches, showing their designated appointments and telephone numbers.
h. The President of the Club shall have a casting vote, in addition to his/her deliberate vote, at all General Meetings.
15. COMMITTEE MEETINGS
a. The President shall call an Executive Committee Meeting as soon as possible after each Annual General Meeting at which the following matters shall form part of the Agenda:
i. Allocation of portfolios.
ii. Issue of duty sheets.
iii. Appointment of Committee Chairpersons, W.P. Bowling Association Delegate and Alternate.
iv. Lines of communication and responsibilities of Captains and executives relative to the Club Committees.
v. The Club’s Annual Programme.
vi. The Club’s Membership Policy.
vii. The Club’s Development Programme.
b. A regular meeting of the Executive Committee shall be held at an agreed date once a month.
c. Additional Executive Committee Meetings shall be held as and when considered necessary by the President or on the receipt of a request from the Captains.
d. Any Member of the Executive Committee being absent from THREE (3) consecutive meetings, without leave of absence, shall vacate his/her seat.
e. The Secretary shall keep proper Minutes at Executive Committee Meetings.
f. The President shall ensure that the committees referred to under Clauses 10.b.i and iii meet as and when required, to ensure effective administration and control of the activities for which they are responsible.
g. The Membership Committee shall meet as and when deemed necessary, to consider proposals for membership, arising from the procedures laid down in Clause 23.
16. POWERS OF THE OFFICE BEARERS AND COMMITTEES
a. The Executive Committee shall have full power to transact all business of the Club. It shall have the power to appoint any person or firm to act for the Club in legal matters and for the purpose of executing powers, contracts and documentary acts or deeds and to defend any action of law.
b. The Executive Committee shall not, however, have the power to transact any business, in excess of R200 000, which amount may be amended from time to time by a majority vote at an AGM without the prior authority of a SGM of Club Members in respect of:
i. Clause 3c in so far as it relates to movable property.
ii. Clause 3d in so far as it relates to the construction of or addition to any Club building or bowling greens.
iii. Clause 3e in so far as it relates to the borrowing of money or the lending of funds of the Club.
c. The Executive Committee shall have the power to appoint any Special Sub Committees that may be required, delegating to them such powers as may be deemed to be necessary.
d. The committees referred to in Clause 10.b.i and iii may, with the approval of their respective Chairperson/Convenor, establish from time to time, as may be required, subcommittees of Club members to assist in the control and management of the various activities for which they are responsible.
e. Office Bearers and Committees who have direct control over Club staff and labour shall recommend, through the President, to the Executive Committee all matters relating to employment.
f. The Club shall have the power to defend any action at law in the name of the Club when authorised to do so by the Executive Committee. The President of the Club will represent the Club in all legal actions.
g. The Secretary shall report on membership at all monthly Executive Committee Meetings.
17. FINANCE
a. The financial year of the Club shall be from 1st June in each year to the 31st of May of the following year.
b. The Executive Committee on recommendation of the Financial Controller shall have the power to invest the surplus funds of the Club.
c. The funds of the Club shall be lodged with approved Financial Institutions in the name of the Club. All payments made from the Club’s bank accounts must be scrutinised by the Financial Controller.
d. The Executive Committee shall ensure that proper books of account are kept and audited each year by the Auditors appointed at the AGM.
e. All Office Bearers may claim from the Financial Controller any reasonable out of pocket expenses which may be incurred by them or their assistants.
f. All financial gain arising from Club events, such as Catering, Bar Trade, Sponsorships, Entertainment, Social Activities, and other Club Activities shall accrue to Club Funds unless the event has been staged for charitable purposes approved by the Executive Committee.
g. Club members providing any form of service/work to the Club will only be remunerated/reimbursed for their services once a formal quote is received and approval obtained from the Executive Committee before the service/work is rendered. The remuneration or reimbursement must be of a reasonable and market related sum. The remuneration must be approved by a unanimous vote of the Executive Committee.
h. Should any long-term service/work be required from a Club member – a formal contract will be put in place between the Club and the Club member. The remuneration or reimbursement must be of a reasonable and market related sum. The remuneration must be approved by a unanimous vote of the Executive Committee.
18. INSURANCE
a. The Executive Committee shall insure all assets of the Club for whatever amount they consider advisable. As the placing of building insurance is the responsibility of the Lessor, it is incumbent upon the Club to advise the Lessor of any improvements to the building.
b. Members and visitors to the Club shall be insured against accidents by way of Public Liability Insurance.
c. Employees of the Club shall be insured under the terms necessary to comply with all legislative requirements.
d. A Staff Provident Fund shall always be retained.
e. The Club shall not be responsible for the loss, through any cause, of members’ personal effects brought into, stored or left on the Club premises.
19. SUBSCRIPTIONS AND FEES
a. The annual Member subscriptions, shall be fixed at the AGM each year.
b. The Executive Committee shall approve the charges for catering, Club competition entry fees, Visitors fees, Locker fees, Tabs-in fees as well as a separate refreshment fee over and above the tabs-in fee should refreshments be served (to include the cost of tea or coffee regardless of whether or not they are consumed or drunk), bar prices, and all other charges relating to bowling events and functions staged at the Club.
c. Members of the various committees may not on their own change any prices or practices unless such change has been approved by the Executive Committee.
d. Annual membership subscription fees shall be payable in full SIXTY (60) days after the AGM; any Playing Member who fails to pay such fees and who have not been granted relief in terms of clause 19 (f) shall no longer be permitted to vote at any meeting nor shall they be permitted to play bowls at the Club nor in any provincial or national or international event or enjoy any other membership rights.
e. Any Member suffering unforeseen financial hardship may apply to the Executive Committee for a reduction in Annual Subscription and the Executive Committee shall have the power to grant an extension, monthly payment or reduction of such subscription. Such payment agreement shall be of no longer duration than one bowling season but may be reconsidered each season.
f. New members, that is a member who was not previously a member of CBC, duly elected during the course of the financial year must pay all dues immediately upon election, and if such dues remain unpaid they shall not be entitled to any rights and privileges of membership until such fees are paid.
g. New members, that is a member who was not previously a member of CBC, who have been accepted by the Membership Committee after the 1st November shall pay one half of the annual subscription and after the 1st March, shall pay one quarter of the annual subscription. All other fees that may be due shall, however, be paid in full irrespective of date of acceptance.
h. The Executive Committee may grant a visiting Bowler, who is affiliated to any Bowling Association outside of the Western Province, playing facilities in excess of one-month subject to advance payment of a fee, determined by the Executive Committee, which shall not be less than one-sixth of the Annual Subscription Fee in force at the time in respect of every month or portion thereof in which he is granted such facilities.
20. SELECTION COMMITTEES’ DUTIES
These duties include:
a. The selection of teams for Western Province Bowling Association competitions and any other games in which the Club is officially represented.
b. The selection of teams to represent the Club in National Tournaments.
c. The selection of FOUR (4) seeds for the Men’s Open Singles competition, such selections to be based on a 3-year record in that competition.
d. The grading of playing Members.
e. Members of Selection Committees, who are candidates for election for National Tournaments, shall not be eligible to serve on the committees for the purpose of selection of such teams and in such cases, replacement on the committees shall be in accordance with Clause10.d.
21. COMPETITIONS
a. All Club Competitions, shall be managed by the Club Competition Secretaries who shall:
i. arrange draws and display them on the Notice Boards.
ii. decide on dates and times of various rounds.
iii supervise the playing off of all competitions by fixed dates and/or settle any dispute in the event of failure on the part of any competitor to complete any round by the fixed date.
b. Any Member who enters for the Club’s Singles Championships competition shall not be permitted to take part in the Singles Championships of any other affiliated Bowling Club in that season.
This rule shall always be quoted by the Club Competition Secretaries in the notices inviting entries for the Club’s Singles Championships. Failure to do so, however, shall not constitute a valid excuse for any member contravening this rule.
c. To enable competitions to proceed according to schedule, the Club Competition Secretaries shall have the power to disqualify any competitor in default who has not played the games on or before the dates as notified by the Competition Secretary.
d. The Events Committee shall appoint Convenors responsible for the management and supervision of Events.
e. The Technical Official shall, when called upon by the Club Competition Secretaries and/or Project Competition Convenors, arrange for Umpires and/or Markers for games played on the Club Greens.
22. MEMBERSHIP
a. Membership shall consist of:
i. Honorary Life Members
ii. Playing Members
iii. Social Members
b. Honorary Life Membership may be conferred on any member, having completed 10 years’ continuous membership and who has rendered outstanding service to the Club. When considered appropriate, the Executive Committee shall appoint a sub-committee, comprising of two Past Presidents, (preferably one of each gender) and one Honorary Life Member, to investigate conferment of Honorary Life Membership and to present to the committee a motivated recommendation for their consideration.
Only the Executive Committee may recommend such conferment at a General Meeting and approval shall require a favourable vote of two-thirds of those present and eligible to vote, by ballot if deemed necessary.
Individuals granted Honorary Life Membership shall have the right to enjoy all the benefits accorded to Full Playing Members (as outlined in the By-Laws) and shall only be required to pay annual BSA and WPBA affiliation fees if they choose to continue participating in bowling activities.
c. Playing Members are members, who have paid an Annual Subscription for Playing Membership, the rights and privileges of which are defined in the By Laws.
d. Social Members are non-playing members who having paid the financial dues, as determined by the Executive Committee, shall be entitled to the full use of the Club facilities, other than playing facilities, but shall not have the right to vote at Club meetings, nor be eligible to serve on any Club committee. Notwithstanding the above, social members shall be entitled to participate in any informal game or competition arranged by the Events Chairperson or the Events and Entertainment Committee.
e. Playing members of other Clubs affiliated to B.S.A. may be accepted as Social Members, except that they shall be entitled to play tabs-in games at a fee applicable to that of playing visitors.
f. Application for any category of Membership, other than Honorary Life Membership, shall be in accordance with the procedure as laid down in Clause 23 hereof.
g. Any change in Membership category shall be by written application to the Secretary and subject to approval by the Executive Committee.
23. APPLICATION FOR MEMBERSHIP
a. New members will complete an Application Form. All applications for membership shall be proposed and seconded by existing Members and be signed by either both Club Captains or the President and one Club Captain.
b. The Application form, in the case of applicants who are or have been members of Clubs affiliated to Bowls S.A., shall be accompanied by a Bowls S.A. Clearance Certificate from their former Club(s) before the application will be considered.
c. Immediately upon receipt thereof, the Secretary shall post copies of the applications on the club notice boards, after which members will have FOURTY EIGHT (48) hours to lodge an objection.
d. Any objections will be referred to the membership committee that will then have SEVEN (7) days to convene and vote on the matter. The result of voting shall be by a simple majority. New membership applications can only be denied if there is a serious concern and cannot be unreasonably withheld. The decision of the membership committee is final.
24. RESIGNATIONS
a. Members have FOURTEEN (14) days from the date of the AGM to notify the Secretary. of the Club in writing or email of their intention to resign.
b. Any member failing to give such written notice may be held liable for the subscription for the forthcoming year. The Executive Committee, however, shall have the power, under exceptional circumstances, to abstain from enforcing this Rule.
25. THE GREENS
The Greens Committee shall have sole control of the Club greens and shall be responsible thereof, only to the Executive Committee.
26. PLAYING SEASON
a. The dates of the opening and closing of the greens for the season shall be decided by the Executive Committee in consultation with the Greens Committee.
b. After the official opening date, the greens may be opened for play as arranged by the Executive Committee in consultation with the Greens Committee. Rinks upon which play may take place during this period shall, in all cases, be allotted by the Greens Committee.
c. The official closing date of the season shall be decided by the Executive Committee in consultation with the President and the Greens Committee.
27. VISITORS
a. The greens may be open for play to members of other Bowling Clubs affiliated to the Western Province Bowling Association and such visitors shall pay the fees as laid down from time to time by the Executive Committee.
b. Any visiting Bowler who is a member of a Club affiliated to a Bowling Association, outside of the Western Province, may be granted the facilities of the Club on payment of a fee. However, any such visiting bowler desiring playing facilities in excess of one month shall make application to the Executive Committee regarding the extended facility and shall pay such fees as shall be determined by the Executive Committee in accordance with Clause 19j.
c. Such visiting bowler shall not be eligible to participate in the Member Club Competitions.
d. Visiting players having paid the financial dues and non-playing visitors having signed the visitors’ register shall be regarded as Temporary Members of the Club for the duration of their visit, and as such shall be entitled to the full use of the Club facilities.
e. Members shall at all times be given preference over visitors should there be odd numbers or should there be more players than can be accommodated on the day.
28. COMPLAINTS
a. Any member having a complaint to make shall submit same in writing through the Secretary to the Executive Committee. It is expressly laid down that any member who may have a complaint to make against any decision or action of any Committee or Sub- Committee of the Club shall have the right to appeal in writing to the Executive Committee. The Executive Committee shall have the right to confirm or alter any disputed decision and take such action as it may consider necessary. The executive Committee may call upon the disputant/s concerned to give evidence before it.
b. The decision of the Executive Committee shall be accepted by the parties concerned as final and precluding any recourse to proceedings at law.
29. DISCIPLINE
Any of the Executive members has the authority to forthwith suspend a member pending a disciplinary hearing if in the opinion of the Executive member, the alleged offence is of such a serious nature that the members continued presence on the Club’s premises would be prejudicial to good order.
A Disciplinary Committee shall be appointed by the Executive Committee.
Should any member, in the opinion of the Executive Committee, be guilty of improper, dishonest, unsportsmanlike or unacceptable conduct, or fail to make any payments of monies due to the Club, or be guilty of conduct unbecoming or prejudicial to the interest of the Club, whether within the Club’s precincts or outside them, or refuse to comply with any decision of the Executive Committee, then the Executive Committee shall refer the issue to the Disciplinary Committee. The Disciplinary Committee shall have the following powers:
a. Reprimand such member.
b. To deprive such member of any or all rights and privileges of membership during such time or period as the Disciplinary Committee in its absolute discretion may deem fit and advisable.
c. To call upon such member, in writing through the Secretary, to resign, and if such member fails to resign within SEVEN (7) days to expel such member.
d. To call upon such member to appear before the Disciplinary Committee and there to explain his or her conduct, and should such member fail to appear when called upon, to expel or deal with such member in such a way as the Disciplinary Committee in its discretion may deem fit. Provided, however, that the Disciplinary Committee shall not exercise the powers as in (a), (b) and (c) above unless and until the Disciplinary Committee shall have given him or her the opportunity to appear before it, at such time and place as in its discretion it may deem fit, to explain his or her conduct. At any such hearing the Disciplinary Committee shall fix the procedure to be adopted, and the Disciplinary Committee shall have the power to summon any member or any other person to appear before it to give evidence for or against such member, and such member shall have the power to cross-examine any witness, and shall have the like power to tender the evidence of any other member or person he or she may deem fit.
e. Any member who has been deprived of their rights in (b) above or compelled to resign or has been expelled as in (c) above shall have the right to appeal to an Executive Committee Meeting specially called for that purpose. If any aggrieved member should decide to exercise the right of appeal, he or she shall in writing notify the Secretary of such decision, and the Secretary shall thereupon summon an Executive Committee Meeting. A majority decision of the members present at such a Committee Meeting shall be binding on the Club and the aggrieved member and be final precluding any recourse to proceedings at law.
f. The club shall accept and abide by the spirit and terms of the South African Institute for Drug Free Sport (SAIDFS) Anti-Doping Programme and the Anti Doping Rules, including the application of its sanctions to individuals and shall respect the authority of an co-operate with SAIDFS and the hearing bodies in all anti-doping matters which are not governed by the rules of the relevant International Federation.
g. The club and its members shall abide by all agreements entered into between Bowls South Africa and any authority relating to the promotion, control or testing of prohibited substances and drug use by any member of any club in the republic of South Africa.
h. The club through its Executive Committee shall be obliged to take appropriate disciplinary action against any of its individual members who contravene any applicable code of conduct, rule, by-law or resolution by the Executive committee, WPBA or BSA or who commits any act deemed to be harmful to the sport of bowls or any other member or person at any club, bowls facility or bowls event or any other act which brings the sport into disrepute.
30. LIQUIDATION AND DISPOSAL
a. The Club may not be liquidated without the sanction of a vote of seventy-five percent of the Members present and entitled to vote at a properly constituted General Meeting, not less than FOURTEEN (14) days’ notice of which shall have been given.
b. Disposal of any assets remaining after liquidation shall be authorised by not less than 75% of the members present at a Special General Meeting called for that purpose.
c. If upon dissolution of the Club there remain any assets whatsoever after the settlement of all debts and liabilities, such assets shall not be paid to or distributed amongst its members but shall be transferred to any recreational club or public benefit organisation which has been approved by SARS, as may be decided by its members at the Special General Meeting at which it was decided to dissolve the Club or, in default of such decision, as may be decided by the Western Province Bowling Association.
31. RIGHT OF ADMISSION
The right of admission to the Club premises is strictly reserved.
32. LIQUOR LICENCE
a. The liquor license of the Club shall be applied for and held in the name of the Club.
b. No profit from the sale of liquor by the Club shall accrue to any individual.
33. NON-PROFIT ASSOCIATION
The CLUB shall:
a. Exist in its own right, separately from its members and Office Bearers, and continue to exist even when its membership changes and there are different Office Bearers.
b. Be able to own property and other possessions.
c. Be able to sue and be sued in its own name.
Members and / or Office Bearers shall:
a. Not have any rights over assets of the CLUB.
b. Not be entitled to any income or assets of the CLUB. (Other than reasonable reimbursements made for work done for the CLUB).
34. FORCE MAJEURE
a. Force majeure means and all acts or events that are neither controllable or predictable and therefore independent of the will of any Party or of its subcontractors, especially but not limited to any act of God, fire, theft, explosion, war, riot, revolution, strike or other industrial action, earthquake, tidal wave, essential supply difficulties, political turmoil, pandemic and irremediable non performance by a third party.
b. Should the club be exposed to any of the events as stated in 34 a. the Executive Committee in consultation with other parties (if required) will take the necessary steps and actions to protect the club, its members and employees. These steps and actions will be communicated to members and employees so as to prevent further damages to members and employees. Club members and employees are required to abide by these rules and regulations.
c. In certain cases, these steps and actions may contravene certain aspects of the Constitution and will be allowed to be implemented even if they do so. Once normality resumes these steps/actions will be removed and the functioning of the club will revert to the Constitution and By-Laws approved by members.
ADOPTED: 30 May 1998
AMENDED: 26 July 1998
25 July 1999
23 July 2000
22 July 2001
21 July 2002
14 March 2011
29 July 2012
7 November 2013
27 July 2014
26 July 2015
31 July 2016
30 July 2023
4 April 2024
Appendix A
CONSTANTIA BOWLING CLUB
BY-LAWS
1. LAWS OF THE GAME
Amended 21st August 2023.
The South African “Laws of the Game of Bowls”, the Western Province Bowling Association Constitution and any rules or by-laws framed hereunder shall be binding on all Club members.
2. NUMBER OF PLAYING MEMBERS
The number of Playing Members shall not exceed 350 in total.
3. GREENS AND RINKS
a. Rink requirements must be requested in advance from the Greens Committee.
b. The Greens Committee shall allocate the greens and rinks available for play and practice. Play shall not be permitted outside of playing days and times without the specific approval of the Greens Committee.
c. The Duty Officers shall, on playing days, allocate from the available rinks those for the tabs-in draw, those for the competitions draw, those for Selectors trial games and those for bounce games.
d. In all Club competitions and friendly games, the rinks on which games are to be played shall be drawn.
4. TABS-IN / SNOWBALL
Playing days as follows:
• Tuesday (9.00am start)
• Wednesday 1.30pm (Winter) or 2.00pm (Summer)
• Saturday 1.30pm (Winter) or 2.00pm (Summer)
• Public Holidays (9.00am start or at a time decided by the Executive committee)
Notwithstanding the foregoing, the duty officer shall on all days endeavour to accommodate as many players as possible on the available rinks.
a. The General Committee may, if they deem it necessary, decide on a different allocation of rinks to cater for special circumstances.
b. On Tabs-in /Snowball playing days Tabs-in / Snowball shall take rink preference over Club member competitions.
c. By prior agreement with the Greens Committee, competitions may be played on Saturday mornings and/or Sundays.
d. Members and visitors must put their tabs in no later than 30 minutes before the scheduled start time.
e. No tab will be accepted if the player is not present at the times given in By-Law 4 unless specifically authorised by the Duty Officer.
f. Tabs-in teams shall always be decided by a “blind” draw, which shall be arranged and supervised by the Duty Officer who has sole authority to amend the draw.
g. A minimum of two (2) rinks shall be set aside for “tabs-in” play for those Club members not participating in weekday or weekend WPBA and/ or Open Competitions (those open to aspiring bowlers and members of other Bowling Clubs).
h. The Executive Committee shall have the power to allocate all rinks for Special Competitions to be held at the Club and at least one week’s notice shall be posted on the Club Notice Board advising members thereof.
i. When more players are present than can be accommodated on the available rinks, a blind draw shall take place to determine who should shall stand down. Visitors who are potential new members and visitors outside of the WPBA District shall have precedence over Club members.
Club members have preference over visitors from other Clubs in the WPBA District.
The Club members who stand down shall have their Tabs marked to ensure they receive preference for the rest of the season.
j. On mixed tabs-in days after the open draw has been completed the Duty Officer shall have the power to amend the draw, if necessary, to ensure an equitable mix of Men and Women on each rink.
k. After the open draw has been completed the Duty Officer shall have the power to amend the draw to correct errors and to meet exceptional specific requests made by the Selection Committee.
l. Tabs for the draw must be arranged strictly in accordance with the members’ grading and ranking, as set by the Selection Committee.
m. A fee of R20-00 (or such fee set from time to time by the Executive Committee) shall be payable by all players.
5. COMPETITIONS
a. The Convenor of a Special Events Competition shall enter in the Electronic Calendar (at least 30 days in advance) the number of rinks required for the special competition.
b. Immediately notice is received from W.P.B.A. the Competition Official shall enter in the “Diary” the type of W.P. Competition and the number of rinks required.
c. Men’s and Women’s Competition Secretaries shall meet regularly and timeously to liaise and take cognisance of W.P.B.A. competition requirements and agree the number of rinks required for Club member competitions to be played on any of the playing days.
Cognisance shall always be taken of the need to allow for adequate tabs-in play which will have preference over competition requirements.
Competitors taking part in Singles Matches must be prepared to “double bank” when called upon to do so.
The Duty Officer shall have the power to decide on “double bank” singles play to ensure that preference is given to tabs-in and other competition games involving more than two players.
d. All matches shall be played on the notified date and time. A Member unable to play, for whatsoever reason, on the notified date and time shall forfeit the match.
e. A member may give prior written notice with reasons, to the Competition Secretaries, regarding the day and/or period of time when he/she is unable to participate in a match. The Competition Secretaries shall endeavour to accommodate prior requests for postponement of participation, but such postponement shall not be in excess of two weeks, unless approved by the Competition Secretaries.
f. Members shall have no authority to change the notified dates and times given on the notice boards.
g. Members wishing to participate in the National Bowls Tournament shall put their names forward for Club Selection.
h. Where the Club has entered, and has paid the entrance fee, for a selected individual, or a selected team to represent the Club in any competition or tournament, any financial prize arising out of the achievement of the Woman participant(s) shall accrue to the Women’s Trust Account, and any financial award arising out of the achievement of the Men participant(s) shall accrue to the Men’s Trust Account.
6. TRIAL AND BOUNCE GAMES
a. The Selection Committees shall have the power to arrange trial games and requests for rinks must be requested from the Greens Committee at least four days in advance.
b. Playing members may arrange bounce (social) games at any time outside of normal tabs-in / Snowball games and Mondays.
c. Selectors Trial Games and Club Member Competitions shall take preference over Bounce games.
7. CONDUCT ON THE GREEN
Players and spectators shall conduct themselves in accordance with the standards laid down in the booklet “The Etiquette of Bowls” which is available from the Secretary.
8. CHILDREN
Children are not allowed in the Club grounds or the Club House unless they are in the care of an adult member. Members and parents are expected to prevent children from going onto the greens at any time or damaging Club property.
9. NEW BOWLERS
It shall be incumbent on any member who has proposed a beginner for Club membership to ensure that such new member receives the necessary coaching and instruction on the 22 Rules and the art of playing the game of bowls. The proposer must also make the new member aware of the Club’s Constitution and where it can be viewed.
10. NON-BOWLERS
No person, who is not a member of a recognised Bowling Club, shall be permitted to play on the Club Greens unless he or she is accompanied, on any one rink, by at least one Club member.
11. HONOURS BOARD
Acknowledgement of achievement for recording on the Club House Honours Board shall be as follows:
a. Individual names with date of winners of W.P. or National Competitions. W.P. Men’s Flag and Ladies’ Muter names will not be recorded, only the event and the date when won.
b. Individual names with date of Club member W.P.B.A., or B.S.A. President, Club President and Club Singles Champions.
c. Individual names with date when selected and having played for W.P. or S.A. in tournaments under the auspices of B.S.A.
12. SMOKING
a. The whole Club House was declared a non-smoking area on 22 July 2001, and this also includes the use of E-cigarettes.
b. No smoking (including the use of e-cigarettes) to be consumed on any green. Smoking will be allowed at a distance of 2 meters from the green.
13. DRESS CODE
Club colours must be worn for all Inter-club, District and National competitions, invitational events and all Club competitions.
Club colours are the green, yellow and white shirts, white slacks or shorts. Teams may wear black slacks or shorts as long as they are worn uniformly by the team.
For competitions taking place over a number of successive days, club colours may be substituted by older club shirts or plain white shirts or sponsor’s shirts provided all team members wear the same shirts. Members reaching the play-off stages of such competitions must then wear the current Club colours.
The Dress Code for sponsored events is decided by the respective Competition Convenor.
For Tabs-in and all other casual / informal bowls events including Hurricane Pairs and Two-Wood Singles members may wear club colours or informal attire (also referred to as mufti attire).
Informal attire may not be worn on greens being used for Inter-club or District events. Footwear must conform to WPBA Conditions of Play as published in their handbook. For ease of reference the regulation currently states:
Players, Umpires and Markers shall wear conventional shoes or sports shoes which have a continuous smooth sole or a sole with a channel rise in the middle of the sole, as long as the sole is clearly in one piece and the heel area does not sit at a different height to the front of the shoe. To assist in traction, the sole can have indented grooves up to 2 mm (thickness of a matchstick), but no protuberances. The width of the rear part of the shoe shall be at least 50% of the widest part of the sole. Conventional sandals are acceptable providing they have a back strap (and socks are optional). The District reserves the right to allow or disallow the use of specific colours and brands of footwear.
14. HOUSE RULES/CODE OF CONDUCT
In order to harmonise the relationship between members of our Club and the VOB Running Club a Code of Conduct, separate to these by-laws, will apply equally to members of both clubs. This code can be seen on the club notice boards.
15. PLAYING MEMBERSHIP RIGHTS
1. Full Playing Members in good standing shall be entitled to:
a. vote at General Meetings.
b. support requisitions for Special General Meetings.
c. stand for election to any Committee or Office of the Club, subject to 15 (4) below
d. play in Club competitions, provided they have not represented another club in the same competition; and
e. represent the Club in competition.
2. Dual Playing Members in good standing shall be entitled to:
a. play in Club competitions, but they cannot enter the Club’s Singles Championships if they are taking part in the Singles Championships of another affiliated Bowling club within the same year; and
b. represent the Club in competition.
3. Social Playing Members in good standing shall be entitled to:
a. play up to a maximum of 3 hours per week in internal bounce, tabs-in and snowball games.
No member who has been elected or co-opted, or in any other way appointed, to any Office or Committee of any other bowling club affiliated to the Western Province Bowling Association shall be eligible to be appointed in any way to any Office or Committee at Constantia Bowling Club.
