24 July 2007
CONSTITUTION
OF THE
(AMENDED
IN 2007)
1. NAME AND ENTITY
1.1. The name of the Club shall be the
“KIMBERLEY GOLF CLUB”, hereinafter referred to as the “Club”.
1.2. The Club shall have a legal persona
separate from that of it’s members and shall be capable of suing and being sued
in it’s own name.
2. OBJECTS
2.1. The
objects of the club are to do all things necessary to promote and foster the
game of golf and to provide for sport and recreation on a non-profit
basis; to acquire movable and
immovable property and to sell, lease or otherwise deal in the same; to invest, lend or borrow money and to secure
the repayment of any monies in such manner and upon such terms and condition as
shall be deemed expedient; to apply for
and hold Club Liquor Licenses and such other licenses or authorities as may be
necessary to carry out it’s objects, and
to undertake whatever may be necessary or ancillary, to fulfill all or any of
the above objects without, however, the acquisition of profit for the benefit
of any of the Members of the Club.
2.2. In
giving effect to the above objects of the Club will: -
2.2.1. utilize
it’s funds solely for the objects for which it has been established;
2.2.2. not distribute it’s funds and property to it’s members or any other
person, except as reasonable compensation for services rendered, or goods
purchased;
2.2.3. have
an identity and existence distinct from it’s members and will continue to exist
notwithstanding changes in the composition of it’s membership;
2.2.4. not
carry on any business undertaking or trading activity, otherwise than what is
allowed in terms of section 30 of the Income Tax Act , as amended from time to
time.
2.2.5. not
accept 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;
2.2.6. submit
to the Commissioner of Inland Revenue, a copy of any amendment to the
Constitution.
2.3 The Club may be dissolved, wound up or
closed down if at least two
thirds of the members present and voting at a Special Meeting convened for the purpose of considering
such matter, are in favour of such
dissolution, winding up or closing down in which event;-
2.3.1 all
liabilities of the Club shall be paid out of its assets;
2.3.2 no
assets, either funds or property shall accrue to or be paid to any member;
2.3.3 any
remaining assets, whether property or funds or both remaining after payment of
liabilities shall be transferred to a similar non-profit organization or
organizations with similar objectives and approved by the Club at a Special
General Meeting or Annual General Meeting of the Club.
(Amended 2007)
3. CLASSES OF MEMBERS
3.1 FULL
MEMBERS
- being persons over the age of 18
years and entitled to all privileges of the Club.
3.2. LADY
MEMBERS
‑ being
ladies over the age of 18 years and entitled to all the privileges of the Club,
except the right to vote at General Meetings and to hold office on the
Committee of Management.
3.3. LIFE
MEMBERS
‑ being
existing Life Members and any member of the Club, of any class, who shall have
been recommended for such membership by the Committee and elected by a majority
of votes at a General Meeting of Members, provided that the maximum number
whereof shall be 6 (six). Such members
shall be entitled to all the privileges of the Club, but shall be exempt from
payment of subscriptions from the date of election.
3.4. ASSOCIATE
MEMBERS
‑ being
men or ladies who are not entitled to vote at any meeting or to hold office in
the Club, but who are entitled to all privileges of the Club House.
3.4.1. Associate
Members
shall be divided into the following categories:
3.4.1.1. being
non-playing social members who shall not be entitled to the usage of the
course.
3.4.1.2. being
social playing members who shall be entitled to the usage of the course,
provided that such usage not exceed 12 rounds (9 holes or 18 holes) during any
one financial year, provided further that they may not participate in any club
competition unless in possession of a valid, authenticated handicap.
3.4.2. Country Members, who shall fall
within the following categories:-
3.4.2.1. FULL
COUNTRY MEMBERS
- being persons who reside
further than 50 kilometers as measured by the shortest route from the Clubhouse
and have no place of business within the distance, and whose home club shall be
the Kimberley Golf Club. Such member
shall be eligible to play in the Club Championships and shall be handicapped by
the Club.
3.4.2.2. OTHER
- being persons who reside further than 50 kilometers, as measured
by the shortest route from the Clubhouse and have no place of business within
the distance and whose home club is not the Kimberley Golf Club. Such members may not play in the Club
Championships.
3.4.3. JUNIOR
MEMBERS
- being persons under 18
years of age. They shall be entitled to
usage of the Golf Course under conditions laid down by the Committee of
Management from time to time.
3.4.4. HONORARY
MEMBERS
- being persons elected for
such period upon such conditions as the Committee of Management may from time
to time decide.
3.4.5. TEMPORARY
MEMBERS
- being persons who reside in
or visit Kimberley
3.4.6. PRENTICE
MEMBERS
- being persons 18 to 21
years of age. (National Servicemen
serving in Kimberley
3.4.7. WEEK DAY
MEMBERS
- being members eligible to
the use of the Course on weekdays only.
3.4.8. NOVICE
MEMBERS
- being members who: -
3.4.8.1. have
never been and are not members of another Golf Club; and
3.4.8.2. may
hold membership in this category for 6 (six)) months only; and
3.4.8.3. upon
expiry of the 6 (six) month period, shall either join the Club or cease to be a member in this
category. Novice Members may not
participate in any Club Competitions; save that by invitation from an existing
member, a novice may participate in such a competition, but will not be
eligible to win a prize unless in possession of an official handicap of the
Club. Such novice shall, when so
participating, play with the existing member.
Members of any class may, on making written application, with the
consent and approval of the Committee transfer from one class to another upon
payment of the difference between the entrance fee and subscription previously
paid and those payable for the particular class of membership to which transfer
is sought.
A member of the Club who is
a full or ordinary member at another Club may not take part in any club
competition other than an open one. The
Committee shall from time to time fix the terms and conditions on which members
are entitled to the use of the course.
4.
RULES
APPLICABLE TO MEMBERSHIP
4.1. Membership does not, and shall not, give
to any member any right, title, interest, claim or demand in or to any monies,
property or assets of the Club, but only confers upon such member the right and
privilege of entering in an upon the grounds and Club premises and environs, of
using and enjoying the same, subject to such charges and reasonable
restrictions as the Committee may from time to time impose and subject to the
Rules and By-Laws in force for the time being.
4.2. The liability of a member is limited to
the amount of his or her unpaid subscriptions and any money he or she may owe
to the club.
4.3. The management Committee may make and
apply such rules as it may deem fit in regard to participation of members
(except full members) in all competitions played at the club.
5. ELECTION OF
MEMBERS
5.1.
5.1.1. Every candidate for Membership shall be
proposed and seconded by full or lady members to both of whom the candidate
must be personally known. The full name
and address of the candidate shall be stated on the application form provided
for that purpose, and which shall be available, on request. The completed form, together with the
entrance fee and subscription shall be handed to the Manager. The Manager may grant provisional approval of
the application which shall be submitted to the next meeting of the Committee
of Management. The said Committee of
Management shall, by a majority vote, either approve or disapprove of the
candidate’s nomination.
5.1.2. If the candidate be not approved of by the
Committee, the proposer and seconder shall be notified without delay of the
Committee’s decision. If the candidate’s
nomination is approved of by the Committee, the nomination form shall then be
posted on the Club Notice Board for at least fourteen (14) days. Thereafter the Committee shall at it’s next
meeting, elect the candidate to membership, unless the Committee has in the
meantime received written and signed objections to the nomination from at least
15 (fifteen) members; in such case the
Committee shall declare the candidate’s nomination void, his proposer and
seconder shall be notified accordingly and the Entrance Fee and Subscription
refunded.
5.2. Applications
for re-election to the Club shall be dealt with in the same way as a new
application, except that no further entrance fee shall be payable.
5.3. No
candidate who has been rejected shall be eligible for nomination within 12
(twelve) months thereafter, nor shall he or she be introduced as a visitor or
be permitted to enter the Club’s premises for that same period.
5.4. A member
may, at any time, by giving notice in writing to the Manager, resign his, or
her, membership of the Club, but shall be liable for any
Annual Subscriptions due
and unpaid at the date of resignation and for any other amounts owing to the
Club, but the Committee shall be entitled to make such ex gratia refund of
Entrance Fee or Subscription as it may consider proper.
5.5. If at any
time after the election of a candidate it shall appear that he, or she, has
been elected under a misrepresentation or mistake as to identity or owing to
materially incorrect information as to his, or her, character and position
having been given, the Committee shall have power to cancel his, or her,
election. Such member shall forthwith
cease to be a member and shall have no claim whatsoever against the Club for
damages, for return of Entrance Fee or Subscription or on any other grounds
whatsoever, but the Committee shall be entitled to make such ex gratia refund
of Entrance Fee or Subscription as it may consider proper.
6. ENTRANCE FEES AND SUBSCRIPTION
6.1. The annual
subscription shall become due and payable on the 1st day of January
in each and every year, and shall be determined from time to time in accordance
with sub paragraph 6.4 hereunder.
Subscriptions unpaid as at the 31st January shall bear
interest at a rate equal to 2% above the prime overdraft rate of the Club’s
Commercial Bank at the time.
6.2. The
subscription payable by members elected during the course of a financial year,
shall in respect of that year, be in proportion to the unexpired portion of
such year calculated from the 1st day of the month following the
date of application for membership.
6.3.
6.3.1. Any member whose
subscription has been in arrear for two 2) calendar months shall have his, or
her, name posted on the Club Notice Board as being in arrear, and, if such
member has not paid the amount due within one (1)) month from the date of his
or her name being posted as aforesaid, the Committee shall be at liberty to
erase his or her name from the list of members of the Club; such member may be
reinstated by the Committee of Management, at its discretion, subject to such
terms and conditions as the said Committee may impose.
6.3.2. A member who
has not paid his or her subscription within one (1) month after it becomes due shall not be
allowed to continue as a member while his or her subscription remains unpaid,
nor vote at any meeting.
6.4. The
Entrance Fees and Annual Subscription shall not be altered without the approval
of a General Meeting of Members, called for that purpose.
7. MANAGEMENT OF THE AFFAIRS OF THE CLUB
7.1. The affairs of the Club shall be managed
by a Committee of Management consisting of 11 Full Members in good standing,
two of whom shall be the Chairman and Captain, elected in the manner
hereinafter provided. The members of the Management Committee are office
bearers of the Club. (Amended 2007)
7.2. The Chairman and the Club Captain shall be
Full Members of the Club currently serving on the Management Committee and who
have, if possible, served on that Committee for at least two (2) consecutive
years.
7.3. The Chairman and Club Captain shall be
proposed and seconded in writing by a Full Members in good standing. A nomination list for that purpose shall be
posted on the Club’s Notice Board at least twenty-one (21) days prior to the
date of the Annual General Meeting and nominations shall be properly proposed
and seconded on such list and shall be signed by the nominees to signify
acceptance of nomination. Nominations
shall close at 17H00 on the day prior to the Annual General Meeting.
7.4. The remaining 9 members of the Committee
shall be proposed and seconded, in writing, by full members in good
standing. A nomination list for that
purpose shall be posted on the Club’s Notice Board at least twenty-one (21)
days prior to the Annual General Meeting.
Nominations shall be properly proposed and seconded on such list and
shall be signed by the nominee to signify acceptance of nomination. Nominations shall close at 17H00 on the day
prior to the Annual General Meeting.
7.5. In addition to the Committee, there shall
be a President and a Vice-President who shall serve on the Committee and shall
retire annually. They will be available
for re-election. Nominations for these
offices shall be made verbally at the Annual General Meeting.
7.6. At the
Annual General Meeting, the President, Vice-President, Chairman and Captain
shall be elected in that order. Should
there be more than one (1) nomination for any of these positions then election
for such position shall take place, by ballot.
7.7. After
election of the officers referred to in sub paragraph 7.6, the remaining 9
members to form the Committee of Management, shall be elected. Should there be more than nine (9) nominated,
then an election by ballot will take place to determine the nine (9) candidates
who are to serve.
7.8. In the
event of there being no nominations for the position of Chairman or Captain, or
there being less than nine (9) nominations for ordinary Committee Members, then
the Chairman shall accept nominations (which shall be seconded) from the floor
at the Annual General Meeting, and if necessary, election will take place
thereafter. Persons nominated and
seconded must be prepared to serve in the office for which they are nominated.
7.9.
7.9.1. The
Committee shall meet at least once in each calendar month, of which meetings
proper minutes shall be kept.
7.9.2. At least
three clear days notice shall be given of all meeting of the Committee, unless
all the members of the Committee agree to accept shorter notice.
7.9.3. At all
meetings of the Committee five shall form a quorum.
7.9.4. The Manager
of the Club, on the instructions of the Chairman or on written request of at
least two members of the Committee, shall convene a Committee Meeting.
7.9.5. The
Committee shall have power to fill such vacancies amongst its number
or appointees as may occur during its term of office.
7.9.6. The Chairman of the meeting shall have a
casting as well as a deliberative vote.
7.9.7. The
Committee shall have power to appoint sub-committees for any purpose and to
delegate to such sub-committees such powers as may be deemed desirable, which
sub-committees need not comprise members of the Committee, provided no
sub-Committee may bind the Club to third parties, unless authorized to do so by
resolution passed by the Committee.
7.9.8. The
Committee shall have the power to appoint a Vice-Captain from amongst its
members to assist the Club Captain with his duties and to deputize for him in
his absence.
7.9.9. The
Committee may elect a Vice-Chairman from amongst its members who shall preside
at meetings in the absence of the Chairman.
8. POWERS OF THE COMMITTEE
8.1. The
Committee, in addition to the powers otherwise conferred upon it by these
rules, shall have power and authority to do any act, matter or thing which
could or might be done by the Club, excepting such matters as are in these
rules specially reserved to be dealt with at a General Meeting of members.
8.2. The
Committee shall in addition to it’s general powers, have the following special
powers:
8.2.1. To appoint,
suspend and discharge all or any of the employees of the Club and fix their
remuneration and terms of employment in their sole discretion.
8.2.2. To
institute, conduct, defend, compound or abandon any legal proceedings by or
against the Club or otherwise concerning the affairs of the Club.
8.2.3. To make,
vary and repeal rules, local rules and by-laws for the regulation of the
affairs of the Club, it’s members, its officials and servants.
8.2.4. To grant or
refuse consent to persons, not members of the Club, to use the Club’s property
upon such terms, as it may think fit, at it’s discretion.
8.2.5. To hold
competitions and tournaments and to make any special arrangements therefor, and
to set aside the Club’s grounds, or any
part thereof, for any special purpose whatsoever, and to regulate and maintain the course and the
conditions of play thereon.
8.2.6. To arrange
terms of reciprocity with other Golf Clubs, but subject always to the
provisions of the applicable Liquor Laws.
8.2.7. To purchase,
sell, lease or in any other way acquire movable and immovable property, which
it may deem necessary or desirable for the purposes of the Club.
8.2.8. To
authorize, by resolution, any one of three members of the Committee to sign,
with the Manager, on behalf of the Club and all members of the Club, all powers
of attorney, contracts, agreements or other deeds or documents requiring
signatures, and to open a banking account or accounts through which the Club’s
financial transactions shall be conducted in the name of the Club, to draw,
accept, endorse, make and execute Bills of Exchange, Promissory Notes, cheques
and other negotiable instruments connected with the business of the Club. Such Bill of Exchange, cheques and other
negotiable instruments shall be signed in the manner provided for hereunder
(amended 2007).
All Subscriptions and other
monies received from any source whatsoever, shall be paid into a banking
account in the name of the Club. All
payments therefrom shall be made by cheque drawn on the banking account and signed
by any one member of the Committee, so authorized, and the Manager, provided that this shall not
include such petty disbursements as are sanctioned by the Chairman, or the
Chairman of the Finance Committee, and of which a detailed record shall be
kept.
8.2.9. To fix the remuneration of the Auditors and to
fill any vacancy occurring in the Auditorship between Annual General Meetings.
8.2.10. To apply for a renewal from time to
time, such necessary licence or licences for the purposes of the sale of
liquor, and other commodities, upon the Club premises.
8.2.11. To buy, prepare, sell and deal in
all kinds of golfing requisites and all kinds of provisions and refreshments
for the convenience of members, provided that the Committee may enter into
contracts with third parties for these purposes on such conditions as the
Committee may determine.
8.2.12. To vote, from the funds of the Club,
such amount as they may decide as an honorarium or bonus to officials or
employees, or as subscription to any charitable or other fund.
8.2.13. To invest any funds, which it may
consider surplus to the immediate requirements of the Club in Government or
Municipal Stocks, Banks, or Financial Institutions and upon such terms and
conditions, as it shall deem, fit.
8.2.14. To deal with any condition or
circumstances arising from which specific provision is not made in these rules.
8.2.15. To determine competition fees, green
fees, visitor’s fees and caddie fees from time to time and the conditions
relating thereto.
8.2.16. To fill any vacancy occurring on the
Committee during a fiscal year.
9. LADIES’ SECTION
9.1. The lady
members shall form a Ladies’ Section and draw up Rules and By-Laws for the
government and internal management of that section. Such Constitution and By-Laws and any
amendments thereto shall be approved by the Committee of the Club before
becoming operative.
9.2. The Ladies
Section shall be subject to the jurisdiction of the Kimberley Golf Club and of
that Club’s Committee, and shall act within the framework and be subject to the
terms and rules of this Club’s Constitution, By-Laws, rules and local rules.
9.3. The
Captain of the Kimberley Golf Club shall be ex officio, the President of the
Ladies’ Section.
10. GENERAL AND SPECIAL GENERAL MEETING
10.1. The Annual
general Meeting of Members shall be held at such time and place as the
Committee may determine, but not later than four months after the close of the
Club’s financial year.
10.2. At every
such meeting there shall be presented an Audited Balance Sheet setting out the
Club’s financial position at the year ended 31 December immediately preceding,
and an Audited Revenue and Expenditure Account for that same period; copies
thereof shall be posted on the Club’s Notice Board and shall be available for
all members at the Manager’s office at least ten (10) days prior to the
meeting. Copies shall, furthermore, be
submitted to each member attending the meeting.
10.3. The business
to be transacted at the Annual general Meeting shall be:
10.3.1. To confirm
the Minutes of the previous Annual general meeting.
10.3.2. To receive the report of the Committee on
the affairs of the Club for the year ended 31 December, immediately preceding.
10.3.3. To
receive and consider the financial statements for the year ended 31 December,
immediately preceding.
10.3.4. To
elect the office-bearers and other members of the Committees for the ensuing
year, as provided for in Rule 7.
10.3.5. To
appoint Auditors for the ensuing year.
10.3.6. To
consider any resolutions concerning the affairs of the Club, of which due
notice has been given, and any business concerning the affairs of the Club
which is brought under consideration by the report of the Committee.
10.3.7. To
elect Life Members, if any, recommended by Committee of which notice has been
given.
10.3.8. To
discuss and resolve on any other matters affecting the welfare of the Club.
10.4. The
Committee may, however, at any meeting bring forward any business, which it
considers requires the immediate decision of members of the Club.
10.5. Only Full
Members of the Club, as defined in Rule 3.1, shall have a vote at a General
meeting. Members belonging to any
classes of membership may attend General Meetings, but shall not be entitled to
vote, or to have any voice in the Management of the Club’s affairs. All matters at a General Meeting shall be
decided by a majority of votes, unless otherwise provided for in these
rules. All votes shall be taken on a
show of hands, unless a ballot is demanded by not less than ten members present
and entitled to vote. The Chairman shall
fix the time and mode of such ballot.
The meeting may be adjourned from time to time by a majority of votes.
10.6. The
Committee may at any time call a Special General Meeting of Members by giving
not less than ten days notice, specifying the objects for which the meeting is
called. The Committee shall, in like
manner, call a Special Meeting of Members upon receipt of a requisition signed
by 25 (twenty-five) Full Members of the Club specifying the object for which
such meeting is called. Notice of the
Meeting shall be given in the same manner as that provided for in paragraph
10.10 below.
10.7. Subject to
the powers of the Committee referred to in Rule 10.4 no business other than that
specified in the notice shall be transacted at such meeting, but any resolution
strictly relating to such business may be submitted to such meeting.
10.8. The quorum
for a General Meeting or Special General Meeting of members shall be 25 (twenty
five) members entitled to vote, and in good standing, provided that, if no
quorum be present within 15 (fifteen) minutes after the time fixed for the
meeting, the meeting, shall in the case of an Annual General Meeting or a
Special General Meeting called by the Committee, be postponed to the same
place, day and hour in the following week, and, at such an adjourned meeting,
the members present and entitled to vote shall be deemed to be the quorum for
the transaction of all the business of the Meeting.
10.9. In the case
of a Special General Meeting called by the requisition of members, if no quorum
be present within the time specified above, the meeting shall be dissolved.
10.10. Notice of the
day, hour and place of the Annual General Meeting or of a Special General
Meeting shall be posted by ordinary mail to all full members at least ten (10)
days prior to a meeting. In addition a
copy of the Notice shall be posted on the Club Notice Board at least ten (10)
days prior to a meeting.
Notice of any Resolutions
to be proposed at a meeting must be lodged with the Manager of the Club at
least fourteen (14) days prior to the meeting at which it is to be considered
and notice of such Resolutions shall accompany or be included in the Notice of
the Meeting and shall also be posted on the Club Notice Board.
Where short notice has been
given same may be condoned by a two-thirds majority of those present at the
meeting and eligible to vote.
10.11. The Chair at
all meetings of members shall be taken by the Chairman of the Committee, or in
his absence, by the Vice-Chairman, if one has been elected, failing which by
the Captain. Should all be absent, the
members present and entitled to vote, shall elect a Chairman for that meeting.
10.12. In all cases
of equality of votes at General Meetings, the Chairman of the meeting shall
have a casting vote. Unless a ballot be
demanded as provided in Rule 10.5 the declaration of the result by the Chairman
shall be conclusive.
11. CONDUCT OF MEMBERS
11.1. All members
shall conduct themselves in a proper manner and in accordance with the general
principles of golf ethics and proper behaviour, in accordance with these rules
and By-Laws and other requirements of the Club and shall act respectfully and
courteously to other members and employees of the Club.
11.2. Should any
member, in the opinion of the Committee, commit any willful breach of the rules
or by-laws of the Club, or be guilty of improper, dishonest or unworthy
conduct, or fail to make any payments of monies due to the Club after due
notice, or be guilty of conduct unbecoming or prejudicial to the interests of
the Club, whether within the Club’s precincts or outside them, the Committee
shall have the power:
11.2.1. To expel
such member.
11.2.2. To
deprive such member of any or all the rights and
advantages
of his, or her, membership during such time or period as the Committee in its
absolute discretion, may deem fit and advisable.
11.2.3. To
call upon such member, in writing, through the Manager, to resign, and if he or she fails to resign
within 14 (fourteen) days of the date
of such request, to expel such member.
11.2.4. To
call upon such member to appear before the Committee or a sub-committee
appointed for that purpose and there to explain his, or her, conduct and should
such member fail to appear when called upon; to expel or otherwise deal with
such member as provided in these rules.
Notwithstanding the above,
the Committee may appoint a sub-Committee to deal with the above matters and
such sub-Committee shall have the same powers as the Committee, provided
however, that it’s decision shall be subject to ratification by the Committee
at it’s next meeting.
11.3. Any member,
expelled or called upon to resign by the Committee, shall have the right to appeal
against the Committee’s decision to a Special Meeting of members, called for
that purpose.
11.4. Such special
meeting shall be convened without delay, after the member concerned has
notified in writing his, or her, desire thus to appeal and has deposited with
the Secretary a sum of money which, in the opinion of the Committee, will be
sufficient to cover all expenses which would be incurred in convening and
holding the Special Meeting. In the
event of the member’s appeal proving successful, the deposit shall be refunded.
11.5. Where an
appeal has been lodged in accordance with these rules, the Committee’s decision
shall remain in abeyance, but the member concerned shall, from the date of such
decision until the decision of the Special meeting is obtained, be precluded
from all privileges of membership.
12. GENERAL
12.1. Non-Members of the Club may be introduced to
the Club premises, by any member or the Manager, as playing guests on payment
of such fees and subject to such conditions as the Committee may from time to
time determine.
12.2. A member may not introduce more than 6 (six)
playing guests at any one time, without having first received the express
sanction of the Captain, or in his absence, any Committee member present, or
the Manager.
12.3. The names and full residential addresses of
all guests must be entered by the member or members introducing them, in the
Visitor’s Book kept for that purpose, which entry must be signed by the
introducing member, or members.
12.4. The responsibility of ascertaining whether a
guest is eligible to be introduced as such to the Club and generally all
responsibility relating to a guest while on the Club premises shall rest on the
member introducing such guest or guests.
No member who has been expelled or asked to resign by the Committee in
terms of Rule 11 shall be introduced to the Club as a guest.
12.5. Club Notices to members shall be posted on
the Notice Board provided on the Club’s premises. This posting shall be regarded as sufficient
notice to each and every individual member.
12.6. Members shall communicate their addresses
from time to time to the Manager, who shall keep an official register of
members and their addresses.
12.7. Notices shall be considered to be properly
delivered by posting same to a member’s address in the Manager’s records. In the event of such member failing to
register his, or her, address, such notice shall be considered to be properly
delivered by placing the same in the Club’s letter rack.
12.8. In case of doubt as to the meaning of any
rule or by-law the interpretation of the Committee shall be binding upon
members.
12.9. All complaints and suggestions shall be
lodged by letter to the Manager and be brought before the Committee. A member may also make use of the Complaints
Book.
12.10. Under no circumstances is a servant or employee
of the Club to be reprimanded directly by a member, and all complaints shall be
lodged with the Manager or Chairman.
12.11. A scale of charges shall, from time to time be
fixed by the Committee and exhibited in the Clubhouse, together with entrance
and subscription fees payable by member.
12.12. All immovable property acquired by the Club
shall be vested in its Trustees who shall number not less than two. The Committee, for the time being, shall have
power to appoint such Trustees, from time to time, and delegate to such
Trustees all such powers, as the Committee may consider necessary and expedient
in the interests of the Club. In the
event of there, for any reason whatsoever, being no trustees, the Committee
shall be deemed to be trustees for the purposes of this role or to appoint
trustees.
12.13. All acts done by the Committee or members
thereof in bona fide execution of their duties, shall be deemed to have
been done by the Club as a whole, and the members of the Committee shall be
liable for such acts only to an equal extent with other members of the Club.
12.14. Any local rule or by-law, made or amended by
the Committee, shall be posted on the Notice Board at the Club, and thereafter
shall have effect and be binding on all persons as if it were part of these
rules, until it is revoked either by the Committee, or by a vote of an Annual
or Special General Meeting. Any by-law
or local rule revoked by the Committee shall cease to be operative after a
notice to that effect has been posted on any of the Notice Boards.
12.15. Proper books of account shall at all times be
kept and maintained, which shall be subject to examination by an auditor
appointed at the Annual General Meeting of members.
12.16. The game of golf shall be played under the
Rules approved by the Royal and Ancient Golf Club of St. Andrews, Scotland, and
under such local by-laws as may from time to time be framed by the Committee,
provided they are not in conflict with the Rules and by-laws of the Royal and
Ancient Golf Club of St. Andrews, Scotland.
12.17. It is a condition of membership, including
temporary, and visitors membership, that such members and persons (including
their guests) join and use the facility of the Club and its environs and play
golf and enter the Clubs premises and grounds, at their sole and absolute risk,
and the Club, its employees and officials shall under no circumstances be
liable for any claims of any kind or nature whatsoever, nothing excepted
arising from any act or acts of commission or omission, whether negligent or
not, by any member, player, employee, official of the Club or by any other
person.
13.
13.1 This
Constitution may be amended at a properly constituted Special General Meeting
or at the Annual General Meeting of which proper notice has been given in terms
of paragraph 10.10 of this constitution.
13.2 The notice
of the meeting must be set out clearly and concisely the amendment(s) proposed.
13.3 Any
amendment, in order to be passed, shall require a majority vote of not less
than two thirds of the members present and entitled to vote.
(Amended 2007)
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