Constitution

AMENDED 11 OCTOBER 1986, 18 AUGUST 2001, 07 SEPTEMBER 2002, 02 AUGUST 2003, 02 SEPTEMBER 2006, 21 JULY 2015

1. NAME:

1.1 The name of the Association is the Haenertsburg Trout Association, hereinafter called the HTA.

2. PROPERTY:

2.1 The HTA shall be non-proprietary and at no time shall any assets or profits be distributed amongst its members. The assets, property and revenue of the HTA are vested in the Committee of the HTA for the time being elected, and they shall stand possessed thereof in trust for the Association.

3. OFFICE:

3.1 The office of the Association shall be at such a place as may be determined from time to time by the Committee.

4. AIMS AND OBJECTIVES:

The aims and objectives of the HTA shall be; 4.1 To further the propagation and protection of trout. 4.2 To assist in the implementation of Ordinance no. 17 of 1967 (Limpopo Department of Nature Conservation) as amended from time to time and the regulations published thereunder as amended from time to time. 4.3 To preserve trout waters and exercise control of the fishing therein. 4.4 To popularise trout fishing by securing for its members the rights to fish dams and rivers in the designated area. 4.5 To foster good fellowship amongst its members. 4.6 To raise funds for the purpose of furthering the development and improvement of trout fishing especially for the benefit of HTA members. 4.7 To hold such functions, social gatherings and other events as may be deemed by the Committee to be in the interest of the HTA and the furthering of its aims and objectives. 4.8 To enter into any lease, agreement or other arrangement which will confer upon the HTA any exclusive or non-exclusive, limited or unlimited rights to use fish or otherwise employ rivers or dams as may be necessary for these aims and objectives. 4.9 To enter into arrangements and to co-operate with the Department of Nature Conservation and any other such Board and Committee or Organisation already in existence or as may be created by Government, Province or Local Authorities. 4.10 To purchase, lease, rent, hire any property or ground and to control or develop that property or ground for the furtherance of these aims and objectives.

5. COMMITTEE AND OFFICERS:

The affairs of the HTA shall be managed and conducted by the Committee elected by its members at an Annual General Meeting in accordance with the following procedures. 5.1 The Committee of the HTA shall consist of a maximum of ten and a minimum five executive members, which shall include the Chairman, Treasurer and Secretary. 5.2 Members of good standing shall elect the Committee. 5.3 At each Annual General Meeting of the HTA, members shall elect from a list of nominations the new Committee. Those Committee members who so desire shall be eligible for re-election. 5.4 All members seeking election or re-election shall forward their names with the position sought duly proposed and seconded by members of the HTA to the Secretary not later than thirty days before the Annual General Meeting. The list of nominations shall be included in the agenda of the forthcoming Annual General Meeting. In the event of there being more than one nomination for a particular position on the Committee, then an election shall be conducted by ballot.

6. POWER, DUTIES AND PROCEEDINGS OF THE COMMITTEE:

The Committee shall have power to: SECTION A: 6.1 Make or amend rules, by-laws and regulations to further or control any of the aims and objectives of the Association. 6.2 Contract on behalf of the HTA with riparian owners for the acquisition of water on such terms as the Committee may decide. 6.3 Co-opt members at any time that circumstances are deemed appropriate. 6.4 Limit membership at any time that circumstances are deemed appropriate. 6.5 Recommend to the Annual General Meeting an increase or decrease in entrance fees and annual subscriptions. 6.6 Impose any charges, which may be deemed necessary from time to time for the furtherance of the aims and objectives. 6.7 Elect a Chairman from own number at their first meeting. SECTION B: 6.8 A resolution signed by at least six members of the Committee shall be as valid and effectual as if it had been passed at a meeting of the Committee duly called and constituted. 6.9 The quorum at a Committee meeting shall be four. 6.10 The place and time of Committee meetings shall be determined by the Chairman or failing him by the Secretary. 6.11 Questions arising at any meeting of the Committee shall be decided by a majority of votes but in the case of an equal number of votes, the Chairman shall have casting vote in addition to his deliberate vote. 6.12 Providing that any rule, regulation, change or amendment introduced or recommended by the Committee shall be included in the agenda of the next Annual General Meeting and shall only be effective until ratified by the next Annual General Meeting unless expressly excluded in the Constitution. SECTION C: 6.13 At the discretion of the Committee a Junior Committee may be formed composed of such Junior Members and given such responsibilities as may be decided by the Committee but at no time giving the Junior Committee any executive responsibility whatsoever.

7. ALTERATIONS TO THE CONSTITUTION:

7.1 No alteration, addition or amendment to, or rescission of any clause or paragraph of the Constitution may be made except with the consent of at least 2/3rds of those present and entitled to vote at a General Meeting. Any proposed change to the Constitution must be submitted in writing to the Secretary at least 40 days prior to such a meeting and such proposed change circulated as required by the Constitution.

8. INTERPRETATION OF RULES:

8.1 Should any doubt arise as to the interpretation of the Rules and Bylaws of the HTA the interpretation placed thereon by the Committee shall be on all members until ratified at the next Annual General Meeting.

9. ANNUAL GENERAL MEETING:

9.1 The financial year of the HTA shall end on the 30th day of June and the Annual General Meeting shall be held not later than the end of October of the same year. 9.2 The business of the Annual General Meeting shall be: 9.2.1 To receive and consider the Auditors Report and Accounts of the HTA for the proceeding financial year. 9.2.2 To elect a new Committee. 9.2.3 To appoint an auditor and to confirm his remuneration for the past year. 9.2.4 To transact any business arising out of the report accounts. 9.2.5 Any other business raised shall be called “general” and may be transacted at the Annual General Meeting.

10. NOTICE OF MEETINGS:

10.1 The Secretary shall mail a notice of any Special or Annual General Meeting of the HTA to each member at the address which appears against his name in the books of the HTA via e-mail to the members’ last nominated e-mail address. Notice to be forwarded at least fourteen days before the date of such meeting. 10.2 The accidental omission to send such a notice to any such member shall not invalidate such General or Special meeting. 10.3 Each such member shall register an e-mail address with the Secretary of the HTA and in case he should fail to do so it shall be taken that he has waived his right to any and all notices of general meetings, or any other notice. 10.4 Any notice forwarded via e-mail, shall be deemed to be due notice given.

11. REQUISITIONS FOR SPECIAL GENERAL MEETINGS:

11.1 The Committee shall, on receiving a requisition signed by not less than twenty members call a Special General meeting of the HTA within 30 days of receipt of this requisition. Such requisition to state the object of the proposed meeting and to be addressed to the Secretary in writing.

12. QUORUM FOR GENERAL MEETING:

12.1 Ten ordinary members personally present and entitled to vote shall form a quorum for any general meeting of the HTA. Should the number of such members to form a quorum fail to attend at any such meeting, it shall stand adjourned to such a place and time as the Committee shall determine but in any case not longer than sixty days. Any such member or members attending the subsequent adjourned meeting shall be deemed to form a quorum for the transaction of business.

13. VOTING AT MEETINGS:

13.1 Every member present shall be entitled to one vote on each subject at any general meeting. In the event of a ballot on a specific item on the agenda of a general meeting, any member may appoint a proxy, in writing (which must be produced) to vote on his behalf.

14. LIABILITY OF MEMBERS:

Each Member shall; 14.1 Be liable for the payment of an entrance fee and annual subscriptions as set by the Committee. 14.2 Acquaint themselves with the existing Constitution of the HTA and adhere to the Constitution, all bylaws, rules and regulations of the HTA. 14.3 Be liable for penalties as may be imposed by the Committee for the transgression of bylaws, rules and regulations eg. failure to cancel bookings timeously.

15. CONDUCT OF MEMBERS:

15.1 Members of the HTA are expected to report to the Committee any member or guest whose conduct is contrary to the interests of the HTA. Should the conduct of any member or guest be in the opinion of the Committee contrary to the interests of the Association, the Committee may summarily suspend such member or ban the guest from further fishing privileges or request such member to resign and should he/she not do so within fourteen days from the date of such a request the Committee shall be empowered to remove his name from the list of members.

16. DISCIPLINARY ACTION:

16.1 In the event of a member failing to comply with the Constitution, Bylaws, Rules and Regulations of the HTA, the Committee shall investigate the allegations through the offices of the disciplinary sub-Committee consisting of a minimum of three members, which body shall be appointed by the Chairman of the HTA. The findings of the Disciplinary Sub-Committee and its recommendations shall be placed before the Committee. 16.2 The decision of the full Committee shall be deemed as final. A member may be warned, incur penalties as prescribed by the Committee, suspended for a period of time and/or expelled by the Committee for any breach of the Constitution, Bylaws, Rules and Regulations.

17. DEFAULTING MEMBERS:

17.1 Any member who fails to discharge any liability to the HTA within twenty one days after written notice has been forwarded to the member’s last known address by registered post or to his/her’s e-mail address to discharge the liability and the member refuses to do so, the HTA Committee shall inform the member that in view of the member’s non-performance and/or non-compliance, the member may be suspended and/or expelled from the HTA. Notice of such suspension shall be posted to such member by registered post and/or via e-mail. 17.2 Any member who has not paid his subscriptions in full by the 1st day of August shall automatically cease to be a member of HTA. Such person will however be entitled to reapply for membership through the normal application channels and be required to once again pay the normal entrance fee and subscriptions. The person’s application will then be considered by the Committee and if accepted, shall once again become a member of the HTA.

18. REINSTATEMENT OF SUSPENDED MEMBER:

18.1 Application by a suspended member for reinstatement must be made not later than one month after the date of the letter advising him of his suspension posted by the Committee. Such application shall be considered by the Committee, whose decision thereon shall be final and binding. Failing reinstatement, such suspended member shall cease to be a member and he shall not be entitled to be refunded of any fees or subscription paid.

19. RESIGNATION OF MEMBER:

19.1 Any member wishing to resign membership of the HTA must intimate such intention in writing to the Secretary prior to the 30th June, failing which he will be liable for the following season’s annual subscriptions. 19.2. A Member who has resigned from the HTA and reapplies within two years of the resignation may not be required to pay another entrance fee.

20. PRIVATE ARRANGEMENTS:

20.1 No Member of the HTA may enter into any form of a lease of trout waters either on his own account or in partnership, without the prior consent of the Committee. This excludes any arrangement existing before December 1984.

21. FUNDS AND ACCOUNTS:

21.1 The funds of the HTA shall be deposited in an account with a bank or building society, which shall be operated by the Treasurer in conjunction with the Chairman, Vice Chairman or nominated Committee members. 21.2 The Treasurer shall keep a full and faithful and business like record of his transactions with monies from the HTA and preserve all vouchers and documents pertaining thereto. 21.3 The Treasurer shall submit at the Annual General Meeting audited accounts of receipts and expenditure for the year ending 30th June preceding. 21.4 Disbursements shall be authorised by the Committee.

22. SECRETARY:

22.1 The Secretary shall minute and subsequently submit for confirmation in a proper manner, the proceedings of all General and Committee Meetings. 22.2 The Secretary shall call such meetings by written notice sent out at such previous dates as the Committee may from time to time appoint. 22.3 The Secretary shall conduct and preserve all correspondence on behalf of the HTA and shall cause minutes to be kept in soft and hard copy, in which all resolutions and minute proceedings shall be recorded. 22.4 All minutes shall be signed by the Chairman, and when so signed by the Chairman shall be conclusive evidence of the correctness of the entry.

23. SIGNING OF DOCUMENTS:

23.1 All documents which are required to be executed on behalf on the HTA shall be deemed to have been correctly and properly executed if signed by any two of the following: The Chairman, Secretary/Treasurer, Vice Chairman, or nominated Committee members.

24. LEGAL PROCEEDINGS:

24.1 The HTA may sue or be sued in its name, in any competent court of law and be represented in any legal proceeding by a member of the Committee or any other person authorised by the Committee.

25. INDEMNITY:

25.1 The Committee, for the time being of the HTA and every one of their heirs, executors and administrators shall be indemnified and shall be held harmless out of the funds and property of the HTA from and against all action, costs and charges, losses, damages and expenses which they or any of them, their heirs, executors or administrators shall or may incur or sustain, by reason of any act done, concurred in or omitted, in or about the execution of their duties or supposed duty in their respective offices, except such, if any, as they shall incur or sustain by or through their own wilful neglect or default respectively.

26. POWER TO AFFILIATE:

26.1 The Annual General Meeting of the HTA may, if considered advisable by the Committee, make affiliation arrangements with any similar organisation.

27. MEMBERSHIP:

27.1 An applicant for membership shall be proposed and seconded in writing by two members of the HTA and be considered by the Committee whose majority decision shall be final. 27.2 In the event of an application for membership being refused, the unsuccessful applicant may not be proposed again until six months have elapsed since the refusal.

28. ORDINARY MEMBERS:

28.1 The entrance fee and annual subscription payable by ordinary members, which includes lady members, herein after, referred to, as the members shall be determined by the members at Annual General Meetings from time to time.

29. GUESTS / TEMPORARY MEMBERS:

29.1 Any person may become a guest/temporary member of the HTA by applying to the HTA Secretary and on payment of such a fee as may be determined by the Committee from time to time. Such guest/temporary member shall be subject to the Constitution, Bylaws, Rules and Regulations of the HTA.

30. ABSENTEE MEMBERS:

30.1 Any Member who gives written notice to the Secretary that he will be absent from Southern Africa for the whole of such a season, may be placed on the list of Absentee Members, and shall pay such fee if any, as may be laid down by the Committee from time to time. Provided that, should he return to Southern Africa within two years, he will write to the Secretary and his name will revert to the list of members.

31. HONORARY MEMBERS, TEMPORARY HONORARY MEMBERS (LANDOWNERS) AND SPECIAL MEMBERS:

31.1 On the written proposal of a member and duly seconded by another two members and received by the Secretary at least 40 days prior to the Annual General Meeting and if approved by the Committee, a person may be recommended to an Annual General Meeting for honorary membership. 31.2 Voting may be by ballot with a decision by simple majority. 31.3 If approved, an honorary member may pay such a fee, if any, as may be laid down by the Committee from time to time. 31.4 Temporary honorary membership may be granted by the Committee to persons including riparian owners whose waters are open to the HTA for such period as may be decided upon by the Committee. 31.5 Honorary members are not entitled to vote at the Annual General Meeting. 31.6 Special membership may be granted by the Committee from time to time for reasons that may be deemed as special by the Committee. 31.7 Special membership is temporary and may be reviewed by the Committee from time to time. 31.8 Non fishing wives of Members will be considered as honorary members.

32. JUNIOR MEMBERS:

32.1 Junior Members (under the age of 19 on the 1st of July of that year), are eligible for an Entrance Fee and Annual Subscription to be determined by the Committee from time to time. Junior 32.2 Members shall not be allowed to vote at the Annual General Meeting. (PROPOSED AMENDMENT FOR AGM 2021) Any child under 13 years of age can become a non-paying member of the HTA. He/she must fish under the supervision of a responsible adult. The adult takes full responsibility for the safety of the child when out fishing. No entry fee or subscription fee is required from a child under 13 years of age. Children between the ages of 13 and 18 years will pay a junior subscription fee for the year which is 50% of the normal subscription fee of an ordinary adult member. If the parent of the junior is a paid up adult member of the Association then, the entry fee is waived, the subscription fee is at half price. A paid up junior member between the ages of 13 and 18 fishing on any of our waters must be accompanied by a responsible adult. The adult takes full responsibility for the safety of the child when out fishing. Junior membership allows the junior access to all the waters of the HTA without having to purchase day tickets. Junior membership rules apply to the junior up to and including his/her 18th birthday or, up to when he/she completes his/her post matric studies. Junior members progress on to senior membership without having to pay entry fees. )

33. COUNTRY MEMBERS:

33.1 Country Members shall be those ordinary members who reside outside a 200km radius of Haenertsburg. They will be eligible for full entrance fee but special annual subscription, to be determined by the members at the Annual General Meeting will be payable. 33.2 Country Members are entitled to the full rights and privileges as ordinary members.

34. NON FISHING WIVES:

34.1 Non fishing wives of members will be considered as Honorary Members but shall not be required to pay any entrance or annual subscription and will not be allowed to vote at the Annual General Meeting.

35. ENTRANCE FEE:

35.1 Entrance fee for all classes of membership shall be determined by the members at the Annual General Meeting and must accompany the application for membership.

36. SUBSCRIPTIONS:

36.1 The Members of the HTA shall determine the annual subscription payable for each class of membership at the Annual General Meeting. 36.2 The subscription shall become due and payable in advance on the last day of June in each and every year, and only upon payment of such subscription shall a member e entitled to fish HTA waters. 36.3 A member joining the HTA after December 31st in any year shall be required to pay the ruling entrance fee but only half of that year’s annual subscription.

37. DISSOLUTION:

37.1 If it is considered that this Association is not fulfilling the aims and objectives for which it was created, or for any other reason, it is considered necessary to dissolve it then it may be dissolved by a resolution passed by a two thirds majority of members present at a General Meeting. 37.2 If that resolution is passed then the Committee shall act as the liquidators of the Association and after payment of all expenses shall distribute the balance of any monies or assets in a manner decided at the General Meeting; provided that such monies or assets shall not be paid or distributed to or among any members of the Association.