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AFFILIATIONS
SAFA GAUTENG
POLOKWANE CITY YOUTH DEVELOPMENT ACADEMY
CONSTITUTION
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Name
1.1 The organization hereby constituted will be called POLOKWANE CITY YOUTH DEVELOPMENT ACADEMY
1.2 Its shortened name will be PCY (hereinafter referred to as an Academy).
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B. Body corporate
The organisation shall:
. Exist in its own right, separately from its members.
. Continue to exist even when its membership changes and there are different office bearers.
. Be able to own property and other possessions.
. Be able to sue and be sued in its own name.
2. Objectives
The organization’s main objectives are to:
2.1 To provide community service to the communities around us;
2.2 To promote the sport of soccer and to facilitate practicing the sport of soccer in the Castries area.
2.3 To create a positive learning environment for both boys and girls by combining a fun and friendly atmosphere with discipline and modern coaching methodologies.
2.4 To undertake other incidental activities.
2.5 The Academy is committed to encouraging the high ethical standards. All members shall conduct themselves with integrity, accountability and in a fair and equitable manner.
2.6 ‘The Academy is committed to adopting a positive approach to the ethics of Soccer by providing:
1. Soccer programs developed to focus on the positive aspects of the game’
2. Technical and tactical practices for developing the fundamental techniques of control, dribbling, passing and scoring.
3. Guidelines on fitness and nutrition.
4. Soccer Psychology.
5. The proper use of soccer equipment.
6. In-house competitions.
7. Excursions to other academies.
8. Constant coaching and exposure of players to local experts in various disciplines
2.7 To work in collaboration with other organizations that mainly deals with Youth, crime, self-development, health transformation and education;
2.8 To help fight against youth delinquency;
2.9 To help fight against chronic diseases that affect our nation;
2.10 To provide first class guidance and development to young people;
2.11 To promote oneness among youths with an aim of helping them to grow as responsible and law abiding citizens with a disciplined purpose and for them to live a life worth living;
2.12 To make youth realize that they are possible leaders of tomorrow,
2.13 To host seminars, workshops and clinic in line with youth self development and talent development, HIV/AIDS, Spiritual development and Education and crime;
2.14 To work hand in hand with the Social and youth Department and law enforcement departments in helping to bringa crime free hope to our nation, schools and a future to our youth.
2.15 To keep youths busy with academy activities. E.g. Games, Competitions, Camps and Trips and Drills.
2. (B) RULES, REGULATIONS AND CODE OF CONDUCT
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The members of the Academy shall so exercise their rights, powers and duties and shall, where appropriate use their best endeavours to ensure that others conduct themselves so that the business and affairs of the Academy are carried out in accordance with the Rules, Regulations and Code of Conduct of Academy, the Association to which the Academy is affiliated (SAFA LFA) and Competitions in which the Academy participates, for the time being in force.
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Alteration to the Academy’s Rules shall be effective with a 2/3 majority of the executive before advising in writing the Association to which the Academy is affiliated.
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Codes of Conduct and the Equal Opportunities and Anti-Discrimination Policy as shall be in place from time to time.
3. Income and property
3.1 The organisation will keep a record of everything it owns.
3.2 The organisation may not give any of its money or property to its members or office bearers.
3.3The only time it can do this is when it pays for work that a member or office bearer has done
for the organisation. The payment must be a reasonable amount for the work that has been done.
3.4 A member of the organisation can only get money back from the organisation for expenses that she or he has paid for or on behalf of the organisation.
3.5 Members or office bearers of the organisation do not have rights over things that belong to The organization.
4 . Membership and General Meetings
4.1 If a person wants to become a member of the organisation, she or he will have to ask the Organization’s management committee. The management committee has the right to say yes or no to the applicant. Anybody can qualify for membership regardless of religion, belief, race and culture or body state.
4.2 Members of the organisation must attend its annual general meetings. At the Annual General Meeting, members exercise their right to determine the policy of the organization.
4(b) Membership FEE
1 Membership fee payable by each member shall be determined from time to time by the executive committee and set at a level that will not pose a significant obstacle to community participation.
Any fee shall be payable on a successful application for membership and periodically by each Member.
2 The executive committee shall have the authority to levy further subscriptions from the members as are reasonably necessary to fulfil the objects of the Academy.
4(c) RESIGNATION AND EXPULSION
1 A member shall cease to be a member of the Academy if, and from the date on which, he/she Gives notice to the executive committee of his/her resignation. A member whose membership fee Or further subscription is more than three (3) months in arrears shall be deemed to have resigned.
2 The executive committee shall have the power to expel a member when, in its opinion, it would not be in the interests of the Academy for them to remain a member. An appeal against such a decision may be made to the executive committee in accordance with the Complaints Procedure in force from time to time.
3 A member who resigns or is expelled shall not be entitled to claim any, or a share of any, of the Income and assets of the Academy (the “Academy’s Property).
5. Management
5.1 A management committee will manage the organisation. The management committee will be made up of not less than 6 (Six) members. They are the office bearers of the organisation.
5.2 Office bearers will serve for one year, but they can stand for re-election for another term in office after that. Depending on what kind of services they give to the organisation, they can stand for re-election into office again and again. This is so long as their services are needed and they are ready to give their services.
5.3 If a member of the management committee does not attend three management committee meetings in a row, without having applied for and obtaining leave of absence from the management committee, then the management committee will find a new member to take that person’s place.
5.4 The management committee will meet at least once a month. More than half of members need to be at the meeting to make decisions that are allowed to be carried forward. This constitutes a quorum. It when the committee forms a quorum that decisions can be made.
5.5 Minutes will be taken at everymeeting to record themanagement committee’s decisions. The minutes of each meeting will be given to management committee members at least two weeks before the next meeting. The minutes shall be confirmed as a true record of proceedings, by the next meeting of the management committee, and shall thereafter be signed by the chairperson.
5.6 The organisation has the right to form sub-committees. The decisions that sub-committees take must be given to the management committee. The management committee must decide whether to agree to them or not at its next meeting. This meeting should take place soon after the sub-committee’s meeting. By agreeing to decisions the management committee ratifies them.
5.7 All members of the organisation have to abide by decisions that are taken by the management committee.
5.8 All members do not become liable for any of the obligations and liabilities of the organization solely by virtue of their status as members or office bearers of the organization. Office bearers are not personally liable for any loss suffered by any person as a result of an act or omission which occurs on good faith while the office bearer is carrying out duties as assigned to him / her by the organization or on behalf of the organization.
6. Powers of the organisation
The management committee may take on the power and authority that it believes it needs to be able to achieve the objectives that are stated in point number 2 of this constitution. Its activities must abide by the law.
6.1 The management committee has the power and authority to raise funds or to invite and receive contributions.
6.2 The management committee does, however, have the power to buy, hire or exchange for any Property that it needs to achieve its objectives. The governing body has full authority in controlling the assets of the organization.
6.3 Themanagement committee has the right tomake by-laws for propermanagement, including Procedure for application, approval and termination of membership.
6.4 Organisation will decide on the powers and functions of office bearers.
6.5 Any of the following can constitute termination of membership-
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Ill Discipline, constant breach of constitution, death and permanent injury or relocation.
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Absenteeism without permission on numerous occasions.
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A member can terminate membership after a written notice to the management committee 30 days prior to the intended termination.
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Shall a member feels that her / his membership has been unlawfully terminated, she / he shall within a period of 14 days write an appeal to the management committee who shall after 7 days of receiving the appeal act on it. Shall the outcome still not satisfactory to the member, she / he can request to meet the governing body.
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Membership fee shall be determined from time to time by the governing body and the fee thereafter been passed on to the management committee.
7. Meetings and procedures of the committee
At least one general meeting shall be held during the school year, including the Annual General Meeting;
Members will be given sufficient notice of each of these meetings
The Academy shall hold its Annual General Meeting in the month of December each year, to:
Receive reports from the President and Secretary
receive a report from the Treasurer and approve the Annual Accounts
Elect the Executive Committee for the ensuing year
Fix the subscriptions for the ensuing year
Consider changes to the Constitution
Review and consider any bylaws
Deal with other relevant business
7.1 Nominations for election of members as Executive Officers shall be made in writing by the Proposer and the seconder, both of whom must be existing members of the Academy, to the Academy’s Secretary not less than 21 days before the AGM. Notice of any resolution to be Proposed at the AGM shall be given in writing to the Academy’s Secretary not less than 21 day Before the meeting.
7.2 An EGM may be called at any time by the Executive Committee and shall be called within 21 days of the receipt by the Academy’s Secretary of a requisition in writing, signed by not less than three Executive Officers stating the purposes for which the Meeting is required and the resolutions proposed. Business at an EGM may be any business that may be transacted at an AGM.
7.3 The Secretary shall send to each member at their last known address written notice of the date of a General Meeting (whether an AGM or an EGM) together with the resolutions to be proposed at least 14 days before the meeting.
7.4 The quorum for a General Meeting shall be 3/4
7.5 The Chairperson, or in their absence a member selected by the Executive Committee, shall take the chair. Each member present shall have one vote and resolutions shall be passed by a simple majority. In the event of an equality of votes the Chairperson of the meeting shall have a casting vote.
7.6 The Secretary, or in their absence a member of the Executive Committee, shall enter minutes of General Meetings into the Minute Book of the Club.
7.7 If, however, one of the matters to be discussed is to appoint a new management committee member, then those calling the meeting must give the other committee members not less than 30 days’ notice.
7.8 The chairperson shall act as the chairperson of the management committee. If the chairperson does not attend a meeting, then members of the committee who are present choose which on of them will chair that meeting. This must be done before the meeting starts.
7.9 There shall be a quorum whenever such a meeting is held.And if a quorum is formed that constitute decision making.
7.10 When necessary, the management committee will vote on issues or decisions. If the votes are equal on an issue, then the chairperson has either a second or a deciding vote or alternatively, the deciding vote can be passed on to the Life Presidents.
7.11 Minutes of all meetings must be kept safely and always be on hand for members to Consult.
7.12 If the management committee thinks it is necessary, then it can decide to set up one or more sub-committees. It may decide to do this to get some work done quickly. Or it may want a sub-committee to do an inquiry, for example. There must be at least three people on a subcommittee. The sub-committee must report back to the management committee on its
activities. It should do this regularly.
8. Annual general meetings
The annual general meeting must be held once every year, towards the end of the organization’s financial year.
The organisation should deal with the following business, amongst others, at its annual general meeting:
· Agree to the items to be discussed on the agenda.
· Write down who is there and who has sent apologies because they cannot attend.
· Read and confirm the previous meeting’s minutes with matters arising.
· Chairperson’s report.
· Treasurer’s report.
· Changes to the constitution that members may want to make.
· Elect new office bearers.
· General.
· Close the meeting.
9. Governing Body
9.1 There shall be a governing body to advice the management committee and vote in elections in events of a tie. The governing body has the authority to have a final say or decision on any matter that cannot be solved by the management committee.
9.2 The governing body must be comprised of a LIFE PRESIDENT, Honorary PRESIDENT, Legal Adviser and Election Officer.
9.3 In the event the members of the management committee are not available to sign for assets, the life President Ian Gabriel Tsetsengwa is authorized by this constitution to sign for assets of the organization and choose two other members to accompany him.
9.4 Both the Honorary and Life President are to act or work and do other duties to the betterment and growth of the organization.
10. Finance
10.1 An accounting officer shall be appointed at the annual general meeting. His or her duty is to audit and check on the finances of the organisation.
10.2 The treasurer’s job is to control the day to day finances of the organisation. The treasurer Shall arrange for all funds to be put into an FNB bank account in the name of the organisation. The treasurer must also keep proper records of all the finances.
10.3 Whenever funds are taken out of the bank account, the president and at least two other members of the organisation must sign the withdrawal or Cheque.
10.4 The financial year of the organisation ends on 31 April of the current year to the 31 April of the following year.
10.5 The organizations’ accounting records and reports must be ready and handed to the Director of Nonprofit Organizations within six months after the financial year end.
10.6 If the organisation has funds that can be invested, the funds may only be invested with registered financial institutions. These institutions are listed in Section 1 of the Financial Institutions (Investment of Funds) Act, 1984. Or the organisation can get securities that are listed on a licensed stock exchange as set out in the Stock Exchange Control Act, 1985. The Organisation can go to different banks to seek advice on the best way to look after its funds.
10.7 A bank account shall be opened and maintained in the name of the Academy (the “Academy Account”). Designated account signatories shall be the President, the Secretary and the Treasurer OR anyone authorised by a resolution.
10.8 No sum shall be drawn from the Academy’s Account except by cheque signed by two of the three designated signatories. All monies payable to the Academy shall be received by the Treasurer and deposited in the Academy’s Account. The Academy’s Property shall be applied only in furtherance of the objects of the Academy. The distribution of profits or proceeds arising from the sale of Academy’s Property to members is prohibited.
10.9 The Executive Committee shall have the power to authorise the payment of remuneration and expenses to any member of the Academy (although an Academy shall not remunerate a member for playing).
10.10 The Academy may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away-match expenses, post-match refreshments and other ordinary benefits in order to meet its mandate.
10.11 The Academy may also in connection with the sports purposes of the Academy:
(i) Sell and supply food, drink and related sports clothing and equipment;
(ii) Employ members (although not for playing) and remunerate them for providing goods and Services, on fair terms set by the Executive Committee without the person concerned Being present;
(iii) Pay for reasonable hospitality for visiting teams and guests;
(iv) Indemnify the Executive Committee and members acting properly in the course of the Running of the Academy against any liability incurred in the proper running of the Academy (But only to the extent of its assets).
(f) The Academy shall keep accounting records for recording the fact and nature of all Payments and receipts so as to disclose, with reasonable accuracy, at any time, the Financial position, including the assets and liabilities of the Academy. The Academy must Retain its accounting records for a minimum of six years.
(g) The Academy shall prepare an annual “Financial Statement”, in an approved format. The Financial Statement shall be verified by an independent, appropriately qualified accountant And shall be approved by members at general meeting.
(h) The Academy’s Property, other than the Academy’s Account, shall be vested in not less Than two and no more than four custodians, one of whom shall be the Treasurer (“the Custodians”), who shall deal with the Academy’s Property as directed by decisions of the Executive Committee and entry in the Minute Book shall be conclusive evidence of such a Decision.
(i) The Custodians shall be appointed by the Academy in a General Meeting and shall hold Office until death or resignation unless removed by a resolution passed at a General Meeting.
(j) On their removal or resignation a Custodian shall execute a Conveyance in an approved form to a newly elected Custodian or the existing Custodians as directed by the Executive Committee. On the death of a Custodian, any Academy’s Property vested in them shall vest automatically in the surviving Custodians. If there is only one surviving Custodian, an EGM shall be convened as soon as possible to appoint another Custodian.
(k) The Custodians shall be entitled to an indemnity out of the Academy Property for all expenses and other liabilities reasonably incurred by them in carrying out their duties.
11. Changes to the constitution
11.1 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.
11.2 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 7.3
11.3 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.
11.4 No amendments may be made which would have the effect of making the organisation cease to exist.
12. Dissolution/Winding-up
12.1 The organisation may close down if at least two-thirds of the members present and
5 voting at ameeting convened for the purpose of considering such matter are in favour
of closing down.
12.2 When the organisation closes down it has to pay off all its debts. After doing this, if there is
property or money left over it should not be paid or given to members of the organisation. It
should be given in some way to another nonprofit organisation that has similar objectives.
The organizations’ general meeting can decide what organization this should be.
12.3 The Academy is a non-profit making organization. All profits and surpluses will be used to maintain or improve The Academy Assets, assist in meeting the mandate of The Academy, or to carry out objectives of the School to which it is affiliated. No profit or surplus will be distributed other than to another non-profit making body.
12.4 A resolution to dissolve the Academy shall only be proposed at a General Meeting and shall be carried by a majority of at least three-quarters of the members present.
12.5 The dissolution shall take effect from the date of the resolution and the members of the Executive Committee shall be responsible for the winding up of the assets and liabilities of the Academy.
12.6 If, upon the dissolution of The Academy there remains, after the satisfaction of all its debts and liabilities, any property whatsoever; the same shall be transferred to some other organization or organizations having the similar objectives to that of The Academy. Such organisations shall be determined by the members of The Academy by Resolution passed at a General Meeting or in the absence of such a resolution, to the School to which The Academy is affiliated.
13. ACADEMY TEAMS
13.1 At its first meeting following each AGM the Executive Committee shall appoint a Coach to be responsible for each of the Academy’s football teams. The appointed Coaches shall be responsible for managing the affairs of the team. The appointed Coaches shall present to the Executive Committee every quarter a written report of the activities of the team.
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RESPONSIBILITIES OF EXECUTIVE COMMITTEE MEMBERS
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The Life President shall:
Oversee the other members of the executive committee in fulfilling their responsibilities;
Chair all meetings;
Have signing authority for Academy
Ensure that the Academy is managed in accordance with its by-laws, policies, mission
Statement, code of ethics and guiding principles
Ensure that all decisions and/or directives of the Executive Committee are implemented in
A timely manner
Preside at all Academy meetings and direct where necessary.
Prepare a Presidents report for presentation at the Annual General Meeting.
Ensure that all positions required to run the Academy are staffed.
Appoint committees as required to carry out Academy’s business.
Ensure all committees are run in an appropriate manner.
Sign the Minutes of Meetings once they have been accepted by all committee members as
A true and accurate account of what transpired.
Have signature authority, in addition to the Secretary and Vice President for Academy
Expenditures.
Liaise with DOSD, SLFA and Ministry of Youth and Sports on all programmes related to
Grassroots football.
Represent the club at DOSD and SLFA Meetings.
Maintain the Academy’s website
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The First Vice President shall:
Act as President in his/her absence.
Chair the Budget and Disciplinary Committee.
Organize the Yearly Grassroots Invitational.
Organize activities involving oversee travel and teams.
Liaise with the Executive Committee on recipients of various awards.
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The Second Vice President shall:
Act as President in his/her absence and the absence of the 1st Vice President.
Chair the Fund Raising Committee.
Organize the inter-house competitions.
Assist the 1st Vice President with duties as a when required
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The Secretary shall:
Assist the President in his/her duties
be responsible for recording the minutes of all meetings
be responsible for the dissemination of information on behalf of the Academy
Ensure a register of all members is maintained.
Ensure a register of all Executive Committee members and other committee members is
Maintained.
Ensure a record is kept of all attendees at all meetings.
Issue a calendar of Academy activities to the Executive Committee Members, Parents,
Guardians and the general membership. Attend to all correspondence and issue notices as
Required.
Redirect all relevant material to the appropriate persons.
Notify all Executive Committee Members of Executive Committee meetings.
Maintain a record in a minute book of all proceedings of each meeting.
Ensure copies of all Meeting minutes are provided and distributed to Executive Committee
Members.
Ensure an agenda is prepared for all meetings.
Ensure that copies of all reports are available for scrutiny by organizations affiliated to.
be the custodian of all official records of the Academy (i.e. minutes, insurance documents,
Bylaws, etc.)
Collect and distribute accordingly all correspondence received by the Academy.
Plan, schedule, secure location and notify the Executive Committee members of upcoming
And scheduled meetings
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The Treasurer shall:
be responsible for overseeing all financial dealings of Academy
Keep complete records of all financial dealings of Academy
be responsible for the preparation of Annual Accounts of Academy; and
Have signing authority for Academy
be responsible for the financial management of the Academy.
Implement and/or maintain the bookkeeping system and accounting processes required to
Provide a detailed set of records of income and expenditure of the Academy.
be responsible for all day-to-day bookkeeping and handling of accounts payable and
Account receivable issues, and to produce them on request of the Executive Committee.
Have custody of all funds, securities, financial records and tax documents of the Academy.
Keep a record of the assets and liabilities of the Academy.
Publish a monthly and year-end financial statement.
Submit a written financial report at Executive Committee and General Meetings.
Receive all monies payable to the club and issue receipts as required.
Bank all monies within 7 days of receipt.
Pay all accounts as they fall due.
Present an audited balance sheet at the Annual General Meeting.
Invest and manage funds on behalf of the club at the direction of the Executive Committee.
establish an annual operating budget as chairperson of the Budget Committee and submit it
For Executive Committee approval prior to the start of the fiscal year.
File all reports to the appropriate Government Agency in a timely manner, including, but not
Limited to yearly income tax returns.
Ensure that the Academy maintains a non-profit tax status.
Pay all bills that are within the approved limits of the Academy annual operating budget or
Have been otherwise approved by the Executive Committee in a timely manner
Obtain Executive Committee approval for expenditures not covered in the annual budget
Maintain a Bank Account in the Academy's name.
be one of the three persons, together with the President and Vice President, authorized to
Sign checks
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The Event Coordinator(s) shall
Ensure that the organising of any Academy’s event is the responsibility of a club member
Make sure that all Academy’s events are properly organized well in advance of the event
Date
Draw up a diary of Academy’s events for distribution to Academy’s members
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The Trustees shall:
Prepare, adopt and amend the Academy’s bylaws, amendments, Code of Ethics, policy
Manual and other legal documents
be the keeper of the Academy’s Constitution, bye laws, Code of Ethics, policy manual and
Other legal documents.
Suspend or expel a member according to established policy and procedures
Remove any officer or trustee from office according to established policy and procedures
Perform such other duties as may be assigned by the Academy’s membership
This constitution was approved and accepted by members of
POLOKWANE CITY YOUTH DEVELOPMENT ACADEMY
At a special meeting held on the 14th Day of February 2014 at Bezvalley Johannesburg at 10.00am.