CONSTITUTION OF SOUTH AFRICAN JUNIOR CHESS ASSOCIATION

1 . NAME

The name of the Association shall be "South African Junior Chess Association", hereinafter referred to as "SAJCA" or the "Association".

2 . SAJCA

SAJCA is the junior body for Chess South Africa (CHESSA), the federal body for chess in South Africa.   

3 . DEFINITIONS

The following definitions shall apply, namely:

3 . 1 . "Chessa" - shall refer to Chess South Africa, the national chess body.

3 . 2 . "junior chess body" shall refer to a junior chess body, which forms part of or is affiliated to a Chessa regional body. It shall be required that there be a geographical proximity between the junior chess body and the Chessa regional body.

3.3. "Chessa regional body" shall refer to a chess body, junior or otherwise, recognised as such by Chessa and/or SAJCA.

3.4. "junior" - shall refer to a person who has not yet reached the age of twenty years as at the 31st day of December of the year in question.

3.5. "president" - shall refer to the president of SAJCA who shall also be the chairman of the executive.

3.6. "secretary" - shall refer to the secretary of SAJCA who shall also be the secretary of the executive.

3.7. "treasurer" - shall refer to the treasurer of SAJCA who shall also be the treasurer of the executive.

3.8. "executive" - shall refer to the executive of the Association, which shall consist of the president and at least five other members as referred to in 14.2.

3.9. "member" - shall refer to a junior chess body which has not less than 80 (eighty) junior players registered with Chessa as of the 31st July of any year in question and which has paid the annual affiliation fee for that year.

3.10. "affiliate member" - shall refer to a junior chess body which has 40 (forty) or more, but fewer than 80 (eighty) junior players registered with Chessa as of the 31st July of any year in question and which has paid the annual affiliation fee for that year.

3.11. "player" - shall refer to a junior chess player registered with Chessa.

3.12. "meeting" - shall refer to the annual general meeting or any special general meeting.

3.13. "USSASA" - shall refer to the United School Sports Association of South Africa.

3.14. "floor" - shall refer to the general body of members at the annual general meeting.

3.15. "rules" - shall refer to Schedule 1 as updated from time to time.

4 . OBJECTS OF THE ASSOCIATION

The objects of the Association shall be:

4 . 1 . To promote, organise, co-ordinate and administer junior chess at all levels including at national level.

4 . 2 . To choose candidates who shall include players, managers, coaches and administrators, for the award of South African junior colours.

4 . 3 . To organise competitions and tournaments in which players may participate.

4 . 4 . To promote, organise, co-ordinate and administer international and other tournaments either within or outside the boundaries of the Republic of South Africa .

4 . 5 . To promote chess in a non-racial and democratic way and to provide and safeguard equal rights for players and administrators falling under its jurisdiction

5 . FUNCTIONS OF THE ASSOCIATION

The functions of the Association shall be:

5 . 1 . To promote chess amongst junior chess players.

5 . 2 . To manage, organise and administer junior chess tournaments at all levels, including national and international level.

5 . 3 . To submit reports relating to junior chess to Chessa.

5 . 4 . To manage, control, administer and allocate funds raised by SAJCA, allocated to SAJCA or made available to SAJCA.

5 . 5 . To appoint an auditor in an honorary capacity for the examination of its financial statements which shall be presented at its annual general meeting.

5 . 6 . To organise the annual South African Junior Chess Championships. This task maybe delegated to a member and shall be governed by the rules contained in Schedule 1.

5 . 7 . To uphold the objects of the Association.

5 . 8 . To take action, where appropriate, on matters referred to it by Chessa.

6 . DUTIES OF THE EXECUTIVE OF THE ASSOCIATION

6 . 1 . 6 . 1 . 1 . The executive shall give effect to the objects and functions of the Association.

6 . 1 . 2 . Where necessary the executive shall arrange meetings to consider how to give effect to its duties.

6 . 2 . 6 . 2 . 1 . The executive shall, if possible, arrange to meet at least once during the year and for this purpose shall be entitled to use such funds as it has under its control.

6 . 2 . 2 . Save as set out in 6.2.1. above, meetings of the executive may be held in such manner as is considered convenient and may in that regard, make use of such means of communication as is available to it.

6 . 3 . The executive shall ratify any selected team and player or teams and players before it or they are officially announced.

6 . 4 . The executive shall be responsible for the proper conduct of the affairs of the Association.

6 . 5 . The executive shall maintain proper records and to this end the secretary shall perform the clerical duties of the Association, which shall include, but not necessarily be limited to:

6 . 5 . 1 . Keeping of written records.

6 . 5 . 2 . Recording minutes of all meetings.

6 . 5 . 3 . Sending of notices to members.

6 . 5 . 4 . Maintaining a register of members.

6 . 6 . The executive shall maintain proper financial records and to this end:

6 . 6 . 1 . The treasurer shall maintain records of all income and expenditure of the Association and of all assets and liabilities.

6 . 6 . 2 . The treasurer shall maintain a record of membership fees received and have this record available at the annual general meeting.

6 . 6 . 3 . The treasurer shall prepare and have available at the annual general meeting, a set of the financial statements of the Association.

6 . 6 . 4 . The financial year of the Association shall be from the 1st November of any year to the 31st October of the following year.

7 . POWERS OF THE EXECUTIVE

7 . 1 . 7 . 1 . 1 . The executive shall have the power, to appoint a selection committee for the purpose of choosing players to participate in any tournament.

7 . 1 . 2 . The executive, or the selection committee, shall have the power to appoint - in addition to the players - coaches, managers and/or administrators where appropriate.

7 . 1 . 3 . The executive may co-opt a person or persons to perform any specific task.

7 . 1 . 4 . The executive may appoint a committee of persons to perform any specific task.

7 . 2 . The executive, representing the Association, shall have the power -

7 . 2 . 1 . To affiliate itself to any appropriate body or organisation.

7 . 2 . 2 . To invest funds of the Association with any banking, financial or other reputable investment institution, subject to the proviso that such

investment shall not be of a speculative nature, but as far as is possible, shall earn interest at a fixed or guaranteed rate.

7 . 2 . 3 . To select teams and representatives to represent the Association in competitions, exhibitions, tours and tournaments at all levels, including

national and international levels and to appoint coaches, managers, captains and administrators for such teams and/or representatives.

7 . 2 . 4 . To hire such facilities as are necessary to give effect to its objects.

7 . 2 . 5 . To purchase or otherwise acquire any movable property for the purposes of achieving its aims and, to dispose of same as it sees fit.

7 . 2 . 6 . To apply the funds of the Association to such ends and for such purposes as it in its sole discretion shall deem fit for the purpose of furthering the aims and objects of the Association.

7 . 2 . 7 . To incur liability in adhering to and achieving its aims and objects.

7 . 2 . 8 . To investigate, adjudicate and decide upon matters of behaviour or discipline, to interpret rules, to receive and attempt to resolve complaints by members or the public at large and to administer and manage such other matters as may be referred to it.

7.3. Decisions of the executive shall be binding on all members and affiliate members.

7.4. In addition to what is set out herein, the president, to ensure the smooth operation of the executive shall have the additional powers described in the rules

8 . LEGAL PROCEEDINGS

8 . 1 . The Association may sue or be sued in its own name.

8 . 2 . For the purpose of any legal proceedings, the Association may appoint legal advisers and representatives and the cost thereof shall be borne by the Association itself.

9 . MEMBERS & AFFILIATE MEMBERS OF THE ASSOCIATION

9 . 1 . Membership and affiliate membership of the Association shall be governed by the rules.

9 . 2 . Members and affiliate members of SAJCA, as set out in the rules, shall pay an annual affiliation fee to SAJCA.

10 . APPLICATION FOR MEMBERSHIP OF THE ASSOCIATION

10 . 1 . A newly-formed junior chess body may apply for membership of the Association.

10 . 2 . The procedure for applying for membership of the Association shall be governed by the rules.

11 . MEETINGS OF THE ASSOCIATION

11 . 1 . The annual general meeting of the Association shall be held during the annual South African Junior Chess Championships.

11 . 2 . A general meeting, other than an annual general meeting, may be called -

11 . 2 . 9 . By the executive or

11 . 2 . 10 . On written request of a member, provided that such request is supported in writing by not less than 50% of the members of the Association.

11 . 3 . To call a special general meeting not being an annual general meeting, written notice together with an agenda must be directed to all members not less than 20 (twenty) working days prior to the meeting.

11 . 4 . The quorum at a meeting shall be not less than 50% of the membersof the Association either in person or by proxy.

11 . 5 . If a quorum is not present, the meeting may be postponed for 30 (thirty) to 60 (sixty) minutes. The postponed meeting may then proceed without a quorum, but must then be restricted to the original Agenda as well as its decisions to those matters essential for the proper administration of the Association.

11 . 6 . The meetings of the Association are open to the general public unless the majority of members present at the meeting decide otherwise.

12 . VOTING AT MEETINGS OF THE ASSOCIATION

12 . 1 . 12 . 1 . 1 . Only members who have paid their annual affiliation fee shall be eligible to vote at a meeting.

12 . 1 . 2 . An affiliate member shall not be eligible to vote at any meeting.

12 . 2 . 12 . 2 . 1 . A member may appoint a proxy to represent it at a meeting.

12 . 2 . 2 . Where a proxy is appointed, the proxy form must be delivered to the secretary not less than thirty minutes before the commencement time of the meeting.

12 . 3 . 12 . 3 . 1 . At a meeting, a member shall appoint a specific person from its body who shall vote for it and only that person may exercise the member's vote at the meeting.

12 . 3 . 2 . If required, written notice of the identity of the person to vote for a member shall be delivered to the secretary prior to or at the meeting.

12 . 3 . 3 . Each member shall have the same number of votes at a meeting, not being the annual general meeting, as the number of teams entered and accepted for the annual South African Junior Chess Championships in the previous year.

12 . 3 . 4 . Each member shall have the same number of votes at the annual general meeting as the number of teams entered and accepted for the annual South African Junior Chess Championships for that year.

12 . 4 . 12 . 4 . 1 . The members of the executive shall not be entitled to vote save to the extent that they comply with the provisions of 12.1, 12.2 or 12.3 above.

12 . 4 . 2 . In the event of a tied vote, the president shall have a casting vote which he may cast or abstain from casting.

12 . 5 . Save where otherwise stated, a majority of votes at a meeting will be sufficient to pass any resolution.

13 . METHODS OF VOTING AT MEETINGS OF THE ASSOCIATION

13 . 1 . Voting shall be conducted in general, by a show of hands.

13 . 2 . Where appropriate, the chairman of the meeting or a majority of the members present may require a vote to be by way of secret ballot.

13 . 3 . Where a vote is to be held by secret ballot, the chairman shall appoint a person or persons to distribute and collect ballot papers, to count and verify the results and advise the chairman of the result.

13 . 4 . The ballot papers shall be destroyed at the end of the meeting.

14 . THE EXECUTIVE AND OFFICE BEARERS OF THE ASSOCIATION

14 . 1 . The executive shall be elected annually by the members at the annual general meeting of the Association.

14 . 2 . The executive shall consist of at least 6 (six) officials, namely -

14 . 2 . 1 . The president

14 . 2 . 2 . At least three other members

14 . 2 . 3 . The national chess convenor for USSASA

14 . 2 . 4 . The convenor or organiser of the annual South African Junior Chess Championships for the year following the year in which the annual general meeting is held.

14 . 3 . The president shall be elected by the members of the Association before the election of the remainder of the executive.

14 . 4 . The executive shall fill the posts of secretary and treasurer from the persons elected to the executive.

14 . 5 . Nominations for the executive must be in writing and shall be lodged with the chairman of the meeting by the nominating member and must be accompanied by a signed acceptance of the nomination by each nominee or candidate.

14.6 The president and members elected in terms of paragraph 14.2.2. shall be elected for a period of two years. The term of at least two of these executives will not co-inside with those of the other executives elected in terms of 14.2.1. and 14.2.2.

14 .7. Should there be insufficient nominations for the executive, then, at the annual general meeting, nominations may be called for from the floor.

14 .8. The president shall chair meetings of the Association unless a 67%majority of the members present decide otherwise.

14 .9. Decisions of the executive shall be made upon a majority of votes and in the event of a tie, the president shall have a casting vote.

14 .10. The quorum for an executive meeting shall be 3 (three) members of which 2 must be elected members.

14 .11. The executive may co-opt a person to fill any vacancy that arises or may choose to leave the vacancy open.

15 . RULES AND RULES BOARD

15 . 1 . Rules for the better carrying out of the purposes and objects of this constitution shall be contained in schedule 1.

15 . 2 . A rules board shall be established consisting of the president and two other members of the executive.

15 . 3 . The rules board shall have the power to recommend, alter, amend, vary, add to, amplify, delete or repeal any rules regulating such matters as are necessary or useful for carrying out of the aims, objects, functions, purposes or duties of the Association for approval by the Executive.

15 . 4 . The Association may prescribe a code of conduct applicable to chess players and establish and define necessary disciplinary procedures.

15 . 5 . No new rule, deletion of a rule or change in a rule shall take effect until the expiry of 30 (thirty) days after delivery of a notice to that effect to the members.

16 . AMENDMENTS TO THE CONSTITUTION OF THE ASSOCIATION

16 . 1 . The constitution may not be amended except at an annual general meeting or at a special general meeting.

16 . 2 . Any proposed amendment of the constitution must be delivered to the members together with a proper motivation for such amendment, not less than 30 (thirty) days prior to the holding of the meeting.

16 . 3 . The agenda for the meeting shall then have as an item, the proposed amendment to the constitution.

16 . 4 . The constitution may only be amended at a properly constituted meeting where not less than 67% of the votes of members present are cast in favour of the amendment.

16 . 5 . A member may be represented by a proxy at such vote, but the proxy may only vote for or against the amendment as it appears in the notice referred to in 16.3 above or abstain from voting.

17 . DISSOLVING THE ASSOCIATION

17 . 1 . A motion to dissolve or wind-up the Association may only be moved at an annual general meeting or a special general meeting called for this purpose.

17 . 2 . Notice of the motion or the calling of a special general meeting to move the motion shall be in writing and delivered to the members not less than 30 (thirty) days prior to the date upon which it is intended to move the motion.

17 . 3 . Notice of intention to move the motion or to call a special general meeting for that purpose shall be accompanied by a motivation for the motion.

17 . 4 . The Association may only be dissolved at a properly constituted meeting where not less than 75% of the votes of members present are cast in favour of dissolving the Association.

17 . 5 . 17 . 5 . 1 . A member may appoint a proxy to represent it at a meeting.

17 . 5 . 2 . Where a proxy is appointed, the proxy form must be delivered to the secretary not less than thirty minutes before the commencement of the meeting.

17 . 5 . 3 . The proxy may only vote for or against the amendment as it appears in the notice referred to in 17.2 and 17.3 above or abstain from voting.

17 . 6 . If once the Association is dissolved, then the available funds will be disposed of as follows:

17 . 6 . 1 . such funds as have been provided by Chessa and not yet utilised for the purpose for which they were provided, shall be returned to Chessa.

17 . 6 . 2 . the funds remaining after the return of funds to Chessa, shall be paid to the members in amounts which bear the same ratio to the total amount available for distribution as the number of teams that member had representing it at the last annual South African Junior Chess Championships bears to the total number of teams that participated.

 

SCHEDULE 1

RULES AND REGULATIONS

1 . AFFILIATION FEE

1 . 1 . An affiliation fee shall be paid by members to the Association.

1 . 2 . The amount of the affiliation fee shall be established at each annual general meeting and shall apply to the following calendar year.

1 . 3 . 1 . 3 . 1 . A member's affiliation fee shall be paid by not later than the 31st July of each year.

1 . 3 . 2 . Failure to pay the affiliation fee as stipulated, may debar the member from participating in the team event of the South African Junior Chess Championships.

1 . 3 . 3 . The Association, represented by the executive, shall have a discretion to accept late payment of a member's affiliation fee and/or decide on appropriate penalties.

2 . JUNIOR CHESS BODIES

2 . 1 . A newly-formed junior chess body may apply for membership of the Association.

2 . 2 . Should the newly-formed junior chess body form part of an existing body, then the application of the newly-formed body must be endorsed by the existing junior chess body which will be reduced in size or number should the application be successful.

2 . 3 . Should the newly-formed junior chess body not form part of any existing body, then it shall not need any ratification or endorsement to apply for membership of the Association.

2 . 4 . If a newly-formed junior chess body applies for membership of the Association and it has more than 40 (forty), but less than 80 (eighty) players registered with Chessa as of the 31st July of any year in question then it may only be accepted by the Association as an affiliate member.

2 . 5 . 2 . 5 . 1 . Should the number of members of an affiliate member at any stage during a calendar year of its affiliate membership of the Association, exceed 80 (eighty) members, the Executive shall declare it a member of the Association.

2 . 5 .2. The Association, represented by the executive, shall have the right to require members to submit a list of players in order to prove its status as a member.

3 . SOUTH AFRICAN JUNIOR CHESS CHAMPIONSHIPS

3 . 1 . The Association, represented by the executive, shall be entitled to delegate the task of organising the annual South African Junior Chess Championships (the "nationals") to a member.

3 . 2 . A member organising the nationals shall do so in accordance with the constitution, these rules and regulations and the provisions of schedule 2.

3 . 3 . Any member organising the nationals, shall, at the end of the championships, furnish the Association with a full set of audited accounts including financial statements, which shall clearly and precisely show the profit made from the holding of the tournament.

3 . 4 . The accounting referred to in 3.3 above, shall be furnished to the Association, represented by the executive, by no later than the 31st March of the year following the year in which the nationals are held.

3 . 5 . The profit made from the holding of the nationals shall be paid to the Association by no later than the 30th April of the year following the year in which the nationals are held.

4. REPRESENTING A JUNIOR CHESS BODY

4.1 A player qualifies to play for a Junior Chess Body in the National Championships if he / she;

• Lives in the region defined by the Body
• Attends an educational institution in the region defined by the Body
• Plays for a recognised chess club in the region defined by the Body
• Has a "track record" of playing for that Body.

4.2 If none of these definitions apply, then the player is identified as "moving" regions. If the player has already participated in trials for another Junior Chess Body in the same calendar year, he may not play in the national championships for another Junior Chess Body that year

4.3 If the Junior Chess Body to which the player currently belongs does not participate in the championships the player may move to another Junior Chess Body.

4.4 In all other cases, the player must make written application to play for another Junior Chess Body by 1 July in the year for which he / she wishes to play in the national championships.

5. MEMBERS AND AFFILIATE MEMBERS OF THE ASSOCIATION

5. 1 . 5. 1 . 1 . An affiliate member shall remain a member of the association for two successive years only.

5. 1 . 2 . After the expiry of the two years, the affiliate member must reapply for affiliate membership of the association.

5. 1 . 3 . An affiliate member may not apply for affiliate membership on more that two (2) occasions.

5. 2 . An affiliate member, who, in any year of membership, has more than eighty (80) players, registered with Chessa, shall automatically become a member.

6. METHODS OF VOTING

6.1 At all meetings, not being annual general meetings, the president shall be the chairman of the meeting, alternatively the president shall have the power to appoint a chairman of the meeting.

6.2 6.2.1 At an annual general meeting, the president, or if he is absent, another member of the executive, shall chair the meeting until such time as the election for the executive is to be held.

6.2.2 During the election of the executive the meeting shall be chaired by an independent person, not being a member of the existing executive.

6.2.3 The person so appointed, shall control the election in terms of

the constitution.

6.2.4 Once a new president is elected, then that appointed person shall retire and the newly appointed president shall control the remainder of the election and thereafter, chair the rest of the meeting.

7. NOTICES

7.1 Notices which are -

7.1.1. delivered by hand, shall be deemed to have been delivered on the date and at the time and place of such delivery.

7.1.2. delivered by way of facsimile transmission or e-mail shall be deemed to have been delivered at the time and on the date of transmission of the telefacsimile message or e-mail message.

7.1.3. delivered by prepaid registered post or ordinary post and posted on any one day, shall be deemed to have been delivered on the next day but 2 (two) after the date of posting.