Mossel Bay Yacht and Boat Club
CONSTITUTION & BY-LAWS

Revised AGM August 2014

1. TITLE
The name of the Club shall be the Mossel Bay Yacht and Boat Club, abbreviated to MBYBC and in Afrikaans: Mosselbaai Seiljag- en Bootklub.
2. HEADQUARTERS
The headquarters of the Club shall be at the Club premises in Mosselbaai.
3. CLUB INSIGNIA
3.1. The Club Flag shall be a triangular pennant with the fly to be 1,5 times as long as the hoist with Southern Cross consisting of four pentagon stars and one smaller star in white set on a blue background . : an example of which shall be retained with the Club records for reference and as registered with the Bureau of Heraldry.
3.2. The Club tie shall consist of a blue tie with the Club burgee with a white margin and partial flag pole embroidered on it: an example of which shall be retained with the Club records for reference. In the case of a Honorary Life Member it shall have a red border and in the case of club colours it shall have a gold margin.
4. OBJECTS
The Objects of the Club shall be:
4.1. The promotion of Yachting in and around Mosselbaai.
4.2. The promotion of Boating and amateur Boat Angling in and around
Mosselbaai.
4.3. The promotion of Diving in and around Mosselbaai.
4.4. The provision of relevant facilities for members.
4.5. The promotion of good seamanship amongst members.
4.6. The promotion of good sportmanship amongst members.
4.7. The performance of all such other activities as are incidental
to or conducive to the attainment of the above objects.
5. MEMBERSHIP
5.1. Membership of the Club shall be regardless of race, colour or creed and may be limited as to numbers and shall be comprised of:
5.1.1. Ordinary Members
5.1.2. Family Member
5.1.3. Junior Members
5.1.4. Honorary Members
5.1.5. Honorary Life Members
5.1.6. Temporary Members
5.1.7. Lady Members
5.1.8. Absentee Members
5.1.9. Reciprocity Members
5.2. Ordinary Members shall consist of all members who do not fall within one of the other categories of membership.
5.3. Family members are the spouse and the dependants of Ordinary Members, Honorary Members and Honorary Life Members.
5.4. Junior Members shall consist of members who is a scholar or student, under the age of 21 years whose parents are not members and are through the relevant water sport section affiliated to a sporting body.
5.5. Honorary Members shall consist of persons who have been granted such membership by the Main Committee for good cause. Honorary Membership would normally be for one year only but may be renewed at the discretion of the Main Committee.
5.6. Honorary Life Members shall consist of Ordinary Members who have rendered extra-ordinary or outstanding service to the Club and who, on the recommendation of the Main Committee, have been elected as such by the Club at a General Meeting.
5.7. Absentee Members shall consist of members who during a particular year will be resident outside the borders of the Republic of South Africa for more than eleven (11) months of that year and who give notice of such fact to the Club. They shall then be exempt from the annual subscription for that year.
5.8. Special provision is made for Lady Members who were elected under the constitution in force as at 31st October 1995. No new Lady Members will be considered except as Ordinary Members.
5.9. Temporary Members shall consist of
5.9.1. a visiting boat owner who wish to use the Club’s facilities temporarily. Such visitors shall be eligible for a 30 day Temporary or Reciprocity Membership if they reside outside the Mossel Bay Municipal District. Temporary Members and Reciprocity Members shall not be entitled to introduce Guests to the restricted premises.
5.9.2. a member who wish to join the Club but are unable to do so because they have not known members for sufficient length of time who can propose or second them. The limited period of time shall not exceed six (6) months.
5.10. Reciprocity membership shall be to members in good standing at any another club with which the MBYBC has a reciprocity agreement.
6. ELECTION TO MEMBERSHIP
6.1. Any person desiring Ordinary or Junior Membership, shall be proposed by an Ordinary Member who shall have been a Member for at least two (2) years, seconded by another who shall also have been a Member for at least two (2) years, both of whom have personally known the candidate for membership. The application/proposal together with a photograph of the nominee shall be posted on the Club Notice Board for at least fourteen (14) days prior to the following meeting of the General Committee.
6.3. Any ordinary member can exercise the right to an opinion towards application of a new member in writing. The Main Committee shall investigate a such before interviewing the applicant.
6.4. A remittance covering the entrance fee and subscription due shall accompany the nomination form, except when a candidate request monthly payment as envisaged in paragraph 8.7, then one tenth (10%) of the entrance fee together with one tenth (10%) of the subscription due, shall accompany the Nomination Forms . Such payments will be refunded should the candidate not be elected.
6.5. The Main Committee may require the presence of the applicant and the proposer in order to further evaluate the suitability of the candidate for membership and to verify that the applicant has read and understand the abovementioned Club rules.
6.6. The Main Committee shall have authority to accept or reject membership applications. The Main Committee shall elect candidates by ballot, a simple majority being required for election of the new member. The Committee shall not be obliged to furnish reasons for any decision.
6.7. The Secretary shall notify every candidate of his election or rejection.
6.8. A rejected candidate shall not be reconsidered for Membership until the expiration of twelve (12) months from the date of his rejection.
7. TERMINATION OF MEMBERSHIP
7.1. Resignation: Any member wishing to resign from the Club may do so by notifying the Secretary in writing and upon payment of all liabilities due by him to the Club.
7.2. Expulsion due to Improper Conduct: Any member found guilty by the Disciplinary Committee to be guilty of improper conduct in terms of the Constitution, By-laws, Code of Conduct of the Club, may be after due and proper inquiry expelled from the Club. Such expulsion forfeits all rights, claims or privilege upon the Club or its property. An expelled member may not apply for readmission to the Club within 2 years of expulsion. An expelled member shall not be permitted on Club Premises except if he shall have been properly re-elected in terms of clause 6.
7.3. Outstanding Debts to the Club:
7.3.1. Subscriptions: No member who has not paid his annual subscription within sixty (60) days after it became due, nor notified the Club secretary in writing with an acceptable reason, shall be allowed to continue as a member while his subscription is unpaid, nor will be allowed to take part in any Club event or competition. When in default for more than six months such member would have to re-apply and follow the terms of clause 6.
7.3.2. Club Debt: Should any Member incur any liability to the Club, other than his subscription, and fail to discharge such debt on due notice, the Committee shall have power to deal with such Member under paragraph 7.3.1, as though such debt were an annual subscription remaining unpaid on due date. A collection charge or penalty becomes applicable on all overdue accounts.
7.4. Death: Upon death of an Ordinary member the spouse and dependants shall enjoy a continuation of membership until the end of that financial year, upon which the spouse and children will get the opportunity to stay on as a Family member or the dependants as a Junior member without payment of the entrance fee or apply for Ordinary membership by paying an entrance fee.
7.5. Mossel Bay Yacht and Boat Club shall:
7.5.1. Exist in its own right, separately from its members
7.5.2. Be able to own property and other possessions.
7.5.3. Be able to sue and be sued in its own name.
7.6. The Club shall continue to exist even when its membership changes and there are different office bearers.
7.7. Members or office bearers of Mossel Bay Yacht and Boat Club do not have rights over things that belong to the Club.
8. ENTRANCE FEES AND SUBSCRIPTIONS
8.1. The Entrance Fees and Subscriptions for Membership of the Club shall be related to a Basic Fee which shall be reviewed at every Annual General Meeting. For calculation purposes, the Basic Fee is the fee before the addition of VAT.
8.2. The Entrance Fee shall be 1.5 times the Basic Fee. Payment of this fee gives you one vote.
8.2.1. Ordinary members on application pay an entrance fee.
8.2.2. Continuing spouse as a Family member, Junior members, Honorary members and Temporary members do not pay an entrance fee.
8.2.3. Continuing spouse, dependents coming of age and Junior members becoming an Ordinary member do not pay an entrance fee.
8.3. Annual Subscriptions shall be as follows:
8.3.1. Ordinary Members – the Basic Fee
8.3.2. Junior Members – 0.25 times the Basic Fee
8.3.3. Honorary Members -No Fee
8.3.4. Honorary Life Members – No Fee
8.3.5. Temporary Members – 0.75 times the Basic Fee per 30 day period
8.3.6. Lady Members according to clause 5.7 may renew their membership annually at the reduced fee of 0.5 times the basic fee.
8.3.7. Pensioner Members – aged 65-74 years with at least 7 years membership, 75% off basic fee.
8.3.8. Pensioner Members – aged 75+ years with at least 7 years membership, 50% off based on 8.3.7.
8.4. The Main Committee shall have the authority to consider and in deserving cases approve applications by members older than sixty-five (65) whose means have diminished, to pay reduced subscriptions.
8.5. The Main Committee shall have the authority to exempt Committee members from their annual subscriptions under the provisions laid down.
8.6. All members shall pay a fee towards a sporting body that the Club belong to. This fee is decided by the Sporting body annually according to membership category. The distribution of this fee towards the individual sporting bodies shall be calculated as a percentage.
8.7. All Subscriptions shall fall due on the first day of September each year and shall be paid within 60 days after which clause 7.3 is applicable.
8.8. Installment payment of subscription and / or entrance fees.
8.8.1. Application for membership: Where the financial circumstances of an applicant merit, the Main Committee shall have the authority to consider and approve the payment of subscriptions and/or entrance fees in equal monthly installments instead of one payment in advance.
8.8.2. Regular installments shall be by the provision at inception of monthly post dated cheques for the full amount due, or by means of a bank debit order.
8.8.3. The Main Committee shall be entitled to increase the subscription and entrance fees by an amount to cover interest and collection charges.
9. CLUB COURTESY
The Main Committee shall have the power to grant the Courtesy of the Club to any person, club or association as it deems expedient, but always subject to the provisions of Section 26 of the Liquor Act of 1989.
10. GUESTS
10.1. The introduction by Members or senior staff members of local residents, including those who may be eligible for Membership, as guests on Club Premises is permitted, but always subject to the provisions of Clause 33.
10.2. A Member or senior staff members introducing a guest shall forthwith enter his or her name in the Visitors Book provided for the purpose.
10.3. Every Member or senior staff members introducing a guest shall be responsible for the conduct of such guest while on the Club premises.
10.4. The introduction of the same person is limited to once per month (twelve times per calendar year) and only Members of the Club or senior staff members shall be entitled to purchase liquor or refreshments served at the Club.
10.5. Persons eligible for Membership may not habitually make use of the Club Premises and the Main Committee may forbid the introduction of any person as a guest for any reason deemed sufficient by the Main Committee
11. MAIN COMMITTEE
11.1.1. A management committee will manage the Club. The management will be made up of no less than 10 members. They are the office bearers of the Club. The Management committee will be known as the Main Committee and will consist of:
President (Custodian of the Club) #01
Commodore (Chairperson of Main Committee) #02
Vice-commodore (Main Committee elects a Rear-Commodore from its ranks)
Rear-Commodore (Chairperson of Sailing Committee) #03
Rear-Commodore (Chairperson of Boat Angling Committee) #04
Rear-Commodore (Chairperson of Moorings Committee) #05
Rear-Commodore (Chairperson of Diving Committee) #06
Rear-Commodore (Chairperson of Social Committee)
Rear-Commodore (Chairperson of Human Powered craft)
11.1.2. Safety Co-ordinator (Chairperson of Safety Committee) #08
11.1.3. Development Co-ordinator (Chairperson of Development Committee) #09
11.1.4. Treasurer #10
11.1.5. Additional member (re a Secretary co-opted by the Main Committee) #11
11.2. A quorum shall be constituted by seven members (2/3), at least five of whom shall be Flag Officers or their representatives as specified in paragraph 11.3
11.3. Should a Rear-Commodore be unable to attend a meeting of the General Committee, he/she may be fully represented by the Vice-Chairperson of the respective Committee.
11.4. The Main Committee may co-opt a Club Member to fill any vacancy that may occur amongst elected additional members during the year of office.
11.5. Should any Flag Officer who was elected at a Main Meeting, vacate his office during the year, for whatever reason, the General Committee may, if necessary, fill such office temporarily, but shall without delay, call a Special General Meeting for the purpose of electing an officer to fill the vacancy.
11.6. The Manager or any other paid official may attend a meeting at the discression of the Main Committee for reporting and/or administrative purposes, but does not add to a quorum and has no vote. #12
12. CHAIRPERSON
12.1. At all Meetings of the Club, or of the Main Committee, the Commodore or failing him, the Vice-Commodore shall preside. Such Chairperson shall have in addition to a deliberative, a casting vote in the event of equality of voting.
12.2. Where the Commodore and/or Vice-Commodore are absent or personally implicated or have personal interest at the matter under discussion which may impact on their impartiality, the Club members present at any duly constituted Annual General Meeting or Special General Meeting may elect a chairperson from the floor with a simple majority.
13. MEETINGS
13.1. The Main Committee shall meet once per month unless matters necessitate more frequent meetings.
13.2. Proper minutes shall be kept of all meetings and such minutes shall be made available to the members on request and the latest posted on the Notice board.
13.3. Any Member of the Main Committee is allowed to miss one meeting and still be exempted from their annual subscription the following year. If he misses any two meetings he will be liable for half the membership fee. If he has failed to attend any three meetings he will be eligible for the full membership fee and shall, upon request, furnish a reasonable explanation to the Main Committee. Should the explanation be unacceptable, the Member will ipso facto, vacate his seat.
14. POWERS OF THE COMMITTEE
The Main Committee shall have the power
14.1. to buy, sell, let, hire exchange, transfer, receive by way of donation or otherwise, movable and immovable property, including debentures, stocks and shares, provided that any major transaction in respect of the Club premises (including water space) shall first be approved by the Club in general meeting;
14.2. to borrow money on security of immovable property, and pass mortgage bonds on the same, provided that all loans shall first be approved by the Club in general meeting;
14.3. to institute and defend legal proceedings in the Club’s name and perform all legal acts and execute such legal documents as may necessary;
14.4. to generally administer and manage the affairs of the Club
14.5. as constituted in applicable clauses.
15. APPOINTMENT OF STAFF
15.1. The Main Committee shall appoint or terminate the employment of staff for the Club, and arrange their conditions of employment and remuneration.
15.1.1. The Main Committee shall appoint a Club Manager.
15.1.2. The Main Committee shall appoint junior staff.
15.2. Appointments under 14.1.2 may be delegated to a Club Manager in so far as junior staff is concerned.
15.3. Staff employed are not automatically a member of the Club, thus have no vote and attend meetings on invitation only.
16. ACCOUNTS, BOOKS AND AUDIT
16.1. Proper records of the business of the Club shall be kept, including a Register of members, books of accounts, etc.
16.2. The Main Committee shall appoint a bookkeeper to check and control the Accounts and Balance Sheets of the Club. The main committee shall determine the bookkeeper’s remuneration. Such bookkeeper shall not be an Officer of the Club, or a Member of the Main Committee.
16.3. The Current Bank Account of the Club shall be kept in such Bank or banks as the Committee may from time to time decide. All monies collected for or on behalf off the Club shall be signed by two of three signatories nominated by the Main Committee.
16.4. Funds available for investment may only be invested with registered Financial Institutions as defined in Section 1 of the Financial Institutions (Investments of Funds) Act of 1984.
16.5. The monthly balance sheets will be available at the Club office for any Ordinary member to read.
16.6. The Club’s accounting year shall end on the 30th day of June each year.
17. SUB-COMMITTEE
17.1. The Main Committee may appoint Sub-committees consisting of a convenient number of Members who need not necessarily be members of the Main Committee, for any special purposes.
17.2. Specific provision is made for the following Sub-Committees.
17.2.1. The Sailing Committee
17.2.2. The Boat Angling Committee
17.2.3. The Moorings Committee
17.2.4. The Diving Committee
17.2.5. The Social Committee
17.2.6. The Safety Committee
17.2.7. The Development Committee
17.2.8. The Human Powered Craft Committee
17.3. The Sailing, Boat Angling, Moorings, Human Powered Craft and Diving Committees shall be confined to Sailing members, Boat Angling members, Mooring-right Owners, Human Powered Craft Members and Diving Members respectively. Each group shall elect from their members at least twenty-one (21) days before the Club’s Annual general meeting, their Executive Committee.
17.4. Each sub-committee shall from their members elect one representative to the Safety Committee and the Development Committee respectively. The Safety and Development Committees shall elect from their ranks their chairman.
17.5. Each Committee shall administer all matters pertaining to their group including –
17.5.1. for sailing – safety measures for sailing craft – skipper qualifications – sailing competitions – other sailing activities – affiliation to the relevant provincial and national bodies
17.5.2. for boat angling – safety measures for motorized craft – skipper qualifications – angling competitions – other motorized craft activities – affiliation to the relevant provincial and national bodies
17.5.3. for Mooring-right owners – register of mooring rights – transfer of mooring rights – maintenance of moorings
17.5.4. for diving – environmental awareness at all times – scuba qualification -sub-aqua matters – strict adherence to SAUU Safety Rules and Regulations -affiliation to the relevant provincial and national bodies
17.5.5. for social – social activities and events of the Club – fund raising -liaison with restaurant operators – public relations of the Club – complaints
17.5.6. for safety – the promotion of aquatic sport safety in categories as hosted by the Club: Swimming and diving / Rowing and kayaking / Sailing small craft / Sailing Yacht / Ski boat with single motor / Ski boat with two motors / Motor Yachts – safety curriculum and training program in Skipper certification re. Inland waters, up to 1 NM, up to 15 NM, more than 15 NM – examinations – craft surveys – affiliation to the relevant provincial and national bodies
17.5.7. for development – the promotion of aquatic sport development – development curriculum and program – marketing and financial support
17.5.8. for Human Powered Craft- Safety Measure, Human Powered craft affairs.
17.6. Each Committee shall have the power to make, amend and rescind By-laws for the regulation of its activities, provided such By-laws are not in conflict with any Rules or Regulations of the Club.
17.7. Such Committees may levy annual or interim dues for the proper conduct of its affairs, for affiliation fees, competitions, etc. and draft a monthly balance report to the Main Committee.
17.8. Each Committee shall keep proper minutes of meetings and circulate such minutes of meetings to all members of the Main Committee on a regular basis.
17.9. The Main Committee or failing the members at a Special General Meeting may appoint members to serve on a Special Committee consisting of at least two previous full term Presidents and/or Commodores.
17.10. Any Special Committee should always report their findings to the Main Committee first and within 21 days to the members.
18. DISCIPLINARY PROCEEDINGS
18.1. A Special Disciplinary Committee consisting of members of the relevant section will, after proper inquiry, come to a final conclusion and verdict. This committee may take the appropriate steps against the offender. The final outcome will be minuted at the following Main Committee Meeting.
18.2. Any member who thinks himself personally aggrieved by any decision of the Club, Committee or Sub-Committee thereof (other than decision of a Racing or Competition Committee) may appeal against the same in writing provided that the appeal is received within ten (10) days after notification of such decision to the Member.
18.3. The appeal shall be heard by the Main Committee, who will consist at least of the Commodore or President as chairman, the Rear-commodore of the Disciplinary Committee and two additional Flag Officers. Depending on the nature of the hearing previous full term Commodores and Presidents could be co-opted for the proceeding. The decision taken at such hearing shall be final.
18.4. Members shall not be entitled to legal representation at any disciplinary hearing or at the appeal from its findings unless the Chairman of the tribunal concerned so rules. The Main Committee shall not make use of legal representation, regardless of whether or not it has given permission to the Club members concerned. The Club member who does use this privilege shall whatever the outcome of the Appeal be responsible for the legal cost incurred.
19. ANNUAL GENERAL MEETING
19.1. The Annual General Meeting of the Club shall be held not later than August the 31st each year. A special Notice and the Agenda of such Meeting shall be affixed to the Club Notice Board fourteen (14) days before the Meeting and mailed to the last known address of each Member not less than eight (8) days before the Meeting.
19.2. The full financial statements of the preceding year, and the Minutes of the General Meetings held during the year preceding shall be open for inspection by Members during the fourteen (14) days preceding the Annual General Meeting.
20. NOMINATIONS FOR COMMITTEE MEMBERS
20.1. Nominations are required for the following Committee Members
20.1.1. President
20.1.2. Commodore
20.1.3. Treasurer
20.1.4. Rear-commodore Social
20.2. To be eligible for election to the Main Committee, the candidate must have at least been a recent Member of the Club for a minimum of two (2) years.
20.2.1. To be eligible for election to serve as President or Commodore, the candidate must have served for at least two (2) full term years on the Main Committee.
20.3. Not later than 15 July of each year the General Committee shall cause a notice calling for nominations for the Committee Members listed under 20.1.1 to 20.1.4 to be posted on the Club Notice Board and mailed to all the Ordinary Members. Nominations for these Committee Members shall be in writing, shall be signed by the Nominator, Seconder and Nominee and shall be lodged with the Secretary or Manager of the Club not less than sixteen (16) days prior to the AGM at which the election is to take place. All nominations shall be displayed on the Club Notice Board for not less than fourteen days prior to the said AGM. Only Ordinary Members and Honorary Life Members shall be eligible to nominate or second Committee Members.
20.4. Elections at the AGM of nominated Committee Members shall be by means of prepared voting slips and the Member shall mark upon the voting paper a cross against the name of the candidates for whom he intends to vote.
20.5. If additional members are not called for or nominated to serve on the committee, the Main Committee may co-opt members for such position if needed.
20.6. Rear-commodores for Sailing, Boating, Moorings and Diving are elected by their respective sections prior to the AGM and thereby automatically become members of the Main Committee.
20.7. The Co-ordinators for Safety and Development are elected by their respective committees prior to the AGM and thereby automatically become members of the Main Committee.
21. BUSINESS OF ANNUAL GENERAL MEETING
The business of the AGM shall be as follows:
21.1. Apologies
21.2. Conformation of the Minutes of the previous AGM and Matters arising.
21.3. Presentation of the Annual Report(s) of the General Committee.
21.4. Presentation by the Honorary Treasurer of audited Club Accounts.
21.5. Review of Basic Fee.
21.6. Amendments to the Constitution
21.7. Honorary Life Membership
21.8. Contribution to NSRI
21.9. General
21.10. Elections
21.10.1. Election of President
21.10.2. Election of Commodore
21.10.3. Election of Vice-Commodore (Social)
21.10.4. Election of Treasurer
21.11. Closing
22. SPECIAL GENERAL MEETING
22.1. The Main Committee may call a Special General Meeting of the Club, of which not less than fourteen (14) days notice shall be given by posting on the Notice Board in the Club House and mailing to the last known address of each Member not less than eight (8) days before such Meeting. Such notice and requisition shall state the business for which such Meeting is called, and the discussion and resolution or amendments shall be confined within the scope of such notice.
22.2. The Main Committee shall upon a written request signed by not less than twenty-five (25) paid-up Ordinary Members call a Special General Meeting on the same terms and conditions as in Clause 22.1 on any issue of an urgent nature, but excluding resolutions taken at a previous Annual General Meeting, that cannot reasonably wait until the next Annual General Meeting.
23. QUORUM
23.1. A quorum at any General Meeting of the Club shall consist of not less than ten percent (10%) of the Ordinary Members present either in person or represented by their spouse.
23.2. If after 30 minutes from the time appointed for holding a General Meeting a quorum is not present then it shall be adjourned without notice to the same day the following week at the same time and place.
23.3. If at that adjourned meeting a quorum is not present after 30 minutes from the time appointed for holding a General Meeting then those Ordinary Members present not less then ten (10) shall be a quorum and transact the business for which the meeting was called.
24. MAJORITY
Except where otherwise in these Rules specially
provided, a decision or resolution of a General Meeting of the Club or of the
Main Committee shall be by majority of those present and voting there at.
25. VOTING
The following Members may vote at a General Meeting of the Club:
25.1. Ordinary Members or their spouse.
25.2. Lady Members.
25.3. Honorary Life Members or their spouse.
25.4. The voting shall either be conducted by a proper voting paper marked with a single cross in the block provided or the raising of hand if the floor so decides by a two-third majority. Any other markings on the voting paper will be seen as spoiled.
25.5. The following Members may not vote at a General Meeting of the Club: the spouse of an Ordinary Member (when the Ordinary member is present), the dependant of an Ordinary Member, a Junior Member, a Honorary Member, an Absentee Member, a Temporary Member.
26. SPECIAL VOTES
A Member who is eligible to attend and vote at an Annual General Meeting but who will not be able to attend the Annual General Meeting nor represented by the spouse shall be entitled to cast a special vote in regard to the election of Committee Members in accordance with the following provisions:
26.1. The Member shall in writing in his own words state the reason
for not attending the meeting and apply to the secretary of the Main Committee
for a printed voting paper.
26.2. The Secretary shall furnish the Member with a numbered voting paper either by hand, post, fax or e-mail bearing the names of the candidates for each office being voted for, followed by the following declaration: “I,………….., being a Member of Mossel Bay Yacht and Boat Club in good standing and eligible to attend and vote at an Annual General Meeting do hereby declare that the enclosed voting paper has been marked by me personally.” Signature ………………………. date …………………..
26.3. The Member shall mark upon the voting paper a cross against the name of the candidates for whom he intends to vote, sign and date the form where indicated, and shall thereupon place the voting paper in an envelope, seal it and post or deliver it to the Club in an envelope marked “Voting Paper” and addressed to the Secretary so as to reach the Club at least twelve (12) hours prior to the time of the Annual General Meeting, failing which the vote shall be invalid.
26.4. The Secretary on the Main Committee shall appoint two previous Flag Officers elected by unanimous vote by the Main Committee to form the Election Adjudicators, who one hour before the AGM open the sealed votes and count the votes for the individuals concerned at the Annual General Meeting at which the relevant election takes place.
26.5. Special votes will be allowed to change the constitution of the club. Special voting forms will be mailed/e-mailed to all members without the member having to apply for it. A member voting by special vote will be considered to be present at the meeting.
27. RULES AND BY-LAWS
27.1. Any person elected a Member of the Club, ipso facto agrees to
and shall be bound by the Code of Conduct, Rules and By-laws of the Club as
promulgated from time to time.
27.2. The Committee shall make, amend and rescind By-laws for the
regulation of the affairs of the Club, so long as such By-laws are not in
conflict with any Rules or Regulations of the Club. Such By-laws shall be
permanently posted on the Notice board in the Club House.
27.3. No resolution involving an amendment of, or addition to these Rules, shall be put from the Chair at any Meeting of the Club unless notice thereof shall have been posted on the Notice Board in the Club House not less than 14 days prior to the date of such Meeting and Special Notice of the Meeting and of the proposed amendments has been mailed to the last known address of each Member not less than eight (8) days before such Meeting. No such resolution shall be declared carried unless a majority of not less than two thirds (2/3) of those present and voting shall be in favour of it.
27.4. Any resolution adopted at a properly constituted Annual General Meeting can only be reversed or amended at a subsequent or further Annual General Meeting.
27.5. Any amendment must be submitted to the Commissioner for Inland Revenue.
28. CHAIRPERSON’S RULING
If any question or dispute should arise at any General Meeting of the Club, or at any Meeting of the Main Committee, as to the interpretation or meaning of these Rules, or any of them, the Chairperson of such Meeting shall rule thereupon, provided however, that any Member then present and objecting to or aggrieved by such ruling may demand to have such ruling submitted to the Meeting, which shall finally decide such question or dispute by resolution.
29. MISCELLANEOUS PROVISIONS
29.1. Every Member shall cause his or her address or any change thereof to be recorded with the Manager
29.2. Any Notice or Communication of whatever kind to a member shall, on being posted in an envelope, bearing such address as at the time of posting is recorded in the Club’s records, be deemed for all purposes to have been received.
29.3. The accidental omission to give notice of any meeting to any person or persons entitled to be present shall not invalidate the proceedings at
that meeting.
29.4. The club may use e-mail or the internet to communicate to the members where members have been notified of such communication.
29.5. No Member shall use the club address on any communication intended to appear in any newspaper, periodical or publication, or for use on radio or television, except such communications as may be authorized in writing by the Committee, nor shall any member use the Club address for business purposes.
29.6. The language of the Main Committee Minutes shall be English. Any other minutes, communication by the Club or spoken language by the members at meetings can be English and/or Afrikaans. Any other spoken language used at meetings must be in conjunction with an interpreter.
30. PROFITS
The Club may not give any of its money or property to its members or office bearers. The only time it can do this is when it pays for the work that a member or office bearer has done for the Club. The payment must be a reasonable amount for the work that has been done.
31. ACTIONS-AT-LAW
31.1. The Commodore shall be the person to sue and defend in all suits or actions for and on behalf of the Club, and service of all process may be made upon him.
31.2. No Member or Guest shall have any right of action against the
Club for any damage suffered by him or her through any default or neglect of the
Club or its servants. For the purpose of the Rule, the term “Member” shall
include Honorary, Visiting or Reciprocity Member.
31.3. The Club shall:
31.3.1. Exist in its own right, separately from its members.
31.3.2. Be able to own property and other possessions.
31.3.3. e able to sue and be sued in its own name.
31.3.4. Continue to exist even when its membership changes and there are different office bearers.
31.4. Members or office bearers of the Club do not have rights over things that belong to the Club.
32. COMPLAINTS
32.1. Complaints should be resolved on Sub-committee level.
32.2. Complaints directed to the Main Committee shall be in writing and signed.
33. SECTION 26 OF THE LIQUOR ACT
Notwithstanding anything to the contrary contained in this Constitution, the provisions of Section 26 shall at all times be an integral part of this Constitution. Should any of the provisions contained in this constitution be in conflict with the provisions of Section 26, the provisions of the Act shall be applicable and override such provision contained in this Constitution.
34. DISSOLUTION
34.1. The organization may close down if at least two-thirds of the members present and voting at a meeting convened for the purpose of considering such matter, are in favour of closing down.
34.2. Upon dissolution of the Club, any remaining assets, after all debts and liabilities have been satisfied, will be donated or transferred to another Club with objectives similar to those of the Club and which is itself exempt from income tax.
35. INTERPRETATION
In this constitution and any by-laws there under, unless repugnant to the context –
35.1. the singular shall include the plural and vice versa.
35.2. the masculine gender shall include the female gender
35.3. the Club refers to the Mossel Bay Yacht and Boat Club.
35.4. the Rules refers to the Constitution and By-laws of the Club.
35.5. the Committee refers to Main Committee or relevant Sub-committee.
36. CHANGES TO THE CONSTITUTION
36.1. The constitution can be changed by a resolution. The resolution has to be agreed upon and passed by not less than two thirds of the members who are at the annual general meeting or special general meeting. Members must vote at this meeting to change the constitution.
36.2. A written notice must go out not less than fourteen (14) days before the meeting at which the changes to the constitution are going to be proposed. The notice must indicate the proposed changes to the constitution that will be discussed at the meeting.
36.3. Two thirds of the members shall be present at a meeting (‘the quorum’) before a decision to change the constitution is taken. Any annual general meeting may vote upon such a notion, if the details of the changes are set out in the notice referred to in the previous paragraph.
In terms of section 26 of the Constitution: Any Person elected as a member of the Club, ipso facto, agrees to and shall be bound by the Constitution and by the rules and bye – laws as promulgated from time to time.

Mossel Bay Yacht and Boat Club
CONSTITUTION & BY-LAWS

Revised AGM August 2014

Rules and By-laws for the Member of the Club :

  1. Motor vehicles may only be park in the areas demarcated for this purpose.
  2. Other than bona fide club business and commercial activities related to club activities that are approved on a yearly basis by the main committee, no commercial activity may take place on or from the club premises.
  3. Fires are only permitted in the braai area and not on the grassed or parking area.
  4. Dogs are not permitted on the premises.
  5. Abusive or loud language is not permitted on the premises. A cordial atmosphere to prevail at all times.
  6. Persons under the age of eighteen years (18) are not permitted to sit or stand at any counter over which liquor is served
  7. Persons from the age of twelve (12) to sixteen (16) are allowed to play pool under supervision of an elder.
  8. No liquor or minerals may be brought onto Club premises.
  9. No swimming or diving is permitted within 20 metres of the slipway.
  10. No person may lend, sell or give his/her gate card to another person, for gaining entrance to the Club. Guests and family, who are not members, must park their vehicle outside the Club premises.
  11. No more than two gate cards are allowed per family : one for the member and one for the spouse.
  12. Lost or stolen gate cards must be reported to the Manager, for cancellation, within 14 days.
  13. The gate may not be left in an open position intentionally, and if found in an open position, please report it to the manager.
  14. No person may climb over the wall or fence. Should any person wish to exit the Club premises but, do not posses or have their gate card on their person, they may request the manager or barman to open the gate for them. For entrance to the Club premises, when not in possession of a gate card, the intercom at the gate can be used.
  15. A member is allowed to bring each visitor once a month as a guest, there after the same visitor will pay a visitors fee. The fee is payable at the office and a receipt must be produced as proof. The onus rests with the host to declare and sign in his visitor.
  16. Non payment of fees, subscriptions and affiliations. Club subscription fee shall fall due on the first day of September and is payable within 30 days.
    The General Committee approved the following action while the fees are due
    – temporary cancellation of membership
    – immediate cancellation of the gate card
    – listing as member of not in good standing
    – penalty calculated from September at bank rate
    – cancellation of membership and re-application after 28 February.
In terms of section 26 of the Constitution: Any Person elected as a member of the Club, ipso facto, agrees to and shall be bound by the Constitution and by the rules and bye – laws as promulgated from time to time.