CONSTITUTION 

BORER EQUESTRIAN CLUB

INDEX  -   constitution bec.doc

Article                   I                               Name
Article                   II                             Headquarters
Article                   III                            Objects and Constitution
Article                   IV                            Legal Status
Article                   V                             Members and Membership
Article                   VI                            Membership
Article                   VII                          Management of the Club
Article                   VIII                         Powers & Discretions of Executive Committee
Article                   IX                            Sub-Committees
Article                   X                             Year of the Club
Article                   XI                            The Annual General Meeting
Article                   XII                          Extraordinary General Meeting
Article                   XIII                         Disciplinary Sub-Committee
Article                   XIV                         General
Article                   XV                          Limitation of Club's Liability
Article                   XVI                         Dissolution
Article                   XVII                       Miscellaneous
Article                   XVIII                      Interpretation

ARTICLE I - NAME 

The name of the Club shall be the Border Equestrian Club (hereinafter referred to as the Club)

ARTICLE II - HEADQUARTERS
The Club shall have its headquarters at the Gonubie Recreation Centre. 

ARTICLE III - OBJECTS AND CONSTITUTION 

• 1. The purpose and objects of the Club shall be to promote all equestrian interests, to provide facilities for equitation and to undertake to promote all such other activities appertaining to equestrian sport. 
• 2. To affiliate with recognized and reputable associations where necessary in the interests of the Club. 
• 3. To purchase, hire or otherwise acquire, such movable property as may from time to time be considered necessary in the interests of the Club, and to improve, lease, sell or otherwise deal with it. 
• 4. The provisions herein contained shall be known as the constitution of the Club, which provisions may be altered by a majority of not less than two-thirds of the members present at a General Meeting of members, save: 
• (i) that the precise terms of any proposed alteration shall be set out in the notice convening the meeting, and
• (ii) that the purposes and objects of the Club shall not be altered without the consent of all members. 

ARTICLE IV :  LEGAL STATUS 

The club shall sue and be sued in any Court of Law in its name and be represented in any legal proceedings by any person or persons delegated for such purpose by the Committee. 

ARTICLE V:  MEMBERS AND MEMBERSHIP 

Membership of the Club shall be open to all persons interested in equestrian sports and in the activities of the Club. 

ARTICLE VI:  MEMBERSHIP 

• 1. Any person desiring to join the Club shall lodge with the Secretary an application form. 
• 2. Any application for membership shall be considered and decided by the Committee.
• 3. A purported election to membership may be cancelled by the Committee if the procedure for election has not been followed or if a material mis-representative or mistake in regard to the member has, in the opinion of the Committee, been made. 
• 4. On an application for membership being accepted, and notice thereof having been given in writing to the applicant and on the Club board, the applicant shall immediately: 
• (i) become entitled to the benefits and privileges of the Club, and
• (ii) become liable for any payments, fees and subscriptions due for the year in which he is elected, and shall immediately be bound by this constitution and by-laws made hereunder, and by subsequent amendments to the constitution and by-laws, and shall be presumed to be aware of all the provisions of the constitution and by-laws. 
• 5. Subscriptions shall be due and payable on the 1^st March in each year, and all other payments or fees on such dates as a General Meeting or the Committee may decide, but a member will be deemed to be in good standing unless his subscriptions are unpaid after the 30^th April following. Any member arrear in his or her Club event, until such time as his or her arrears have been brought up to date. 
• 6. Any member intending to resign from the Club shall in writing notify the Secretary of such resignation on or before the 1^st March in any year, and shall otherwise be liable for his subscriptions for the ensuing year. 
• 7. If any member's annual subscription is respect of any year subsequent of the year of his/her election be not paid within a period of four months from the 1^st March, on which day such subscription become due, the Executive Committee shall be at liberty to erase his/her name from the list of members. 
• 8. A member whose membership has been cancelled, or who has been expelled or suspended, or who has resigned: 
• (i) shall remain liable for such payments, fees and subscriptions still due and unpaid by him;
• (ii) shall not be entitled to recover any sums by reason of the termination or suspension of his membership prior to the end of the current year. 
• 9. No member shall have the right, title or interest to or in the property or funds of the Club save as is provided in Article XVI hereof. 
• 10. There shall be six classes of subscribing members: 
• (i) family members
• (ii) adult members
• (iii) junior members, that is, members who are under the age of 18 years at the commencement of the Club year.
• (iv) child members, that is, members who are under the age of 14 years at the commencement of the Club year.
• (v) non-riding members.
• (vi) country members, that is, members who live beyond a 50 km radius of East London. 

ARTICLE VII:  MANAGEMENT OF THE CLUB 

• 1. The entire management of the Club shall be vested in an Executive Committee composed of the under mentioned office bearers:

Chairman
Vice-Chairman
Honorary Secretary
Honorary Treasurer
Five Committee members 

• 2. The Chairman and Secretary and Treasurer shall be elected at each Annual General Meeting of the Club, together with six Committee members, provided that only members who have reached the age of 18 years as at the date of the meeting may be elected to the Executive Committee. No person shall hold office as Chairman for more than two successive years unless the Annual General Meeting, on a simple majority vote, decides that there are exceptional circumstances which warrant his/her election for a further term. The Chairman shall convene a committee meeting within twenty-one days of the Annual General Meeting and the Committee shall, at its first meeting, elect from its members a Vice-Chairman, and such other office bearers as may be deemed necessary. 
• 3. All meetings of the Club and of the Executive Committee shall be presided over by the Chairman or Vice-Chairman and Minutes of all meetings shall be recorded. 
• 4. The Executive Committee shall meet not less than once every three months to conduct the affairs of the Club. A quorum shall consist of five members or half the total number of Committee members whichever is the greater number. The Executive Committee may co-opt any member of the Club to the Committee. 
• 5. All office bearers and the Executive Committee members shall be elected annually. 

ARTICLE VIII:  POWERS & DISCRETIONS OF EXECUTIVE COMMITTEE 

• 1. The business and management of the affairs of the Club shall be in the hands of the Executive Committee. 
• 2. The Chairman of the Executive Committee shall have a casting vote in addition to his deliberative vote. The Chairman shall hold office from the date of his appointment until the election of the new Chairman at the next Annual General Meeting. 
• 3. Without prejudice to the powers conferred upon the Executive Committee members under any of these rules, they shall be vested with the following further powers and discretions: 
• (i) to open a Banking Account in the name of the Border Equestrian Club, to draw, accept, make and endorse cheques, bills of exchange and promissory notes in connection with the business of the Club.
• (ii) to invest and deal with any monies of the Club not immediately required, upon mortgage or in such manner as they think fit.
• (iii) to review and confirm, or set aside, not-withstanding anything contained in these rules, any decision of any sub-committee.
• (iv) to determine in such manner as they think fit and just any case occurring in other matters arising, which is not provided for by these rules.
• (v) to appoint salaried officials to serve the Club. Any such official is debarred from voting (a) as a Member and (b) as a Member of any Committee.
• (vi) to appoint such sub-committees as they think necessary to carry out specific duties in the interests of the Club. 
• 4. To hold competitions or events, and to make any special arrangements therefore, and to set aside the Club's grounds or premises, or any part thereof, for any special purpose whatsoever. 
• 5. To indemnify from the funds of the Club any Committees or officials appointed by the Club against all losses, costs and damages which they or any of them may be put to in the bona fide exercise and discharge by them of the powers and duties conferred and imposed upon them. 
• 6. No member shall be entitled to seek or institute legal action as a means of redress against the Executive Committee or Club in the execution of their duties. 
• 7. To institute, conduct, defend, compound or abandon any legal proceedings by or against the Club, its officers or otherwise, in matters concerning the affairs of the Club. 
• 8. To frame rules and regulations, not inconsistent with this Constitution for the better carrying out of the objects of the Club, and to vary and repeal such rules and regulations. 
• 9. To levy such stabling, forage or other fees, charges and/or fines as may from time to time be found necessary in the interests of the Club. 
• 10. To engage, appoint, suspend and discharge such staff and/or skilled or unskilled labour as the Committee in its discretion may consider necessary to serve the best interests of the Club, and to fix their remuneration and terms of employment. 
• 11. To accept donations and/or gifts, whether monetary or otherwise, to borrow monies on such terms as the Committee may deem fit to secure repayment thereof. 
• 12. To vote from the funds of the Club such amounts as the Committee may decide as an honorarium or bonus to officials or servants, or as subscription or donation to any charitable or other fund. 
• 13. To co-opt, at its discretion, a member or members for any purpose. 
• 14. To authorize by resolution of any two members of the Committee to sign, on behalf of the Club, all powers of Attorney, contracts, agreements or other deeds or documents requiring signature. Cheques shall be signed by any two members holding the following positions in the Executive Committee viz. 
• (a) chairman
• (b) vice-Chairman
• (c) honorary Treasurer 
• 15. To appoint auditors and to fix their remuneration. 
• 16. To apply for and renew from time to time such necessary licenses or licenses for the sale of liquor, refreshments and other commodities upon the Club's premises. 
• 17. To buy, prepare, supply, sell, hire, lease and deal in horses and all kinds of riding equipment, forage, fodder and riding requisites and all kinds of provisions and refreshments for the convenience of members.

ARTICLE IX:  SUB-COMMITTEES 

• 1. Sub-committee shall be convened when necessary and shall be elected by the Executive Committee. 
• (i) the business and management of the affairs of the respective sub-committees shall be in the hands of the sub-committee's members, who shall return full minutes of all meetings held to the Executive Committee. 
• (ii) the Sub-committees shall meet together for the regular dispatch of business, adjourn or otherwise regulate their meetings as they think fit and until otherwise determined by the Executive Committee. Three sub-committee members shall form a quorum. 
• (iii) each sub-committee's shall appoint a Chairman for their respective committees. The Chairman shall retire at the Annual General Meeting but is eligible for re-election. 

ARTICLE X:  YEAR OF THE CLUB 

The year of the Club shall commence on the first day of March, and shall close on the 28^th February of each calendar year, during which period the Annual General Meeting for the next year shall be held. 

ARTICLE XI:  THE ANNUAL GENERAL MEETING 

An Annual General Meeting of members shall be held as soon after the end of the Club's financial year as may be convenient, but not later than the 30^th March of each year: 

• 1. The Annual General Meeting shall be convened by notice suitable published not less than 21 days prior to the meeting. 
• 2. A copy of the notice shall be posted to each member not less than 21 days prior to the meeting. 
• 3. Any member desiring to submit any proposal for the notice of the Meeting shall forward such proposal in writing to the Secretary of the Club not later than 14 days before the date set down for the meeting. 
• 4. Notice of any proposal received must be forwarded to members 11 days before the meeting. 
• 5. At the Meeting shall be read:
• (i) the Minutes of the last Annual General Meeting and any Extra-ordinary Meeting held since the Annual General Meeting.
• (ii) the Annual Report of the Chairman of the Executive Committee for the preceding year.
• (iii) the Audited Annual Accounts of the Club for the period of the preceding year. 
• 6. The convening notice shall specify the objects and business proposed to be transacted at the meeting, including election of office bearers for the ensuing year and the appointment of the Auditor. 
• 7. The Chairman of the Executive Committee shall preside at the meeting and if he/she were not present within ten minutes after the appointed time for such meeting, the Vice-Chairman shall preside. 
• 8. Every question submitted to the meeting shall be decided by a majority of the votes of those present at the meeting. 
• 9. Every question shall be decided in the first instance by a show of hands and in the case of an equality of votes, the Chairman shall, both on a show of hands and at the poll, have a casting vote in addition to his vote as a member. 
• 10. Unless a poll is demanded by a member or members, a declaration by the Chairman that a Resolution has been carried, or carried by a particular majority, or lost, shall be conclusive evidence of the fact. 
• 11. The Annual General Meeting shall, if so decided, elect Life Members, provided that such election be supported by the unanimous vote of all adults, subscribing members present. 
• 12. The Annual General Meeting shall, if so desired, elect honorary members for the period of one year only, on the unanimous vote of the meeting. 
• 13. A quorum at an Annual General Meeting shall be 25% of the members of the Club entitled to vote (excluding Junior members). 

ARTICLE XII:  EXTRAORDINARY GENERAL MEETINGS 

• 1. The Executive Committee may, whenever they think fit, as they shall upon requisition made in writing and signed by not less that 45% of the members of the Club, call an Extraordinary General Meeting of members of the Club, which meeting shall be hold at such place and time as the Executive Committee may direct. If more than 45% of the members signing the petition are absent from the meeting, the Chairman or Vice-Chairman shall declare the meeting void. 
• 2. Extraordinary General Meetings shall be convened by the Secretary, who shall give notice thereof on the Club board and in writing to all members; such notices shall be given 21 days before the dates of such meetings and such notices shall be set out in the Agenda. 
• 3. The quorum of an Extraordinary General Meeting, called by the Executive Committee shall be 25% of the Club including Life and Honorary Members but excluding Junior Members. 
• 4. An Extraordinary General Meeting shall have power to raise, discuss and decide only such specific matters as have been set out for consideration in the notice of the meeting. 
• 5. The Chairman of the Club, or, in his absence, the Vice-Chairman, or in his absence, any member elected by the Meeting shall act as Chairman of an Extraordinary General Meeting. 
• 6. The Chairman shall prescribe the procedure to be adopted at an Extraordinary meeting, save that: 
• (i) all matter shall be decided by a show of hands, provided that decisions shall be ballot on a motion to that effect by a member duly seconded.
• (ii) in the case of an equal division of Chairman shall have a casting vote.
• (iii) an Extraordinary General Meeting may be adjourned to such time as the majority of members direct, provided that no business shall be considered at such adjourned meeting, which could not have been transacted at the original meeting, and save that no notices of such adjournment need be given.
• (iv) members in good standing (excluding Junior Members), Life Members and Honorary Members shall be entitled to vote at any Extraordinary Meeting.

ARTICLE XIII:  DISCIPLINARY SUB-COMMITTEE 

There shall be a Disciplinary Sub-committee, which shall: 

• 1. Consist of the Chairman and two members of the Committee appointed by the Committee, all of whom shall constitute a quorum, save that, on the recusation or unavailability of any of the above mentioned, the Committee shall have the power to fill any vacancies from among the members of the Committee.
• 2. Have power to formulate, enquire into and decide on charges against members and to reprimand, fine, suspend and expel members who have duly been found guilty of: 
• (i) a willful breach of the provisions of the Constitution or of the by-laws made hereunder, save that a member shall not be expelled for breach of by-law; or
• (ii) conduct prejudicial to the interests of the reputation of the Club; or
• (iii) non-payment, within a month of its imposition, or a fine imposed by the sub-committee. 
• 3. The accused member must be given 7 days' notice of the charge preferred against him/her. The accused member shall be called to the meeting by reasonable notice and must be given every opportunity to put his/her case before the Committee. No legal representation will be permitted. 
• 4. An appeal shall lie from any decision or order made by the Disciplinary Sub-committee, provided that: 
• (i) a notice of appeal shall be lodged with the Secretary within one month of the date of the decision or order appealed against,
• (ii) that the quorum of the Committee at the hearing of such appeal shall be eight and,
• (iii) that the Committee shall have power to confirm, alter or set aside in any manner whatever any such decision or order. 

ARTICLE XIV:  GENERAL 

• 1. Any notice or communication of whatever kind to a member shall, on being posted in an envelope bearing such address as at the time of posting is recorded in the Club's records, be deemed for all purposes to have been received by such member within 72 hours of its being placed in the post. 
• 2. The accidental omission to give notice of any meeting to any person or persons entitled to be present thereat shall not invalidate the proceedings at that meeting. 
• 3. Any making, alteration or repeal of a by-law by the Committee shall be notified on the Club board for a period of 2 weeks and shall only on the lapse of such period become effective and binding. 
• 4. Every officer and member of the Club shall be entitled at all reasonable times to entitled at all reasonable times to inspect all the books of account and other documents of the Club, which the Secretary or other custodian shall accordingly be obliged to produce. 
• 5. Liability of members:
• (i) the Subscription to the end of the current year in which he or she ceases to be a member;
• (ii) any indebtedness to the Club;
• (iii) any damage, which has been lawfully imposed or assessed by the Management Committee upon or against him or her. 

ARTICLE XV:  LIMITATION OF CLUB'S LIABILITY 

• 1. Any horse, motor vehicle or other article or thing brought on to the Club's premises for any purpose whatsoever shall be there at the sole risk of the owner, and the Club shall not be responsible to any of its members for any loss, damage or injury arising out of any accident or other happening. The Club shall furthermore not be responsible in any way whatsoever for any acts or omissions on the part of any of its member or officials, or servants. 
• 2. The Club shall not be responsible for any injury sustained by member or any other person taking part or attending any function held by or under the auspices of the Club. 
• 3. Any member or visitor who rides a horse, whether his or her own property or not and whether or not such horse by the property of the Club, shall do so at his or her sole and absolute risk, and no responsibility whatsoever shall attach in such connection to the Club or to any of its members. 

ARTICLE XVI:  DISSOLUTION 

• 1. The Club may be dissolved, or merged with another Club, with similar purposes and objects, in each case only: 
• (i) on a resolution passed by the majority of members present at a duly constituted General Meeting of members; or
• (ii) on an application to a court of law by any member on the ground that the Club has become dormant or is unable to fulfill its purposes and objects. 
• 2. On merger, the movable assets of the Club shall accrue to the Club with which the merger is effected. 
• 3. On dissolution, the movable assets of the Club shall be realized by a liquidator appointed by the General Meeting or the court, as the case may be, and the proceeds shall be distributed equally among such persons as the members at the date of the resolution or that order of court, as the case may be, or otherwise dealt with as may be decided by the General Meeting. 

ARTICLE XVII:  MISCELLANEOUS 

Every member shall advise his or her address and any change thereof to the Club and such advice shall be recorded by the secretary.