Official Constitution

CONSTITUTION OF THE

QUARRY KWAGGAS

ENDURO – MX – ENDURO-X CLUB

  1. NAME – QUARRY KWAGGAS ENDURO-MX-ENDURO-X CLUB

    1. The name club shall be called the “Quarry Kwaggas Enduro - MX - Enduro-X Club” and will have its headquarters in Pretoria – Tshwane, South Africa.
    2. The Physical Address of the Club is 33A Waterson Avenue, Kilner Park, Pretoria/Tshwane, South Africa, 0186.
  2. VISION & MISSION STATEMENT

    1. The Vision of the Club is to develop, support and advance offroad motorcycling with emphasis on enduro, moto-cross and enduro-x riding for all its members.
    2. The Mission of the Club is to support each other in the development of enduro, MX and enduro-X riding skills and to be the No. 1 Club in the East of Tshwane.
  3. NON PROFIT CLUB CLUB

    1. The Club is a non-profit club, an association, consisting of members but with an Identity and existence distinct from its Members.
    2. All funds and assets belong to the Club and such funds/assets may only be utilised for the benefit and promotion of the Club and all of its members. The club is a voluntary association and Members of the Executive Committee are bound by the common law fiduciary duty to act in good faith and avoid conflict of interests in their dealings with the Club.
    3. The continued existence of the Club is hereby ensured and shall be separate from any change in membership or composition of the Club or Executive Committee.
    4. The Club is and shall continue to be a distinct and separate legal entity, and has all the power to acquire, to hold and to alienate property of every description whatsoever and with the capacity to acquire rights and obligations and having perpetual succession.
    5. The Club is and shall be a juristic person and can act and be acted against in its own name and has all the legal powers and capacity of an individual except to the extent that: (a) a juristic person is incapable of exercising any such power, or having any such capacity; or (b) this CONSTITUTION places restrictions on the powers of the Club.
    6. The property and funds of the Club vests in the Club as a juristic person and no member of the Club shall be liable for any debts which the Club may incur.
    7. Members or office-bearers have no rights in the property or other assets of the Club solely by virtue of their being members or office-bearers.
  4. INTERPRETATION

    1. Executive Committee: shall mean the Executive Committee of the club.

    2. CONSTITUTION may also refer to “Constitution” or “Full Constitution”

    3. Club: shall mean the Quarry Kwaggas Enduro - MX - Enduro-X Club

    4. Member shall mean a person being a REGISTERED member of the club, who has paid all monies due and payable under these rules.

    5. Corporate Membership shall be companies or businesses who have paid corporate membership fees and or have pledged a year’s sponsorship to the Club in the form of funds, prizes, equipment etc. to the value of no less than the annual membership fee for Corporate members

    6. AGM – Annual General Meeting

  5. EXECUTIVE COMMITTEE

    1. Members:

      1. President: shall mean the President of the club.

      2. Vice-President shall mean the Vice-President of the club.

      3. Secretary: shall mean the Secretary of the club.

      4. Treasurer: shall mean the Treasurer of the club.

      5. Secretary: Youth Development: Shall mean the Secretary dealing with matters relating to the development of young riders under the age of 18.

      6. Secretary: Races & Events: Shall mean the Secretary dealing with matters relating to Races & Events

      7. Secretary Social Media: Shall mean the Secretary dealing with the popularisation of the Club on Social Media platforms.

    2. Quorum:

      1. A Club Meeting Quorum shall: consist of at least Ten (10) non-related members of which Five (5) Members must be Executive Committee Members.

      2. An Executive Committee Meeting Quorum shall: consist of at least Five (5) non-related Committee Members.

    3. Power of Attorney/Proxy:

      1. Power of Attorney/Proxy shall/may be granted to any present member during a meeting by any absent member from the meeting on an official form created for the purpose.
  6. CLUB MEMBERSHIP

    1. Membership

      1. Membership of the Club shall be granted upon application and payment of the prescribed membership fees to any person or organisation with an interest in enduro, motor-cross or enduro-cross motorcycling in general, subject to the approval of the Executive Committee.
      2. The Club Executive Committee is empowered to approve all applications for membership.
      3. The Club’s principal cornerstone is laid upon free and non-racial, non-discriminatory principles. The Club forbids any form of discrimination whatsoever based upon race, colour, religion, creed, gender or orientation.
    2. Annual Fees

      1. The annual fees shall be such sum as the Executive Committee may, from time to time, decide. Such amount is to be paid no later than the first meeting of the competition year it respect of which said amount is due. Any member sixty (60) days in arrears of subscription or of any amount equal to or more than the membership fee due and not advising to the contrary, the Executive Committee shall have the power to terminate his/her membership forthwith.
    3. Membership Fees

      1. Membership fees: A Member shall mean a person being a REGISTERED member of the club, who has paid all monies due and payable under these rules. All cases of dispute of these rules shall be decided by the Executive Committee whose decision shall be final. The Membership structure shall be as follows and the specific membership fees will be determined annually:

      2. Normal Membership
      3. Junior Membership
      4. Spouse’s Membership
      5. Senior Membership
      6. Honorary Memberships - - -
      7. Corporate Memberships Minimum of and/or sponsorships
      8. Life, and temporary Membership - - -
      9. The club shall consist of all members appearing in the register as kept by the Club Treasurer, as being members of the club.
      10. Normal members (18 – 60 years of age)
      11. Junior Members: Shall be those persons being under the age of seventeen (18) years at the time of application to join the club.

      12. Spouse’s Membership shall be non-riding spouses.

      13. Senior Members: All persons over the age of 60.

      14. Corporate membership shall be companies or businesses who have paid corporate membership fees and or have pledged a year’s sponsorship to the Club in the form of funds, prizes, equipment etc. to the value of no less than the annual membership fee for Corporate members.

      15. Life, Honorary and Temporary Members: These may be elected at any General Meeting subject to the following conditions:

        1. Life Members: Members of at least one year’s membership, in good standing, who have rendered outstanding service to the club. Life members may be elected at an Annual General Meeting by 90% majority vote. A life member shall employ all the rights accorded a normal active member.

        2. Honorary Members: Honorary members may be elected for a period not exceeding three (3) years in return for services rendered to the club or its members. Any further appointment of honorary membership shall be at the discretion of the Executive Committee. An honorary member will be inscribed on the books of the club and hold all privileges accorded a normal active

          member with the exception that an honorary member may not vote, not hold office, though an honorary member may speak on any matter. Honorary members are elected under the same conditions as those aforementioned pertaining to life members.

        3. Temporary Members: Temporary members may be admitted to the Club for a period and at a subscription as decided from time to time by the Executive Committee. Temporary members shall not have voting rights, nor may they hold office, but in all other matters are considered full members of the Club.

  7. GOVERNMENT

    1. The club shall be governed by an Executive Committee, consisting of (described under Par. 31.1 – 31.7)
      1. President

      2. Vice President

      3. Secretary

      4. Treasurer

      5. Secretary: Youth Development

      6. Secretary: Races & Events

      7. Secretary: Social Media

    2. The Executive Committee shall have the power to appoint subcommittees and deal with all matters and transact any business that may affect the club and its members.
    3. The Executive Committee shall be elected at each Annual General Meeting (AGM) and shall hold office for the term of one year. They shall be deemed to have resigned on completion of, their term of office, but still be eligible for re-election. The exception being the President who, after holding office for three (3) consecutive years shall be in-eligible for re-election for a period of a club year as determined from annual general meeting to annual general meeting.
    4. Office Bearers will be elected by those members present by means of a show of hands and or with or without the inclusion of proxies.
  8. RESTRICTIONS ON THE POWERS OF THE CLUB

    The Club:

    1. must carry out its activities in a non-profit manner and with an altruistic or philanthropic intent;
    2. must have at least Five (5) Executive Committee Members,
      1. who are not connected persons (in relation to each other), to accept the fiduciary responsibility of the Club and no single person shall directly or indirectly control the decision making powers of the Club.

      2. During any Executive Committee meeting where Five Executive Committee Members are present and any related persons makes up a part of the members, such related members’ votes shall count as a single vote.
      3. During an Executive Committee Meeting a Quorum shall consist of at least Five non-related persons.
      4. At any meeting, where a vote amounts to a draw the President shall have a casting vote or in his absence the Vice-President, or in his absence the Acting Chairperson for the meeting.
    3. must refrain from carrying on any activity which is intended to directly or indirectly promote the economic self-interest of any Executive Committee Member other than by way of reasonable remuneration;
    4. must utilise its funds and apply all of its assets and income solely for the objects for which it has been established;
    5. is prohibited from directly or indirectly distributing any of its funds to any person otherwise than in the course of undertaking any activity in furtherance of its objects;
    6. is prohibited from accepting any donation which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purposes and conditions of such donation, including any misrepresentation with regard to the tax deductibility of the donation in terms of section 18A of the Income Tax Act;
    7. is prohibited from accepting a donation from a donor (other than a donor which is an approved public benefit organisation or an institution, Executive Committee or body which is exempt from tax in terms of section 10(1)(CA)(I) of the Income Tax Act, which has as its sole or principal object the carrying on of any public benefit activity) which imposes conditions which could enable such donor or any connected person in relation to such donor to derive some direct or indirect benefit from the application of such donation;
    8. may not pay to any employee, office bearer, incorporator or other person remuneration which is excessive, having regard to what is generally considered reasonable in the sector in which the Club operates which is generally considered reasonable in relation to the services rendered or which would economically benefit any person in a manner which is not consistent with the Club's objects;
    9. must not, directly or indirectly, pay any portion of its income or transfer any of its assets, regardless of how the income or asset was derived, to any person who is or was an incorporator, Director or person appointing a Director of the Club, except: (a) as reasonable remuneration for goods delivered or services rendered to, or at the direction of, the Club; (b) as reasonable payment of, or reimbursement for, expenses incurred to advance an object of the Club; (c) as payment of an amount due and payable by the Club in terms of a bona fide agreement between the Club and that person or another; (d) as a payment in respect of any rights of that person, to the extent that such rights are administered by the Club in order to advance a stated object of the Club; or (e) in respect of any legal obligation binding on the Club; and (f) no such payment shall be made unless the Club, prior to incurring such cost or obligation to pay, has approved the incurrence by the Club of such cost or obligation by way of a Special Resolution of the Executive Committee.
    10. save as allowed by item 5(4) of Schedule 1 of the Act, the Club must not provide a loan to secure a debt or obligation of, or otherwise provide direct or indirect financial assistance to a Director, or to a director of an inter-related Club, or to a person related to any such director; and;
    11. may not use its resources directly or indirectly to support, advance or oppose any political party.
  9. BADGE

    The club badge shall consist of a circular outline of a part of the face (with eye) of a “kwagga” in black & white (the core) between the words “Quarry” to its left and “Kwaggas” to its right. Below the image appears the words “enduro – mx – enduro-x club

    1. The club badge “core” may be utilised per rider with the white parts replaced with the bike-brand colour.
    2. The Club badge may be utilised as white on black or black on white.
    3. The Club Badge   
    4. The Club Badge in white on black.   
  10. COLOURS

    1. The principal club colours shall be black and white.
    2. Individual riders may place the design core (kwagga face) with their bike colour as background in the form of a sticker on their bikes. Example.  :
  11. OBJECTIVES

        1. To, promote and encourage enduro, motor-cross and enduro-cross motorcycling and cooperate with kindred bodies in fostering and maintaining the sport.
        2. To promote and encourage members’ participation in the sport at all levels, from entry level beginner riders to pro-riders, at riding venues, outrides, competitions and races.
        3. To organise competitions, social outings and activities of diversity equal to that diversity of members’ interests and to encourage good fellowship amongst members and all kindred bodies.
        4. To foster and maintain the prestige of the club and the sport.
        5. To employ, if necessary, all efforts or assets in the protection of interests of the sport, the club, or its members.
        6. To engage rooms for the purpose of club meetings and to conduct same and obtain licence etc., purchase, lease or otherwise acquire any property, real or personal and erect any such buildings, borrow and raise money upon, mortgage of any such property, sell, lease or exchange, or otherwise deal with any property on such terms as the club may see fit, issue debentures, invest and deal with the funds of the club In furthering these objects.
  12. AFFILIATION

    1. The club may, by resolution at any general meeting, seek to affiliate or withdraw from affiliation and may enter any such other association/affiliations as the club may see fit. Notice of motion of such intention must be in the hands of the secretary in writing at least two weeks before an AGM at which said resolution may be taken.
  13. APPLICATION OF RULES

    1. Every member of the club shall be considered to be acquainted with, and shall submit to, and be bound by these rules and by any other rules and/or regulations made in conformity to these rules.
  14. ALTERATION, ADDITION TO, SUSPENSION OF CONSTITUTION

    1. The constitution and rules of the club shall not be altered except by a vote of two thirds (2/3) majority of members present at the Annual General Meeting, or at any Special General Meeting called for that purpose. Fourteen (14) days notice in writing must be lodged with the Secretary who, if subsequent to the Annual General Meeting shall convene a special general meeting, shall give notice of such meeting, stating the objects of the same to the members not less than (7) days before the date fixed for the meeting at which at least 66% of members shall constitute a quorum.
  15. FINANCIAL AND COMPETITION YEAR

        1. The club’s financial year shall be from 1st March to 28 February of each year.
        2. The club’s competition and membership year shall be from 1st January to 31st December inclusive.
  16. RESIGNATIONS

    1. Any member whose subscription is not in arrears may resign his/her membership on giving notice in writing thereof to the Secretary who shall report same to the Executive Committee at the next Executive Committee meeting when such resignation will be dealt with. On acceptance of such resignation by the Executive Committee, such member will forfeit club membership and all rights and privileges thereto. Upon cessation of membership there shall be no claim upon the club nor upon any of its property. Immediately upon acceptance of the resignation, the ex-member must return, or make invalid in terms of the registered club name and insignia such name and insignia on, all club badges/jerseys or other such goods carrying the club’s insignia and/or name and competition licence and any club property currently held in his/her possession.
  17. DISCIPLINE

    1. Upon a written complain of one or more members of the club a member may, by two thirds (2/3) majority vote of the Executive Committee at a meeting be admonished, suspended or his/her expulsion be imposedfor conduct considered to be detrimental to the welfare, progress or character of the club. The Executive Committee at such a meeting shall investigate the circumstances connected with the case and their finding or decision shall thereupon be forwarded by the secretary to such member, who shall, at the same time, be given at least seven (7) days’ notice to attend the next Executive Committee Meeting for the purpose of being heard in reply to the finding of the Executive Committee. The final result will be determined by two thirds (2/3) majority vote of the Executive Committee. For that purpose of defining conduct detrimental to the character, progress or welfare of the club, such conduct shall include or relate to any member of, or being concerned in any of the following:
      1. Causing, or attempting to cause, dissatisfaction or grievance amongst the members.
      2. Being drunk or disorderly.
      3. Abusing police or civil law.
      4. Wilfully disobeying or abusing the officials.
      5. Conducting him/herself in an unsportsmanlike manner.

      Annual fees during suspension and pending final decision of the Executive Committee shall be payable by any suspended member.

    2. Any member affected may appeal irrespective thereof to the general members. Such appeal shall be given within seven (7) days from the date of the Executive Committee’s finding and a special general meeting of the members to deal with same shall be called thereupon to the Secretary.
  18. EXPULSION

    1. Should expulsion of a member be deemed necessary following an Executive Committee meeting’s findings, the matter shall be referred to the next General Meeting for final decision by a two thirds (2/3) majority vote of members present.
  19. CLUB MEETINGS

        1. General Full Club meetings may be called by any club member if supported by at least 5 members of the Executive Committee.
        2. Any resolution taken at a full club meeting must be tabled to the Executive Committee for consideration and ratification or rejection.
        3. Club General Meeting Quorums: A Quorum shall consist of three at least Five (5) Executive Committee Members and five ordinary club members. Should insufficient registered members be present to form a quorum, thirty (30) thirty minutes after the appointed meeting time, then no meeting will be held. Where related persons attend a Club Meeting such related persons’ vote will count as a single vote.

        4. Executive Committee: The Executive Committee shall meet as may be deemed necessary. Five (5) members of the Executive Committee shall constitute a quorum. Special meetings of the Executive Committee may be called by a written requisition, signed by not less than five (5) members, to the Secretary. At least Seven (7) days’ notice of any special Executive Committee meeting must be given by the Secretary and shall state the nature of the business for which the meeting was called.

        5. Notice of a desired special extraordinary club meeting shall be given by not less than five (5) members signing the requisition to the Secretary not less than fourteen (14) days prior to the date appointed for such meeting. The Secretary shall convene the meeting and thereupon notify all members of the date, time and venue for the special extraordinary club meeting and the nature thereof. No other business will be accepted. Twelve (10) members shall constitute a quorum.
        6. Annual General Meeting: The annual general meeting shall be held on the first (1st) Wednesday of March of each year for the purpose of receiving the President’s report, the Auditor’s report and balance sheet and election of office bearers for the ensuing year, and general business. Fourteen (14) days’ notice of such meeting shall be given members. Ten (10) members shall constitute a quorum.

        7. Attendance at Meetings: Any office bearer absenting himself three (3) times in succession, shall forfeit his/her position unless an apology for expected absence is received by the Secretary prior to the meeting and is accepted by the meeting.

        8. Decisions/Resolutions: Will be taken in the form of a vote by a show of hands for or against a proposal. Where a vote amounts to a draw the President shall have a casting vote or in his absence the Vice-President, or in his absence the Acting Chairperson for the meeting.

        9. Minutes of Meetings: Will be recorded by the Secretary and correct records-keeping practices will be maintained.

  20. CHANGING OF CONSTITUTION / BYLAWS

    1. The Executive Committee will have the power to consider any proposal received in writing from any member to change or amend the CONSTITUTION at a Special Meeting Called for the purpose, notice of which must be given 14 days in advance of the Meeting. Such Amendment of the CONSTITUTION must be agreed to by a special resolution and voted for where the voting tally must amount to at least Five (5) members of the Executive Committee with the President having a casting vote.
    2. The Executive Committee shall have the power to frame, subject to confirmation at the next annual general meeting, amend or rescind Bylaws if considered necessary for facilitating the work and objects of the club, such bylaws to be consistent with the constitution and rules. The Executive Committee shall interpret and construe the rules and bylaws in respect to all matters and things arising thereunder and their decision shall be final. All bylaws so altered shall be MINUTED and amended for the Annual General Meeting at which meeting they will be adopted or rejected.
  21. NOMINATION OF OFFICE BEARERS

    1. All nominations for official positions must be proposed and seconded by two (2) registered members and the consent of the nominee obtained in writing if not present. If there are more nominations than the required number, the election shall be by a system of voting to be decided at the Annual General Meeting.
  22. REMOVAL OF OFFICERS

    1. Should it appear to the Executive Committee that any officer is not properly performing his duties, the Executive Committee may, by a two thirds (2/3) majority of members present and voting, recommend that such office be declared vacant, to be decided by a majority vote at the next general meeting.
  23. VOTING

    1. Voting at a committee meeting shall be taken by a show of hands. The President or Acting Chairperson of any Executive Committee meeting or Club General Meeting shall have a deliberative as well as a casting vote. Proxies will be permitted and must be in writing on a form provide for the purposes. Persons related to each other may not proxy each other but may proxy another unrelated person.
  24. AUDITORS

    1. The club’s financial statements, bank accounts, books, including all payments for goods & services, funds, sponsorships received, memberships received and all financial transactions of any kind or nature shall be audited by an Auditor who shall prepare a written report and balance sheet to the Treasurer of the club at least one month before the Annual General Meeting each year.
  25. BANK ACCOUNT

    1. The Club shall open a Bank Account for the purposes of collecting membership fees, paying for goods & services and for any other financial management and purposes.
    2. Signature rights for payments will consist of at least any two of the following three Executive Committee Members namely:
      1. President
      2. Vice-President
      3. Treasurer
    3. The above three portfolio holders will be entitled to request a bank to open new or close existing bank accounts and to accept the banks terms and conditions applicable thereto;
    4. The Club will negotiate and settle the terms and conditions of the banking facilities/services/products on behalf of the client;
    5. Sign all documentation including but not limited to application forms, agreements. Facility letters, security documents, including but not limited to indemnities, surety-ships, cessions, undertakings and mortgages;
    6. Authorise individuals to give instructions to the bank, whether verbal, written, faxed or electronic, that may be necessary for the utilisation of the banking facilities/services/products.
    7. Authorise individuals to sign cheques, bills of exchange, promissory notes, other negotiable instruments, documentation relating to deposit and withdrawal of funds in any bank account.
    8. The President of the Club to be authorised to supply the Bank with the names and specimen signatures of the persons pursuant par. 23.2 above.
  26. INDEMNITY

    1. The President, Vice President, Immediate Past President, Secretary, Treasurer, and any other members of the Executive Committee shall from time to time and at all times be saved harmless and kept indemnified from and against all costs, charges, losses, damages or expenses which such person or persons or any of them sustain, incur or be put to in or about the execution and discharge of their respective trusts, duties and offices or in or about any action, suit or proceedings at law or in equity in which they or any of them shall or may be plaintiffs or defendants provided that such person or persons shall have acted at the directive of the Executive Committee for the time being. Provided always that the amount of such costs, damages, charges and expenses for which indemnity is intended to be hereby provided shall immediately it shall have been sustained or incurred be paid from the funds of the club and that none of the trustees or other offices of the club shall be answerable or accountable for the others or any of them or any person whomsoever but for his own acts, deeds and defaults alone.
    2. Any person or persons partaking in any way whatsoever in any event or activity conducted in the name of, or under sanction from, or in conjunction with or in any way connected or associated with the club or officials, committees or members shall, before being eligible to compete or partake of the activity in any way or form or capacity whatsoever, be compulsorily obliged to complete all details and sign an official indemnification form. The form shall be worded as follows in this article and must be available in sufficient quantity at any activity whatsoever as aforementioned. Should the person or persons aforementioned be under the age of 18 years, the form must also be signed by said person or persons parent/s or legal guardian, giving that person or person’s complete authority to partake of any activity as described herein, and giving the club full authority to include said person or persons in any events or activities in which the minors are to partake. Until such time as such indemnification has been completed in details and signed to the complete satisfaction of the Secretary of the meeting or activity, then those person or persons must under no circumstances be, permitted, in any form or capacity to partake of any herein implicated activity.
    3. The wording of such indemnification clause shall be applicable to the activity participated in.
  27. POWERS OF THE CLUB EXECUTIVE COMMITTEE

    1. The Executive Committee shall, subject to the confirmation or otherwise of its actions by next ensuing general meeting, have the following powers:
      1. To demand and collect all subscriptions and dues payable by members.
      2. To incur all necessary expenses for the proper upkeep and business of the club and to pay all such sums incurred.
      3. To submit matters as may seem proper and of sufficient importance to its members for decision by ballot.
      4. To buy, sell, let or hire, exchange, transfer and receive (by way of donation or otherwise) moveable and immovable property or assets, including debentures, stocks and shares and to invest funds in stocks, building societies, banks and other deposit receiving institutions,
      5. To institute and defend legal action on behalf of the Club and for this purpose to sign and execute any necessary Power of Attorney.
      6. To operate banking accounts with any registered banking institution.
      7. To borrow money on the security of immovable property and pass mortgage bonds on such property
      8. Generally to deal with the property and funds of the Club for the objects and purposes of the Club.
      9. Generally to control and manage the business and financial affairs of the Club.
      10. Generally to be responsible for the notice and convening of general meetings of the Club; to be authorised by a two-thirds majority to adjudicate and rule on any matter not covered by the Constitution, other than the annual election of members.
      11. If there is an equality of votes on any matter the President shall have the casting/deciding vote.
      12. To obtain funds for the Club by way of membership subscriptions, donations, publications and other sources as the Club determines.
      13. Notwithstanding the provisions of clauses 25.1.1 - 25.1.12 above and any other clauses in thisCONSTITUTION, the Club may not carry out any business. The word “business” includes, inter alia, ordinary trading operations in the commercial sense, speculative transactions, dividend stripping activities as well as the letting of property on a regular or systematic basis.
      14. No loans may be made to any member or to any private company in which the member is a shareholder.
      15. No member, donor and/or any of the relatives will receive any benefits from the funds of the Club. 27.2.27.3. Provided that all acts of the Executive Committee done in pursuance of the powers granted by these rules shall have full force and effect and be of full validity until such acts have been confirmed or otherwise dealt with by the next ensuing general meeting of the club, or as by these rules otherwise provided.
  28. DISSOLUTION OF CLUB

    1. The club shall be dissolved in the event of membership being less than eight (3) registered members, or upon a vote of not less, than three fourths (3/4) of registered members present at a special general meeting convened in strict accordance to the rules to consider such a question. Fourteen (14) days’ notice in writing of any proposed dissolution shall be given members.
    2. Upon dissolution of the club all assets and funds to hand shall, after payment of all expenses and liabilities, be donated to such charitable organisation or organisations as determined by the meeting, bearing similar interests and aims of the Club.
  29. CLUB’S LIABILITIES

    1. All debts and liabilities of the club shall be liquidated out of the general funds of the club.
  30. ORDER OF DEBATE

    1. Any member desiring to propose a motion or amendment or to discuss any matter under consideration must rise and address the President. No member when speaking shall be interrupted unless called to order, when he shall sit down and the member so calling order shall be heard.
    2. In preference to any other speaker, the President shall then decide without discussion upon the point of order before the subject is resumed or any other subject entered upon.
    3. No member may speak to a motion after the same has been put by the President and has been voted upon.
    4. When two or more members rise to speak, the President shall call upon the member who in his opinion rose first in his place.
    5. The mover and seconder, shall be held to have spoken to the same.
    6. In the discussion, no member shall be allowed to speak more than twice, except strictly in explanation, except the mover of the original motion, who shall have the right to reply.
    7. A member, when speaking, must confine his remarks to the subject under debate and avoid personalities. He shall not use any discourteous language or reflect on a member whilst in debate.
    8. Any member feeling dissatisfied with the decision of the President on any point of order may appeal to the members present, provided the appeal is seconded. In cases of appeal from the ruling of the President, a temporary President shall be appointed and the question shall be as follows: “Shall the decision of thePresident stand as the judgment of the Meeting’ and this question shall be decided without debate.
    9. If, after two speakers have spoken successively on the same side of a question and no speaker follows on the other side, the President shall submit the motion or amendment to the meeting after affording the mover the right to reply. No motion that “the question be now put shall be entertained at any meeting. Amotion having been duly moved and seconded, discussion thereon may be interrupted by some or all of the following further motions, which in turn must be seconded but of which no notice shall be required:
      1. To amend the motion
      2. To postpone the question
      3. To adjourn the debate
      4. To adjourn the meeting
    10. An amending motion shall not be a mere negative, but must be relevant to the original motion, may be moved or seconded by any member whether he has or has not already spoken on the original motion, must not be moved after the question is put, gives no right of reply to the mover and cannot be withdrawn without the consent of the meeting.
    11. Before a motion to adjourn the debate is put the mover of the question under debate shall be allowed the right of reply. No, other discussion shall be permitted.
    12. The mover of a resolution to adjourn shall have the right to reopen the debate when it is resumed. Before a motion to adjourn the meeting is put, the mover of the question under debate shall be allowed the right of reply.
    13. No such motion shall be declared a Resolution unless a majority of the member’s present voted in favour thereof.
  31. OFFICERS TO BE ELECTED AND DUTIES THEREOF

    1. President

      The President shall preside at all meetings and social functions and generally carry out the duties as the President and give rulings when required. He shall have the same right to speak on any question under discussion as any other member. He shall have a deliberative vote and a casting vote. The president shall have full power to expel a member from such meeting should he deem it necessary and should be only subject to the decisions of the Executive Committee duly convened. He shall enforce this constitution and rules and see that the duties of other office bearers are properly performed. The president, in conjunction with the secretary or treasurer is authorised to transact the banking procedure of the club.

    2. Vice President

      One Vice President will be elected, and will act in the capacity of the President in the President’s absence. In the absence of the President at meetings the Vice-President shall have all the rights and privileges of the President whom he represents.

    3. Treasurer

      The treasurer shall receive members’ fees and any other monies due to the club. He will issue official

      receipts for same, and pay all monies into the bank in the club’s name, keeping a record of trust accounts and a current account for normal business. All cheques for payment must be signed by any two of the treasurer, secretary and president. He shall produce a statement of receipts and expenditure to every general meeting. He shall also present a statement of receipts and payments, together with a balance sheet, duly audited by the club’s auditor at the annual general meeting. He shall keep a register of all registered members together with the members’ addresses. The Treasurer shall appoint an Auditor (with the approval of the Executive Committee). The Auditor will be responsible for examining the club’s books for account and the annual balance sheet as prepared by the Treasurer. The auditor, by arrangement with the Executive Committee, will have access to the books of account at any time during the year, but shall not retain the books for any period greater than three (3) weeks at any one time. The auditor shall submit in writing a report on the club’s financial situation to the Executive Committee for presentation at the annual general meeting of the club. If a vacancy in the position of auditor shall occur at any time, the Executive Committee shall appoint a replacement immediately.

    4. Secretary

      The secretary shall act as Executive Committee officer of the club and conduct the affairs of the club under the direction of the Executive Committee. He shall have the power to convene all meetings, maintain an accurate minute of all meetings and conduct all correspondence under direction of the Executive Committee and on behalf of the club. He shall keep a list of all office bearers and their date of election. The secretary shall be an ex officio member on all committees and subcommittees. The secretary, in conjunction with the president or treasurer have the power to act for the club in banking transactions.

    5. Secretary: Youth Development

      The Secretary for Youth Development shall have the responsibility to create opportunities and to identify young riders under the age of 18 (or year in which they turn 18) who will benefit from the following: riding lessons, technique refinement, do’s and don’ts, training & other coaching sessions.

    6. Secretary: Races and Events

      The Secretary for Races & Events shall be responsible to update the Club on upcoming racing events, where the club, will participate the weekend, which social riding events are planned and which information is necessary to participate at certain events.

    7. Secretary: Social Media

      The Secretary for Social Media shall be responsible to ensure that the Club is popularised on social media platforms such as Whatsapp, Facebook and Instagram. Information about the Club, Membership, Events, Races etc. may be updated with the use of photographs, video, flyers and posters.

  32. AGM, AGENDA, MINUTES, ORDER OF PROCEEDINGS

    1. An Annual General Meeting will be held once a year on the first Wednesday of March
    2. The Secretary will prepare a Draft Agenda and distribute it with the Minutes of the Previous Meeting
      1. The order of debate shall be:
        1. Opening and Welcome
        2. Attendance Register and Apologies
        3. President’s Report
        4. The Minutes of the previous meeting be read by committee President (errors and additions)
        5. Business arising from the minutes. If a point is not agreed upon, a vote will be taken to amend, pass, or submit for re-clarification.
        6. Following all discussion on recommendations the minutes of the previous meeting will be passed by a two thirds (2/3) majority of members present at the meeting.
        7. Treasurers’ Report
        8. New Matters
        9. General
        10. Date of Next Meeting
        11. Adjournment
  33. CLUB AWARDS

    1. Club Champion

      The club champion shall be a member and shall be determined by scores allocated to relevant club events during the year. That person accruing the greatest aggregate score shall be deemed to be the club champion for a period of twelve (12) months. The club championship shall be divided into four (4) grades, being Advanced, Clubman and Greybeard. The club champion is to be awarded a perpetual trophy, to be

      purchased at the club’s expense and maintained by the recipient. The club champion shall also be awarded a personal Medal or Trophy, purchased at the expense of the club.

      The perpetual trophy is to be returned at the end of the term of champion, being the immediate competition year after the year in which the points score warranting appointment as champion was accrued. The club champion shall be made known at the annual trophy presentation. Records of all results will be made available to all members by requested appointment.

      Appeals against the decision for club champion will be received by the secretary in writing no later than one week before the next general meeting. The Executive Committee shall make the final decision after which no discussion will be entered into.

    2. Overall Club Champion

      This award shall be given to the member who accrues the highest total of outright and class points allocated for relevant club events during the year. Term of title and presentation shall be as for the Club Champion. Perpetual and personal trophies shall be awarded as for the Club Champion.

    3. Junior Club Champion

      This award shall be given to the member who accrues the highest total of outright and class points allocated for relevant club events during the year and who has not attained his 18th birthday at the commencement of the competition year. Term of title and presentation shall be as for the Club Champion. Perpetual and personal trophies shall be awarded as for the Club Champion.

    4. Most Improved Rider

      The award for the most improved rider shall be awarded to a member either junior or senior, and shall be determined by a joint voting of members of the Executive Committee and competitions committees. That person receiving the greatest aggregate points score from voting shall be deemed the most improved rider. Term of title, appeal and presentation shall be as for the club champion. The trophy shall be a trophy being non perpetual and purchased annually at the club’s expense. Points win be allocated by members of the committees on a 1, 2, 3 base with 3 points being given to that person who in the opinion of the member has shown the most marked improvement in his/her ability at the sport.

    5. Clubman of the Year

      This award shall be given the member of any category deemed by the Executive Committee and

      competitions committees to have given signal performance in the pursuance of the club’s objectives. The term of title, and presentation shall be as for the club champion. The trophy shall be perpetual with the original purchase cost at the expense of the club. The recipient shall be expected to return the trophy in its original condition at the completion of the term of title. A personal trophy or medal, being non perpetual, shall be given the clubman of the year by and at the expense of the club.

    6. Encouragement Award

      Shall be given to that registered member, being junior or senior, who, in the opinion of the Executive Committee and competitions committees has shown the most conscientious application of effort in efforts to improve his/her ability at the sport. The term of title, appeals and presentation shall be as for the club champion. The trophy shall be a personal trophy awarded by and at the expense of the club.

      1. “Quarry Kwagga Lost Stripes” Trophy

        Shall be awarded to that registered member who, in the opinion of the Executive Committee and competitions committees has been the recipient of the most unfortunate amount of unfortunate incidents, yet has continued in his/her efforts. There shall be no appeal. Presentation shall be as for the club champion as will also be term of the title.

        The award shall be a personal trophy awarded by and at the expense of the club.

      2. Quarry Kwaggas Stars and Stripes” Sportsman of the Year

        This award shall be given to the member who in the opinion of the Executive Committee and competition committees has exhibited the best sportsmanship by helping and encouraging other riders and maintaining a cheerful disposition. Term of title and presentation shall be as for the Club Champion. Perpetual and personal trophies shall be awarded as for the Clubman of the Year.

      3. Quarry Kwagga Sportswoman of the Year

        This award shall be given to the active registered member who in the opinion of the Executive

        Committee and competition committees has given the most support and assistance towards the Club’s objectives. Term of title and presentation shall be as for the Club Champion. Perpetual and personal trophies shall be awarded as for the Clubman of the Year.

      4. “Quarry Kwagga Striped Shovel” Award

        Shall be awarded to the registered member who, in the opinion of the Executive Committee and competition committees has told the tallest stories around the campfire and at club meetings. There shall be no appeal. The trophy is a perpetual trophy and is to be returned in good condition prior to the following annual trophy presentation.

      5. Sponsors Award

        Shall be awarded to the sponsor (benefactor) who has become the most actively involved in the Club and its projects, operations and endeavours.

  34. ADOPTION OF THIS CONSTITUTION

34.1.1. This CONSTITUTION of the Quarry Kwagga Enduro – MX –Enduro-X Club has been adopted and signed by the elected office bearers as follows:

NAME

SIGNATURE DATE

CELL PHONE NUMBER

34.1.1.1.

President DIRK COETZEE

13 May 2019

076 158 0000

34.1.1.2.

Vice President SHAUN O’REILLY

13 May 2019

082 565 4284

34.1.1.3.

Secretary

MARCEL VAN ROSSUM

13 May 2019

082 888 6156

34.1.1.4.

Treasurer

LETITIA O’REILLY

13 May 2019

082 888 0263

34.1.1.5. Secretary: Youth Development XAVIER HANEKOM

13 May 2019

082 325 2424

34.1.1.6. Secretary: Races & Events

JJ OOSTHUIZEN

13 May 2019

071 578 9786

34.1.1.7. Secretary: Social Media WERNICH VAN DER WALT

13 May 2019

072 3007603