MPUMALANGA TENNIS ASSOCIATION

CONSTITUTION OF MPUMALANGA TENNIS ASSOCIATION (Affiliated to the South African Tennis Association)

1. NAME
The organization shall be known as the Mpumalanga Tennis Association, hereinafter referred to as the Association, with headquarters at such other place as may be determined by the annual General Meeting.

2. OBJECTIVES
The objects of the Association are to uphold and regulate within its area of jurisdiction as defined in Clause 3, the game of Tennis, and to support and maintain the Laws and Regulations of the game as from time to time adopted by the South African Tennis Association and within its area, to exercise the powers set out under Clause 11 of this Constitution and to do all that may be directly or indirectly conducive to these objects.

3. AREA OF JURISDICTION
Subject to any modification , which may from time to time be effected by the South African Tennis Association, the area of jurisdiction of the Association shall comprise the undermentioned magisterial districts:

Sub-Jurisdiction
Lowveld: Pilgrimsrest, White River, Nzikazi, Barberton, Nkomazi, Nelspruit, Lydenburg (Steelpoort, Burgersfort and Ohrigstad).

Highveld: Mlondozi, Ermelo, Bethal, Highveld Ridge, Delmas, Balfour, Standerton, Volksrust, Amersfoort, Wakkerstroom and Piet Retief

Western Mpumalanga: Kriel, Carolina, Waterval Boven, Belfast, Ekangala, Dullstroom, Middelburg, (Stofberg and Roossenekal), Witbank, Kwa-Mahlanga, Moutse, Mdutjane, Moretele and Groblersdal.

4. COLOURS
4.1 a) Badge (Eagle in Flight) as registered by Mpumalanga Sport Council. (M.S.C.)

b) The color of the official blazer shall be black.

•  The colors of the official tracksuit shall be gold, green and burgundy (in a specific pattern as decided by the M.S.C.)

•  The privilege of wearing the Association blazer and badge shall be confined to those players who represent the Association in The Inter- Provincial Competition run under the auspices of the South African Tennis Association or in at least three matches against overseas teams or such other matches as Council may decide, as well as to such person upon whom Council may confer the privilege by reason of meritorious service on the Executive Committee for a continuous period of at least three (3) years. In the latter case the words "HONORIS CAUSA" and in the case of juniors the word "JUNIOR" shall appear below the badge. In the case of Veterans the word "VETERANS" shall appear below the badge. The President and Vice- President will be allowed to wear the blazer and badge without the words "HONORIS CAUSA" immediate after election.

The Team Managers of the Inter-Provincial Tournament will be allowed to wear the blazer. The word "TEAM MANAGER" will appear below the badge.

4.3 The badge shall only be worn on the official blazer and Tennis attire as approved by the executive committee.

5 MEMBERSHIP
5.1 The association shall consist of such District Associations and members in its area of jurisdiction and shall, with the approval of the Council of the Association, become affiliated under and subject to the provisions of this Constitution.

5.2 Application for affiliation shall be made in writing to the Secretary of the Association.

"DISTRICT ASSOCIATION" means a body having at least five (5) clubs affiliated to it. The Council shall determine the area of jurisdiction of a District Association. Any Club or School situated within such area shall be entitled to affiliate only through the District Association concerned.

6. REGISTRATION, AFFILIATION AND FEES
6.1 Affiliation and Registration fees as laid down by the Annual General Meeting from time to time become payable within one month of the date of affiliation thereafter not later than the 15th day of March in each year. District Associations must pay affiliation fees.

6.2 District Associations, clubs and players which affiliate during any year and were not affiliated during the preceding year, shall be liable for a portion of the annual affiliation fees payable for the year in respect of which application is made, in accordance with the following table:

If affiliated during the period -

1st January to 30 June, inclusive .... Full annual fee

1st July to 31 December .... 50% of annual fee.

6.3 a) Every District Association shall register its members annually on or before

15 th March. New members shall be registered with the Association within one month of registration with a District Association.

b) Every District Association shall furnish the Association on or before the 15th February in every year with a full list of the names of the members of such District Association as at 31st January preceding.

c) Every District Association shall furnish the Association on or before 31st January in every year with a list of clubs affiliated to such District Association as at the 1st January preceding and shall notify the Association within thirty, (30) days of the date of acceptance, of the names of any additional Clubs which may become affiliated subsequent to the said 31st January.

6.4 District Associations shall be liable for registration fees in respect of all its members, including Juniors of the age of (12) twelve years and over who are members of affiliated clubs, also including all Junior players taking part in Junior Tennis in the District with the exception of visiting or temporary members and non-active honorary life members.

6.5 A District Association shall be exempt from payment of registration fees in respect of any member on the grounds that such member is also a member of another District Association.

6.6 Upon receipt of the prescribed affiliation and registration fees the Association shall be responsible for the payment to the South African Tennis Association of the annual subscription levied by that organization.

6.7 Any District Association, which fails to comply with any of the provisions of this Clause within the period prescribed, shall cease to be a member of the Association, if the council so decide.

6.8 Any member not registered in terms of sub-clause (3) a) shall not be entitled to participate in any match run under the auspices of the Association, unless the Council otherwise decides.

•  OFFICERS
7.1 The council of the Association shall consist of a :-

a) President

b) Vice-president

c) Secretary

d) Treasurer

e) Public Relation Officer (P.R.O.)

f) Representative from Women in Tennis

g) Representative from Development Committee

h) Representative from Veteran Committee

i) Representative from Junior Committee

j) Representative from Coaches Association

k) Representative from MUSSA Tennis

l) Representative from Facilities Committee

•  Representative from Wheel Chair Tennis

•  Representative from Umpires Association and

o) Two Representatives from Districts Associations, one will come from the Historically Disadvantaged Community

7.2 ELECTION PROCEDURE
a) The officers mentioned in 7.1 a-f shall be elected at the Annual General Meeting:

Their committees shall appoint the officers mentioned in g-o. More than one

of the positions may be held by the same person.

b) The Officers mentioned in 7.1 a-f shall be elected from nominations submitted by the affiliated District Associations and Sub Committees. Such nominations must be made in writing to reach the Election Officer of the Association by a date thirty (30) days prior to the Annual General Meeting. The Election Officer shall within seven (7) days after the said date notify all affiliated District Associations of the nominations submitted. The elections shall be by a process of elimination until one of the candidates has secured a majority of all valid votes cast.

•  Only if no nomination is received for a specific position as set out above, the position will be elected from nominations received at the Annual General

Meeting.

7.3 At least 50% of the Executive Committee will be elected from the Historically Disadvantaged Community.

7.4 In the event of any position on the council of the Association, not being filled at the Annual General Meeting or becoming vacant, the council shall have power to fill the vacant post by co-optation.

•  A person can only be elected to the Council if he is present at the meeting or beforehand indicate in writing that he is available to serve on the council. Such a person must be an affiliated member of the Association.

7.6 The officers will be elected / nominated annually for a period of one year.

8. HONOURARY MEMBERS
The Association may, at the Annual General Meeting, elect a Patron, Honorary Life Vice-Presidents, and Honorary Vice-Presidents. The distinction of Honorary Life Vice-President may, on the recommendation of the Council, be conferred at the Annual General Meeting on any person for special services rendered by him to the game of Tennis. Any nomination for the position of Patron, Honorary Life Vice-President, and Honorary Vice-President must reach the Election Officer at least 30 days prior to the meeting.

9. MANAGEMENT
The assets of the Association shall be vested in and the affairs thereof managed by the Council. The Council shall have the power to institute or defend legal proceedings by or against the Association.

10. REPRESENTATION
10.1 Each affiliated District Association shall furnish the Secretary in writing with the names and full details of its Representatives within one month of becoming affiliated and in the case of changes of its representatives within one month of such change.

•  Should any Councilor absent himself from two consecutive meetings of the Council, without excuse or from three consecutive meetings with excuse he shall forfeit his position on the Council for that year and the Secretary of the Association shall notify the District Association or Sub Committee of the fact.

10.3 Any affiliated District Association or Sub-Committee shall have the power to appoint a substitute in place of any of its representatives .

10.4 At all General Meetings each affiliated District Association as well as all Associations and Sub-Committees who have a seat on the Council and having complied with the provisions of Clause 6 shall be entitled to be represented by its Councilors plus one additional delegate for each Councilor. Each Councilor and delegate shall be entitled to vote at such meetings.

11. POWERS OF COUNCIL
11.1 The Council shall have power to: -

a) Frame or consent to regulations for championships and competitions.

b) Arrange, regulate and manage championships and competitions.

c) Sanction and regulate the dates of the holding of championships and competitions.

d) Decide on the type of ball to be used in championships and competitions conducted by the Association.

e) Prohibit the holding of unauthorized championships and competitions.

f) Prohibit any act or practice by a District Association, or any member thereof, which, in the opinion of the Council, is detrimental to the interests of the game, and to deal with any District Association or member disregarding such prohibition, in such manner as it may think proper.

g) Take all measures necessary to compel the payment of all or any moneys due to the Association.

h) Inflict penalties on District Associations or any member thereof for any infringement of the Laws of the Game or the constitution of the Association, with the right of appeal, however, to the South African Tennis Association.

i) Decide all doubtful and disputed points in connection with the game or the Laws thereof.

j) Open a banking account in the name of the Association and to draw, accept, endorse, make and execute bills of exchange, promissory notes, cheques and other negotiable instruments connected with the business of the Association. Such bills of exchange, cheques and other negotiable instruments shall be signed by at least two officers of the Association, authorized thereto by the Council.

k) Invest and deal with any of the moneys of the Association not immediately required for the purposes of the association, in gilt-edged securities, or in any approved Building Society or Bank on such terms as it may think fit and from time to time to vary or realize such investments.

l) Lend money on approved security or borrow money against the security of the assets of the Association immovable property and to enter into leases of immovable property.

m) Do all such other things in the interest of the game and the Association, as it may deem expedient.

n) Make, alter or rescind by-laws not inconsistent with the provisions of the Constitution.

o) Appoint and dismiss an assistant or assistants to any of the officers and any other staff, which may be deemed necessary, and to determine the duties and fix the remuneration of any person so appointed.

p) Appoint standing sub-committees.

•  Confer the colors of the Association in accordance with the provisions of the

Constitution.

r) Consider, approve or refuse applications for affiliation.

s) Fill any incidental vacancy that may occur on the Council.

t) Delegate all or any of its powers to its duly appointed sub-committees or representatives.

u) To set conditions with regard to the right of admission to social events and occasions.

v) To exercise disciplinary action against any member of the Province title holders, players, members, officials and spectators.

w) To carry out all other actions that are parallel to the aims of the Association or that enhance the achievement thereof.

x) To continue, testify, settle or abandon any legal procedure brought by or against the association.

y) To set guidelines for selection of any teams.

•  DUTIES OF COUNCIL
•  To promote the interest in tennis and to improve the standard of tennis in Mpumalanga.

•  To raise the standard of tennis and to regulate tennis in Mpumalanga.

•  To support and maintain the rules and regulations as composed by the Mpumalanga Tennis Association and support the rules and regulation of the South African Tennis Association as long as there is no conflict between the constitution of the two associations.

•  The creation of an effecting management and administration of tennis in Mpumalanga.

•  To create the principles "appointment and election on merit"

•  To do all things possible to stay a member of the South African Tennis Association.

•  To promote participants of affiliated members on National level.

•  To act at all times reasonable in fulfillment of any duties.

11.3 Transfer of immovable property, mortgage bonds and the registration of leases shall be executed in the name of Mpumalanga Tennis Association.

12. MEETINGS
12.1 Council

a) Ordinary meetings of the Council shall be held at least once in every three months unless the Council shall decide otherwise, and special meetings at any other time on the written request of any six members of the Council to the Secretary of the Association.

b) Such request by members of the Council shall be accompanied by a statement specifying the purpose for which the meeting is desired.

12.2 Annual General Meeting

The Association's year shall be from 1st January to 31st December and the

Annual General Meeting of the Association shall be held before the last day of March in each year for the purpose of:

a) Consideration of the Annual Report on the activities of the Association together with a Revenue and Expenditure Account and Balance Sheet.

b) Election of:

1 Officers

2 Honorary Members

3 The selection Committees

c) Determination of the headquarters of the Association for the ensuing year.

d) Effecting alterations if any, to this Constitution subject of the provisions of Clause 20; and

e) Consideration of any other matter in respect of which due notice had been given in accordance with the provisions of the Constitution.

12.3 Extraordinary General Meetings

a) An Extraordinary General Meeting of the Association for any special purpose, including the effecting of any alterations to this Constitution, may be convened by the Council, or if requested thereto in writing by not less than two District Associations.

b) Such request by District Associations shall be accompanied by a statement specifying the purpose for which the meeting is desired.

12.4 Notice of Meetings

Notice of Council and General Meetings, accompanied by a full agenda, shall be forwarded to each Councilor, as well as each District Association at least twenty- one (21) days prior to the date of the meeting.

12.5 Motions

Notice of Motions shall be lodged with the Secretary of the Association at least thirty (30) days prior to the date of the meeting at which such motion is to be considered.

12.6 Quorums

a) The quorum for meetings shall be as follows:

a) Council Meetings : not less than 50%

b) General Meetings : Members present with the provision that two districts must be represented.

c) Sub-Committee meetings : not less than 50%

d) Selection Committee : 3 Members

b) If within half an hour of the set time of a meeting a quorum can not be reached, the meeting shall stand adjourn the same day (or if that day is a public holiday, the next business day) in the next week at the same time and place, and a quorum shall be the persons present at that meeting.

12.7 Minutes

A copy of the minutes of all Council and General Meetings shall be forward to every Councilor and, where such Councilor is not the Secretary of an affiliated District Association, to the Secretary of each such District Association.

12.8 Chairman

At all meetings the President, or in his absence, the Vice-President or, in their absence, a Councilor or delegate elected by those present shall take the Chair and shall have a casting vote in addition to his deliberative vote.

12.9 Voting

Voting at all meetings shall be by showing of hands unless the Meeting otherwise decides, in which case a secret ballot shall be held.

13. STANDING COMMITTEES

13.1 Executive Committee

a) The Executive Committee consisting of the:-

President

Vice-President

Secretary

Treasurer

b) The Executive Committee shall be empowered to deal with all urgent matters and to execute all resolutions concerning the Association.

13.2 Selection Committee

a) The Selection Committee shall consist of a chairperson nominated by the council and one representative of each District together with the manager of the team to the Inter-Provincial Competition if he is not an elected member of the Committee.

•  The Executive Committee will approve the appointment of the Team

Manager.

c) It shall be the duty of this committee to select Representatives or Representative teams on behalf of the Association when required to do so by the Council and to appoint a captain or nominate the team manager for any such team.

13.3 Junior Committee

a) The Junior Committee shall consist of a Chairperson, Secretary and at least one Representative of each District as well as a Representative each of MUSSA Tennis and the Development Committee.

•  It shall be the duty of this Committee to deal with all matters affecting Junior

Tennis including the selection of Junior teams and the appointment of a

captain for such team.

c) The Team Manager for any Junior Team will be appointed by the Junior Committee at least two months before the Tournament, but must be approved by the Executive Committee.

d) The Junior Committee has the right to open an own Bank account but must submit a complete Financial Statement for approval to the Annual General Meeting.

13.4 Veterans Committee

a) The Veterans Committee shall consist of a Chairperson, Secretary and a number of members as may be necessary, provided that every District must be represented in the Committee.

b) It shall be the duty of this Committee to deal with all matters affecting Veterans Tennis, including the selection of Veterans teams and the appointment of a captain for such teams.

c) The team Manager for any Veterans team will be appointed by the Veterans Committee at least two months before the tournament, but must be approved by the Executive committee.

d) The Veterans Committee has the right to open an own Bank account, but must submit a complete financial statement for approval to the Annual General Meeting.

13.5 Development Committee

a) The Development Committee shall consist of a Chairperson, Secretary and a number of members as may be necessary, provided that every District must be represented in the Committee.

b) It shall be the duty of this Committee to deal with all maters affecting Development Tennis, including the selection of Development teams and the appointment of a captain for such teams.

c) The Team Manager for every Development team will be appointed by the development committee at least two months before the tournament, but must be approved by the Executive Committee.

d) The Development Committee has the right to open an own Bank Account, but must submit a complete Financial Statement for approval to the Annual General Meeting.

13.6 Tournament Committee

a) This Committee shall be appointed by the council and shall consist of at least four (4) members. The Secretary shall be an ex-officio member of the Tournament Committee. There could also be different Committees for each tournament.

b) It shall be the duty of this Committee to deal with all matters relating to the arrangements of the tournament, among which: court equipment, surrounds to the courts, stands, the hire of courts, finances, fixtures, residence, etc. Report of all arrangements must be delivered to the Executive Committee.

13.7 a) The president shall be Chairman of the Executive committee. All Sub-Committees shall each elect its own Chairman who shall have a casting vote in addition to his deliberative vote.

b) It shall be the duty of the Chairman of each standing Committee to convene such meetings of the Committee concerned as may be necessary, to lodge with the Secretary of the Association copies of all minutes of meetings of the Committee and to report on the next meeting to the Council on matters entrusted to such Committee.

13.8 Should a councilor who has been elected to a standing Committee or an Ad Hoc Committee cease to be a member of Council, he shall nevertheless, unless council decide otherwise, be entitled to continue serving on such Committee until the expiry of the term of office thereof.

14. ANSWERABILITY OF STANDING COMMITTEES

All standing Committees shall be answerable to the Council.

•  UNREGISTERED PLAYERS

15.1 a) An "unregistered player" shall be one who has failed to pay the fees due by him to his Club within the time prescribed by its rules after he has been duly notified in writing by the Secretary of the Club by registered post or by fax that such fees are due and payable. He shall remain an unregistered player until he has discharged his liabilities, of which fact the Secretary of the Association shall be notified immediately in writing by the District association concerned.

b) For mutual protection of Clubs an Associations the Secretaries of affiliated District Associations shall furnish the Secretary of the Association with the names of such unregistered players together with a certified copy of the letter sent to such player and the postal registration receipt.

c) The Secretary of the Association shall enter the names of such players into a register kept for that purpose. The secretary of the association shall also notify all the clubs in the province of the names of unregistered players.

15.2 The names of unregistered players shall be written in the minutes of the meetings of the Council of the Association as having been entered under this Clause. No person whose name has been so entered shall, until such time as his name has been withdrawn, be permitted to join or remain a member of any Club or compete in any matches, tournaments or other fixtures arranged under the auspices of the Association.

15.3 Should the name of any unregistered player be forwarded to the South African Tennis Association, it shall be accompanied by a certified copy of the original letter sent to such player together with the postal registration receipt.

15.4 Cognisance shall be taken of an amount in excess of six months subscriptions owing by a player who has been minuted as an unregistered player by the Council.

16. DUTIES OF AFFILIATED DISTRICT ASSOCIATIONS
16.1 The Secretary of each affiliated District Association shall furnish the Secretary of the Association with the address of his District Association for service of any notice, and if he fails to do so the District Association shall be deemed to have waived the service of any notice contemplated in this Constitution.

16.2 The Constitution of any District Association shall be so drafted as to comply with the Constitution of the Association, and copies thereof shall be forwarded to the Association.

17. DISCIPLINARY MEASURES
17.1 The following disciplinary measures shall apply in the case of competitions held under the auspices of the Association:

a) The Council may prohibit the holding of any open competition at any date on which, in the opinion of the Council, it is undesirable that such competition should be held.

b) No affiliated District Association or Club shall hold an open competition without having previously obtained the sanction of the Council.

c) All players registered with the Association shall be prohibited from competing in any open competition held or promoted by any Club or body not affiliated to the South African Tennis Association, or any competition prohibited by the Council.

d) An affiliated District Association holding or promoting an open competition shall not knowingly accept the entry of any South African player who is not a member of a Club or body directly or indirectly affiliated to the South African Tennis Association.

17.2 An affiliated District Association or Club or any player registered with the Association who contravenes the provisions of this Clause may be suspended from participating in any authorized event or competition for such time as the Council may deem fit, or otherwise be dealt with as the Council may direct.

17.3 Every affiliated District Association and Club shall be subject to such other or further penal clauses and penalties as are now or may hereafter be provided for by the Constitution of the South African Tennis Association.

17.4 The disciplinary committee has the right to punish any member of the association, sub-association, club officials, titleholders or players, in any manner, for any form of misconduct on or off the tennis court or tennis club. .

17.5 The disciplinary committee has the right to punish any member of the public, for misconduct on any terrain that falls within the jurisdiction of the association.

17.6 The disciplinary committee can decide, on its own merit, what misconduct construes and can judge any unsporting action as misconduct.

17.7 The council / executive committee shall appoint the disciplinary committee. Any member or person that is accused of misconduct, may insist that an independent chairman be chosen, in consultation with the executive committee and the accused. Should agreement not be reached upon an independent chairman, the executive committee has the right to appoint an independent chairman. The committee proposes four persons as potential independent chairmen.

17.8 The disciplinary committee shall have the authority to:

a) ban;

b) impose a fine;

c) warn;

d) find not guilty or

e) impose an appropriate punishment upon the accused.

17.9 Any decision taken by the committee may be queried by any club or member and both parties shall agree upon the appointment of an independent person, which holds a legal position, to settle the matter, whereby such appointee can change, reject or uphold the original decision. Such change is done through written notification to the President of the association and the Presidentmust be notified of the decision within fifteen working days of the judgement.

18. INDEMNITY
The Council members of the Association are personally indemnified from and against all losses, charges, costs, damages, claims and all other expenses and liabilities which may occur in course of the execution of their duties for and on behalf of the Association, except when negligence or fraud can be proved.

19. DISSOLUTION
19.1 Mpumalanga Tennis Association may only be dissolved at a general meeting especially convened for the purpose and by a resolution carried by a majority of at least two-thirds of the votes recorded there.

19.2 On dissolution, the assets of the Association shall be realised by a liquidator appointed by the general meeting of the Association and the proceeds shall be distributed equally between the remaining affiliated districts.

20. ALTERATION OF CONSTITUTION
20.1 No alteration to or amendment of this Constitution shall be made except at the Annual General Meeting or an Extraordinary General Meeting called for that purpose: Provided that no such alterations or amendment shall be effective unless passed by a two-thirds majority of the delegates present and entitled to vote at such meeting.

•  Notice of any proposed alteration or amendment shall be given in writing to every Councilor and to the Secretary of each affiliated District Association at least twenty-one (21) days prior to the date of the meeting at which such proposed alteration or amendment will be discussed.

20.3 Any changes of this constitution must be approved by the South African Tennis

Association

21. INTERPRETATION OF CONSTITUTION
21.1 Whenever in this Constitution the masculine gender is used, the feminine shall also apply.

21.2 In the case of doubt or dispute as to the meaning of any provisions of this Constitution the interpretation of the Council shall prevail and be binding on all parties concerned.

22. APPEAL
22.1 All affiliated District Associations or the members thereof shall have the right of appeal to a General Meeting of the Association against decisions of the Council, and shall also have the right of appeal to the South African Tennis Association against the decision of a General Meeting.

22.2 Notice of such appeal shall be lodged with the Secretary of the Association in writing within twenty one (21) days of the date of the decision to be appealed against, accompanied by a deposit of a minimum of R100-00 (one hundred rand), or a amount determined by the council, the whole or a portion which may be forfeited to the funds of the Association in the event of the appeal not being sustained.

23. DATE OF EFFECT OF THIS CONSTITUTION
This Constitution shall take effect from 15 March 2003.