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Basketball South Africa, Being the National Basketball Federation As Recognized by FIBA

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Basketball South Africa, Being the National Basketball Federation As Recognized by FIBA CONSTITUTION As Adopted On 29 November 2014 TABLE OF CONTENTS DEFINITIONS AND INTERPRETATION 2 1. COMPOSITION AND PURPOSE 4 1.1 NAME 6 1.2 LEGAL STATUS 6 1.3 JURISDICTION 6 1.4 HEADQUARTERS 6 1.5 MAIN OBJECTS 7 1.6 ANCILLARY OBJECTS 7 1.7 POWERS 8 2. MEMBERSHIP 11 2.1 COMPOSITION 11 2.2 ADMISSION TO MEMBERSHIP 11 2.3 OBLIGATIONS OF MEMBERS 12 2.4 LIMITED MEMBERSHIP 13 2.5 SUSPENSION AND CESSATION OF MEMBERSHIP 14 3 STRUCTURES 15 3.1 PROVINCIAL GENERAL COUNCIL 15 3.2 RIGHTS AND POWERS OF THE PROVINCIAL GENERAL COUNCIL 15 3.3 BUSINESS OF PROVINCIAL GENERAL COUNCIL MEETINGS 16 3.4 SPECIAL PROVINCIAL GENERAL COUNCIL MEETINGS 17 3.5 PROVINCIAL ASSOCIATIONS 17 3.6 CLUBS, OTHER BODIES AND LEAGUES 19 3.7 ASSOCIATE MEMBERS 20 3.8 PROVINCIAL BODIES AND LEAGUES OF ASSOCIATE MEMBERS 22 3.9 THE SPECIAL MEMBER 22 3.10 THE PROVINCIAL EXECUTIVE COMMITTEE 23 3.11 DUTIES AND RESPONSIBILITIES OF PROVINCIAL EXECUTIVE COMMITTEE MEMBERS 23 3.12 MANAGEMENT COMMITTEE AND PROVINCIAL EXECUTIVE COMMITTEE SUB-STRUCTURES 25 3.13 FUNCTIONS OF THE COMMISSIONS 27 3.14 ELECTION OF THE PROVINCIAL EXECUTIVE COMMITTEE 35 3.15 POWERS AND DUTIES OF THE PROVINCIAL EXECUTIVE COMMITTEE 36 3.16 MEETINGS OF THE PROVINCIAL EXECUTIVE COMMITTEE 38 3.17 TERMINATION OF OFFICE 38 4. QUORUMS 39 5. VOTING 39 6. INTERNAL REGULATIONS 40 7. FINANCES 40 8. DISCIPLINE 41 9. ANTI-DOPING 41 10. DISPUTE RESOLUTION 41 11. MEMBERS’ LIABILITY 41 12. FEES, DUTIES AND LEVIES 41 13. EMBLEM AND COLOURS 42 14. AMENDMENTS TO THE CONSTITUTION 42 15. INDEMNITY 43 16. DISSOLUTION 43 Page 1 Constitution as adopted on 29 November 2014 DEFINITIONS AND INTERPRETATION “Administrator/Official” means full-time or contracted employee “Agents” means an individual or body registered with WCBA as a player representative as defined in the Internal Regulations “AGM” means the Annual General Meeting referred to in clause 3.3 “Anti-doping Regulations” means Anti-doping Regulations as referred to in clause 9.1 “Associate Members” means provincial organization affiliated to a national organisations having basketball in their programme as defined in this Constitution, and fully recognised by WCBA “Basketball SA” means Basketball South Africa, being the National basketball federation as recognized by FIBA “Bill of Rights” means the Bill of Rights as in the Constitution of the Republic of South Africa of 1996, as amended “Charter” means the Terms of Reference of the Commissions referred to in the Constitution “Club” means a body or organisation which is a member of, or affiliated to a member of WCBA “Colours” means the colours of WCBA as in Article 13 “Companies Act” means the Companies Act, No 71 of 2008, as amended “Constitution” means this Constitution of WCBA “Days” means all calendar days “District” means the District of Metropolitan Municipality area as defined the Constitution of the Republic of South Africa “District Associations” means the Basketball Associations recognised from time to time by WCBA as the bodies controlling Page 2 Constitution as adopted on 29 November 2014 Basketball in the respective District or Metropolitan Municipalities of the Western Cape Province “Employee” means full-time or contracted employee “ex-officio” means serving on a body by virtue of holding another office “FIBA” means 'Fédération Internationale de Basketball Amateur' meaning International Basketball Federation “Good Standing” means a member that has complied with all requirements of WCBA as defined in this Constitution and the Internal Regulations of WCBA “Honorary Membership” means membership granted to a retired member of WCBA recognised in terms of the Internal Regulations “Individual Members” means persons who are members of WCBA members “IOC Medical Code” means the medical code of the International Olympic Committee “League/s” means Leagues recognised by WCBA in terms of this Constitution “League Organisations” means Leagues recognised by WCBA in terms of this Constitution “Life Membership” means life membership granted to a retired member of WCBA in terms of the Internal Regulations “MANCO” means the Management Committee of WCBA as in clause 3.12.1 “Member of the Provincial means a member of the Provincial Executive Committee, General Council” accredited representatives of Provincial Associations, Associate Members or the Special Member “Member” means a structure recognised by this Constitution as a member Page 3 Constitution as adopted on 29 November 2014 “Notice” means unless the context indicates otherwise, a written communication delivered to a recipient by hand, ordinary post, registered post or telefaxed transmission, at their registered address appearing in the records of WCBA “Patron” means an honorary position bestowed upon an individual for services rendered to basketball as determined in the Internal Regulations “Provincial Executive Committee” means the Executive Committee as elected by the Provincial Associations “Provincial Government” means the Western Cape provincial government as determined in the Constitution of the Republic of South Africa “Provincial Sports Confederation” means the Western Cape provincial sports confederations as recognised by SASCOC “Quadrennial Provincial General means the annual general meeting at which Council meeting” Provincial Executive Committee members are elected every four (4) years “QNGCM” means the Quadrennial Provincial General Council meeting “Quorum” means the minimum number required to be assembled to establish legal competence for the transaction of business “Registered Players” means fully paid-up players as it appears on the data-base of WCBA and/or its Members “Regulations” means the Internal Regulations of WCBA “Republic” means the Republic of South Africa “SASCOC” means the South African Sports Confederation and Olympic Committee “Secretary General/CEO” means that person appointed by the Provincial Executive Committee, to assist in attaining the Objects of WCBA Page 4 Constitution as adopted on 29 November 2014 “Special Members” means organizations not affiliated to a national organisation recognized by Basketball SA and having basketball in their programme as in Clause 3.9 “SRSA” means Department of Sport and Recreation South Africa “Statutes” means the rules and regulations of FIBA “USSA Basketball” means University Sport South Africa Basketball “WADA Anti-Doping Code” means the anti-doping code adopted by the World Anti-Doping Agency from time to time “WBSA” means Wheelchair Basketball South Africa “WCBA” means Western Cape Basketball Association, the organisation, the membership of which is defined in clause 2.1 of this Constitution “WC” means the Western Cape Province as determined in the Constitution of the Republic of South Africa “WCG DCAS” means the Western Cape Government Department of Cultural Affairs and Sport. “WCPSC” means the Western Cape Provincial Sport Confederation as determined by SASCOC INTERPRETATION When interpreting this Constitution, unless inconsistent with the context, the masculine includes the feminine gender, the singular includes the plural, and persons shall include bodies corporate. The headings of clauses are for reference purposes only and shall not be taken into account in construing the Constitution. Page 5 Constitution as adopted on 29 November 2014 ARTICLE 1: COMPOSITION AND PURPOSE 1.1 NAME This organisation shall be the Western Cape Basketball Association (herein after referred to as WCBA). 1.2 LEGAL STATUS 1.2.1 It is recorded that WCBA is a non-profit organisation, registered under the Non-Profit Organisations Act No 71 of 1997 and does not pursue any object for its own gains. 1.2.1 WCBA is an incorporated association of persons with legal personality and independent existence and has the capacity to sue or to be sued in its own name. 1.2.2 Every office-bearer, official or employee of WCBA shall be indemnified by WCBA against all costs and expenses which he/she may incur or become liable for by reason of any act or omission in the discharge of his/her duties, unless the loss in question is caused by his/her gross negligence, dishonesty or intentional actions which may bring WCBA into disrepute. 1.2.3 No person or Member shall have any rights to claim assets belonging to WCBA, nor incur any liabilities for its obligation. 1.2.4 Except for reasonable compensation for authorised and approved services rendered to the organisation, WCBA may not allow any of its monies or properties to be used for personal use by its Members or employees. 1.2.5 All legal proceedings shall be brought by or against WCBA, and WCBA may authorise any member of the Provincial Executive Committee or employee to act on its behalf and give him/her full authority on that matter and proceedings. 1.2.6 All bodies and officials of WCBA must observe the Constitution and Internal Regulations, policies, rules and regulations, and decisions of WCBA. 1.3 JURISDICTION 1.3.1 The area of jurisdiction of WCBA shall be the Western Cape Province. 1.3.2 The area of jurisdiction of each District Association shall be the geo-political boundaries as prescribed in the Constitution of the Republic of South Africa. 1.4 HEADQUARTERS 1.4.1 The headquarters of WCBA shall be as determined by the Provincial General Council from time to time. 1.4.2 The Headquarters shall currently be in Cape Town. Page 6 Constitution as adopted on 29 November 2014 1.5 MAIN OBJECT The Main Object of WCBA is the independent promotion, encouragement, organisation, development and support of all levels of the sport of basketball throughout the country with Members and others; as well as to act as the sole Provincial controlling body of basketball in the Western Cape Province. 1.6 ANCILLARY OBJECTS The Ancillary Objects of WCBA include but are not limited to: 1.6.1 Operating and functioning as the autonomous controlling and administrative body of the sport of Basketball within the area of its jurisdiction. 1.6.2 Developing a governance structure capable of delivering to all Members’ services desirable or necessary to achieve all the Objects set out in this Constitution from time to time.
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