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Ms MINUTES of the THIRTEENTH MEETING of the COUNCIL OF £ . ’ ( < m s MINUTES OF THE THIRTEENTH MEETING OF THE COUNCIL OF THE SOUTH AFRICA BRANCH OF THE BOY SCOUTS ASSOCIATION, HELD IN BLOEMFONTEIN, ON WEDNESDAY 14th SEPTEMBER, 1952 AT S .15 a.m. ----- <aOo---- — The fallowing representatives wore pressnt:- NATAL DIVISION: Divisional Commissioner E.H. Clemmons. CATE WESTERN PROVINCE DIVISION: Divisional Commissioner C.G. Withinshaw. Divisional Secretary E.B. Willard. Deputy Camp Chief G.E. Angus. CAPE BORDER DIVISION: Mr. A .J . Ford, ORANGE FREE STATE DIVISION: Divisional Commissioner S i r We.. Campbell. Bt.M„G. Asst. Commr. (Rovers) C.R. Woods. District Commissioner Rev. H. Devis. C.AEE....MIDLANDS DIVISION: Divisional Commissioner H. E. Haigh. CATE GP IQ UAL AND '.IS ST DIVISION: Actg. Divisional Commissioner E,T .Colvin. Honorary Divisional Treasurer W,G. Selling. Mr . William Robb. TRANSVAAL DIVISION: Divisional Commissioner Sir Reginald Blankenbcrg. X.B.E. Asst. Divisional Commissioner percival Whit®,lay, 0 .3 .E ., D .S .O ., Divisional FresIdont F. Raleigh. SOUTH AFRICAN PATHFINDER COUNCIL REPRESENTATIVES: Divisional pathfinder D. Malcolm. Distriot pathfinder Master p. Sykes. Chief W.Z. Fenyang* IN ATTENDANCE: Kenneth Fleischer (Secretary). ----- oOo------• APOLOGIES WERE- RECEIVED FROM: His Excellency, The Right Honourable, The Earl of Clarendon, G.C.M.G., Chief Scout South Africa and president. Assistant Divisional Commissioner H.V. Marsh. (Natal Division). Divisional Commissioner M. Wilson. (Cap©- Border Division). Divisional/ w Divisional president Dr* Compton. (Cap® Griqualand West Division). Divisional Commissioner R.W. Patterson (South VJ&st Africa Division). MINUTES: Minutes of the previous meeting, having been circulated;, were taken as read and were confirmed. CHAIR: In the absence of His Excellency, The Right Honourable, The Earl cf Clarendon, G.C.M.G., Chief Scout, South Africa, and President of the Council, in terms of the Constitution the Divisional Commissioner of the Division in which the Council IS ©ting is held, took the Chair, namely, Sir, Wi 11 i am C amjb el l , Bart.,, M. C. WELCOME; The Chairman, Sir William Campbell, conveyed to the South Africa Scout Council His Excellency, Chief Scout, South Africa's warm wishes for a successful Meeting of the Council, and the Chairman also extended a very cordial welcome, on behalf of the Orange; Free State Division, tcs all members of the Council present. The Council recorded its appreciation of His Excellency’ s message, and the Secretary was instructed to record the Council's thanks. Normally the Mooting should have been held in East London, but owing to economic conditions the Cape Border Division had generously waived their claim, and the Council recorded its indebtedness to the Cape Border Division for having waived their right to tho meeting being held within their Division. Before proceeding with tho business of the Mooting the Chairman drew tho attention of tho Council to tho conditions upon which mombors of t^~the South Africarn Fathfindor Council wore prosont, and tho resolution passed at tho mooting of tho Council on the 16th Sbbruary, 1931, in Cape Town was road, namely — "It was unanimously agrood that the South African "pathfinder Council have 3 (throe) reprosontativos w©n the South Africa Scout Council, with power to "vote on Pathfinder matters only, and such matters "affecting tho pathfinder Movement bo grouped "uhdor one head of the South Africa Scout Council'; •Agenda, and discussed at a special time to bo " indicatedrt. The Chairman felt that the resolution did not indicate whether members of the South African Pathfinder Council on tho South Africa Scout Council should remain during the whole of tho proceedings of the South Africa Scout Council Mootings or only during the. time when pathfinder matto rs/ * matters were before the Council. After discussion tha Council rocordod that : — "The South African Pathfinder Council’ s "Representatives on tho South Africa Scout "Council wore, in terms of tho resolution wof the 15th February, 1931, entitled to bo "present during discussions on pathfinder “matters and that such representatives had '■''power to vote on pathfinder matters before "tho Council, in addition to which the Pathfinder '’representatives could remain during the “completion of tho Agenda before the South * Africa Scout Council, only they would have no "v©ice or vote on matters not appertaining to "the Pathfinder Movement1*. At this stage the Chairman then summonsed the three South African pathfinder Council representatives. SOUTH AFRICAN PATHFINDER POLICY, ORGANISATION AND RULES: Mr. Raleigh of the Transvaal Division <3rew the attention of the Council to "CLAUSE 8, (i) POWERS AND DUTIES" of tho proposed Pathfinder Policy, Organisation and Rules, in regard to which tho proposed Constitution only providos for the approval of the South Africa Scout Council in this Clause, whereas in the old Constitution the approval of the South Africa Scout Council was incorporated in other sections. Mr. Raleigh said it had been thought necessary to tako legal opinion as to whether Clause 8 (i) in its present form governs tho ontiro Constitution, and that anything done by tho South African pathfinder Council was subject to tho approval of tho South Africa Scout Council, Mr. Raleigh then read a letter from Messrs. Me Ewan, Jfc&rnhead and Pinkerton, from whom the Transvaal Scout Council obtained Legal opinion, and this firm, after perusing tho Constitution, reply as follows:— "We beg to advise that we have perused Clause 8 "and othor Clauses of tho Genoral Principles "of the pathfinder Movementr and consider that rlClause 8 sufficiently sots forth that nothing Hshall be done by tho pathfinder Headquarters "Council in exercise of the powers, privileges "and duties conferred upon it by the said "General principles for the proper conduct and “control of tho pathfinder Movement without tho “approval of the Council of the South African “Boy Scouts' Association. In othor words, no "decision or resolution is complete or of full "forco and effect until it has been approved "by the South African Boy Scouts' Association "Council. Wo do not notico any rule stating how “such approval shall be givon, but presume some ■ “practical system has boon arranged." Mr./ ► Mr. Raleigh also intimated that after Coaling with Clause 8 (i) the Council should docide the procedure that would be necessary to signify the approval or otherwise of the South .Africa Scout Council of those things which the South African pathfinder Council may decide upon from time to time without delay* Ur. Ford of the Capo Border Division considered that tho present wording of Clause 8 would perhaps hold up authority being given to the South African pathfinder Council to bring into offcct cortain of its docisions if that Council had to wait for tho approval of the South Africa Scout Council, and ho considered that it should be divided into two parts, and he, theroforo, on behalf of tho Capo Border Division, suggested that Clause 8 (i) should read as follows:- "In the pathfindor Headquarters Council &ro vested "all the powers, privileges and dutios nocossary "for the proper internal conduct, control and "development of tho Pathfindor "Movement, and to "includo tho administration of such funds as may bo "raised by, or accrue to tho pathfinders from time H o time for its purposes. "All questions of policy, decided to bo such by "the South Africa Scout Council, must be approved "by tho latter body before being given effect to. "Alteration to tho Constitution, Rules or Bye—laws "arc subject to tho approval of the South Africa "Scout Council." Tho Secretary of tho Council drew attention to the fact that tho present wording of Clause 3 was adopted by the South African pathfinder Council after very careful consideration, and that the suggestion of tho Cape Border Division rather emphasized tho words "subject to the approval", in as much as thoy appoared in two scparato places, whereas the present Clause, with the one reference, was a safe-guard, as indicated by legal opinion obtained from Messrs. McSwan, Ftarnhoad and Pinkerton. The Representatives of tho South African Fathfindor Council considered that the clausc drafted by it sufficiently safeguarded the South Africa Scout Council and stated that the present wording in the printer's proof was more acceptable than the wording in the oxisting Constitution. After further discussion, and on tho understanding that the opinion of the Solicitors consulted was correct Mr. Clommans, on behalf of the Natal Division, seconded by Mr. Soiling of tho Cape Griqualand West Division, proposed that Clause 3 (i) as submitted by the South African Pathfinder Council bo approved, namely:- "In tho pathfinder Headquarters Council are vested "all the powers, privileges and dutios necessary for "the proper conduct, control (including the "administration of funds), and development of tho "pathfindor Movement, subjoct to the approval of the Council/ Council of tho South African Boy Scouts' Association.'1 ihis was unanimously agreed to, Mr. Raleigh thon suggested thr.t the most expeditious way of giving effect to the South Africa Scout Council's right of veto would be for a Sub-coramittco to be appointed by the South Africa Scout Council, composed of Divisional Commissioners, and that tho Minutes of tho South African pathfinder Council Meetings, containing resolutions, etc., be circulated to tho Divisional Commissioners, and that i f any one Divisional Commissioner disagreed vith any of tho decisions arrived at by the South African
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