FALSE BAY GUN CLUB CONSTITUTION
1. NAME OF CLUB
1.1 REGISTRATION
1.1.1 The name of the club is FALSE BAY GUN CLUB,
and will be referred to hereafter as THE CLUB.
1.1.2 The postal address is P.O.BOX 22052 Fish Hoek 7974 but may be changed from time to time by the Committee for the convenience of the secretary.
1.1.3 Colours: Club colours shall cream/tan.
1.1.4 Badge: Shall be a orange background of the Cape peninsula with a blue sea, the Initials FBGC shall be in black reading from left to right and top to bottom of a cross through the badge bisecting at 45 deg from the 12 o’clock position. The whole badge will have a thin black outline, of the same thickness as the cross lines through the badge
1.2 Locus standi in judiccio and restriction of members liability
1.2.1 The Club in it’s own name, shall be capable in law of using and of being used on, of acquiring, holding and alienating property of any nature.
1.2.2 Save for a claim by an official of the Club personally, arising from the indemnity to that official in terms of the clause 25, the
liability of members for claims of whatever nature against the Club shall be limited to any unpaid membership or affiliation fee.
2. OBJECT
The club has been formed to fulfil all the objects of an outdoor shooting club and to conduct target and practical shooting in all its facets, subject to the Range Rules and Regulations of the Club and to do all such things including the acquisition and disposal of immovable property as may be necessary or incidental to such objects.
3. CLASSES OF MEMBERS
The Club, which shall be non-proprietary, shall consist of the following
classes of members:
3.1 Honorary Life Members
Being members or other persons who for service rendered to the Club have been elected as such by a three-fourths majority at a General Meeting. (Non-members shall not be able to vote).
3.2 Life Members
Being members who have been admitted as Life Members on payment of the prescribed fee for this class of membership, as determined from time to time by the members in the General Meeting.
3.3 Ordinary Members
Being persons who are in possession of a valid firearm license
and who have attained the age of 18 years or self supporting and who have been admitted to membership of the Club in terms of Article 6, and who do not fall into any other category of membership defined in this Article.
3.4 FAMILY MEMBERS
Being wife and husband of members admitted in terms of Article 4.1
3.5 JUNIOR MEMBERS
Being sons, daughters, stepchildren and wards of members, under
the age of 18 years and/or not self supporting, admitted in terms of
Article 5.
3.6 AFFILIATED ORGANISATIONS
Being such organization for example the Armed Forces, the S.A. Police, the Department of Prisons, the Municipal Police Force and such other organizations, the members of who may be permitted the use of the facilities of the Club on payment of such fees on conditions as members in General Meeting may from time to time decide.
3.7 NON-SHOOTING MEMBERS
Being wife or husband of members admitted in terms of Article 4.2.
3.8 Club Country Membership
Being ordinary members who go away or are transferred away on business, and are then residing at least 50 Km away and who wish not to lose their membership. The distance will be calculated as 50 Km. In radius from the Club range premises. The fee payable to the Club shall be one third of the normal annual Club subscriptions.
3.9 Non-Active Members
Being Ordinary Members or Junior Members as defined in Act 3.3. who wish to retain their membership and right of vote but who do not wish to participate actively in any form of regular type of shooting activities. Such members will be exempt of annual subscription fee due to Provincial and/or National Bodies for the purpose of Insurance cover or affiliation. Non-Active members will however be liable to pay the full membership subscription as described in paragraph 8.
Non-Active Members will be liable to take a Day Insurance whenever they wish to use the Club facilities on official shooting days only or with the prior approval of the Committee. They will have been Ordinary Members for at least ONE YEAR.
4. FAMILY MEMBERS
4.1 Proposal for admission as a Family Member shall be made in the same manner and form as that for Ordinary Membership. A Family Member, together with his or her spouse, shall be regarded as a single member for the club statistics. A Family member shall have the same rights as an Ordinary Member, which rights may be exercised independently from his or her spouse.
4.2 Non-Shooting Members will be admitted in terms of Article 4.1. on the grounds that they wish to serve the Club in some capacity which can only b e held by Club members. Non-Shooting Members will be bound to pay the day insurance each time they wish to shoot.
5. JUNIOR MEMBERS 16 – 18 YEARS OLD
Under the age of 18 years or self supporting, the children, stepchildren and ward of a member, shall be eligible for election as Junior Members. A Junior Member shall not have the right to speak or vote at any General Meeting of members. On attaining the age of 18 years, or if self supporting a Junior Member shall be responsible to inform the Committee of this fact and shall thereupon automatically become eligible for Ordinary Membership, on payment of the difference between the junior membership fee and the ordinary membership fee then in force, calculated prorata to the beginning of the next financial year.
6. SELECTION OF NEW MEMBERS
6.1 Membership of the Club may be limited at the discretion of the Committee and all intending members may be asked to appear before the Committee before being accepted into the Club.
Each candidate for selection shall be proposed by one member whom shall be a member in good standing.
The candidate must be known to the proposer, all proposals for membership shall be accompanied by a form of indemnity, duly completed and signed by the candidate, or in the case of a minor by his legal guardian, and by the full fee appropriate to the class of membership applied for.
6.2 All applicants will be vetted on grounds of safety and firearms handling knowledge by a Range Officer and/or Club Official.
All proposals for membership shall be considered by the committee at its first ordinary meeting after the receipt of the nomination. Final decision rests with the Club committee.
6.3 The Committee shall have the power to accept or reject a proposal without being obliged to disclose the reasons for his decision.
6.4 Upon acceptance, the candidate shall have the status of a member, including the right to attend, speak and vote at General Meetings of the Club. (Refer to Article 5 for junior speakers).
7. NOTIFICATION OF ACCEPTANCE
The Chairman shall, as soon as possible, notify each new member of the fact of their acceptance, direct the members attention to the fact that the Constitution and the Range Rules of the Club are binding on the member and furnish the member with a copy of the Constitution and Range Rules.
The name of all new members shall be recorded in the register of members.
8. ENTRANCE FEES AND SUBSCRIPTION RATIOS
8.1 With effect from 1st January, the following Entrance Fees and Subscriptions shall be payable in the respective classes of membership, namely:-
ANNUAL CLUB
CLASS OF MEMBER ENTRANCE FEE SUBSCRIPTIONS
Honorary Life Nil (Ratio Guide) Nil (Ratio Guide)
Life (10 x ) Nil (Ratio Guide)
Ordinary ( 1 x ) ( 1 x )
Family ( ½ x ) ( ¾ x )
Junior ( ¼ x ) ( ½ x )
Non-Shooting (Family) (1/2 x ) ( 1/12 x )
Country Must be a member ( 1/3 x )
Non-Active Must be a member ( 1 x )
Affiliated Club/Body Nil (Ratio guide) ( 6 x )
Corporate member Nil R2500.00
(Reviewable)
Note: The amount of entrance fee and annual subscription shall be decided upon and reviewed from time to time by the Committee as it may become necessary (Article 12.6). members shall be notified of proposed changes in writing.
AFFILIATION FEES
The club shall:-
8.1.1 Pay the Annual Affiliation Fees of the South African practical pistol Shooting Association ( S.A.P.P.S.A), SADPA and SAGA or to the successor in title to either body, as applicable, dependent upon the type of shooting in that takes place at the club.
8.2 Except in the case of new members, the Annual subscription shall be due and payable on the 1st of January each year. The subscription of new members shall be due and payable on the date of their admission.
8.3 Members failing to give notice to the Chairman before the 31st of December , year of their intention to resign, may be liable for the following year’s subscription (see Article 9).
8.4 SPECIAL FEES
8.4.1 Day Indemnity
Day Indemnity is to be signed by every visitor to the range before entering the designated shooting area.
8.4.2 Range Fee
An amount as defined by the Committee from time to time, shall be payable by any person who is a member of the Club and attends a shoot.
8.4.3 Visitor Range Fee
An amount as defined by the Committee from time to time, shall be payable by any person who is a visitor of the Club.
9. SETTLEMENT OF SUBSCRIPTIONS
Not withstanding any special conditions mentioned above, a member whose subscriptions or other liabilities to the club are in arrear for two (2) months, shall cease to be a member of the club, provided:-
9.1 That the Treasurer shall submit to such member, together with his notice of the Annual General Meeting, a statement of account setting out his subscription liability to the Club.
9.2 That not less than fourteen (14) days before the expiration of two (2) months, a written notice shall be addressed by post to such member at his last recorded address, drawing his attention to the provision of this Article.
9.3 That the Committee may at it’s discretion re-admit any such person upon payment of such arrear Subscription or other liability which would have been payable by him and he remained a member.
10. OFFICERS – ELECTION AND DUTIES OF:-
The officers of the Club shall consist of the following, and shall be elected at the Annual General Meeting to be held before or within two weeks after the end of November each year.
10.1 Management Committee
This committee shall consist of seven (7) members of at least one year’s standing: A Chairman, one Secretary, one Treasurer, one Stores and Equipment Officer and one co-opted member. At least five (5) shall form a quorum at Committee meetings.
Membership of the Committee shall, ipso facto cease, on the failure of a member to attend three consecutive meetings thereof, without leave of absence or tendering an apology, the vacated post will be filled by “co-option” (Article 12.2) at any meeting by the committee members.
10.2 Sub-committee
Sub-committees can be formed by the Management Committee or at the Annual General Meeting with the objects of handlings and organizing various Club activities and functions.
10.3 Duties And Powers Of Voting
10.3.1 Chairman:-
Will preside at all meetings of the club, and is responsible for the general routine administration of the club as a whole. He shall keep all minutes of meetings and keep the main correspondence ledgers. He shall collate and present the main correspondence of the club and will correspond on a regular basis with the affiliated clubs/bodies and all other parties which are not listed on any of the sub-committee list of members. He shall be responsible for keeping the club membership register up to date . Has a CASTING VOTE ONLY.
10.3.2 Secretarie:-
The Secretarie shall be responsible for the general routine administration. And shall keep all club correspondence and will produce all incoming correspondence at the monthly meetings of the committee and will correspond on a regular basis with all members listed. Shall be responsbile for keeping a correct and up to date record of all member.
10.3.3 Treasurer:-
1) Will keep an accurate set of books disclosing the financial position of the club.
2) Will do all the banking of monies received by the Club, and pay all the accounts which MUST be passed for payment by the Committees.
3) Will present a financial statement in writing, and signed at the monthly committee meetings having been supported by the necessary books.
4) HAS ONE VOTE
10.3.4 Stores and Equipment Officer:-
1) Will be reponsible for maintence and safekeeping and general cleanliness of club property and equipment.
2) Has authority to supervise cleaning of the club house, equipment and of the range by members.
3) Reports are to be made at the monthly meetings.
4) HAS ONE VOTE.
11. NOMINATION FOR AND ELECTION OF THE COMMITTEE
Nominations for the committee, signed by two members if at least one year’s standing shall be handed over to the Chairman before the time of the Annual General meeting and accepted, if proposed and seconded by members of not less than one years standing. In either case, for the nomination to be valid, the candiadte for election must signify his assent, either in person if he be present at the meeting or if he be absent, in writing.
In case the number if nominations exceeds the requisite number, a balot shall be taken for the election of the committee. The election may also be effected by means of a show of hands, should the meeting unanimously so desire.
12. POWERS OF THE COMMITTEE
Without prejudice to its general powers and duties, the Committee shall have the following powers and duties, namely:-
12.1 To elect it’s own Chairman, Vice-Chairman, Secretarie, Treasurer and one Equipment and Stores Officer. The number of members elected to the Committee shall not be increased beyond nine.
12.2 To appoint any eligible member to fill until the next Annual General meeting, any casual vacany occuring in the Committee and to co-opt other members to serve on the committee.
12.3 To act nothwithstanding any vacancy or vacancies in the committee, provided the quorum provided for shall be present at all meetings (see 12.4).
12.4 To meet at it’s discretion but not less than once in three consecutive months and to cause to be kept proper minutes of it’s meetings. At all meeeting of the committee, five shall form a quorum, the Chairman shall have a casting vote only.
12.5 To make or repeal such rules and regulations as may be necessary for the safe conduct of shooting, provided that such rules and regulations do not conflict with safety and the Constitution.
12.6 To frame from time to time, tariffs or fees and changes for ratification at any A.G.M. or general meetings.
12.7 To appoint and remove Bankers and Officials of the club and to determine the powers and duties of the Officials of the club.
12.8 To direct and provide for the receipt, custody, employment, management, remittance and expenditure of moneys and funds to the Club, provided that all cheques shall be signed by two out of three persons, whom shall be the Treasurer, the Chairman and one other nominated Committee member.
12.9 To carry out and give effect to all the resolutions of the members in General Meeting, and, where no special direction is given as to the manner in which any resolution is to be carried out, to carry it out in such manner and form as the committee may in it’s discretion think fit.
12.10 To erase from the Membership Roll, the name of any member who ceased to be a member of the club for any reason.
12.11 To expel, or suspend for such a period as the Committee thinks fit, any members guilty, in it’s opinion, of a breach of the range rules and regulations or any conduct prejudicial of the safety of persons using the range or of the conduct prejudicial to the interest or reputation of the club. Any such member shall have the right to appeal to a Special or General Meeting of the Club, against the decision of the Committee, provided that he shall give notice in writing to the Chairman of his intention to do so within seven (7) days of the notification to him of the Committee’s decision. Any entrance or membership fees paid by a meber so expelled or suspended, shall not be refundable.
12.12 At it’s own discretion, to reinstate to the Membership Roll, in terms of Article 23, the name of any member who ceased to be a member of the Club for any reason.
12.13 To make rules for the admission of Life and Honorary Life Members.
12.14 To make rules as to the conditions generally upon which visitors may be admitted to the club and all matters connected therewith. To ensure any person making use of the facilities of the club sign indemnity on a regular basis and pay the prescribed visitors range fee.
12.15 To make, vary or repeal rules or regulations to meet any contingency which may arise from time to time, not provided for in this constitution.
12.16 To resolve any doubt, or dispute as to the proper construction of this Constitution, or any rules and regulations of the Club.
13. GENERAL MEETINGS
An Annual General Meeting shall be held not later than or within two weeks after the end of November each year, for the purpose of receiving the report of the Chairman of the outgoing Committee and audited Annual Financial Statements, of electing the Committee for the ensuing year, of transacting any special business of which due norice has been given, and discussing generally the affairs of the club. All other general meetings shall be called Extra-ordinary General Meetings.
14. NOTICE OF GENERAL MEETINGS
Notice of the Annual General Meeting, and all the business to be transacted there-at, shall be posted to each member other than Family Members, not less than fourteen (14) days before the date of such meeting, and shall call the attention of such members to the provision of Article 11, dealing with nominations for the committee, there shall also be sent with such notice a copy of the statement referred to in Article 9.1.
15. NOTICE OF EXTRA-ORDINARY GENERAL MEETINGS
Notice of Extra-Ordinary General Meetings shall be posted to each member other than Family Members, at least seven (7) days before the date of such meetings, provided, however, that the Committee may call such a meeting upon shorter notice in the event of any urgent matter arising, which requires a decision of members.
16. CALLING OF EXTRA-ORDINARY GENERAL MEETINGS
The Committee shall at any time call an Extra-ordinary General Meeting and it shall do so upon a request signed by any ten (10) members, specifying the object for which such meeting is required. Such meeting shall be held within thirty (30) days of receipt of the request and the notice of such meeting shall specify the purpose for which such meeting is called.
17. QUORUM FOR GENERAL MEETINGS
Twenty members present in person and entitled to vote shall be a quorum for every General Meeting, except for the purpose of Article 26, when a quorum shall be one half of the number of members entitled to vote, recorded on the membership roll at the date of the meeting. Should a quorum not be present at any General Meeting within thirty minutes after the time notified for the meeting, such meeting shall be adjourned for fourteen (14) days, and notice of the time and date of such adjourned meeting shall be posted at the shooting range. The members present at such adjourned meeting shall be quorum.
18. VOTING AT GENERAL MEETINGS
All questions submitted to a General Meeting shall be decided by a show of hand in the event of there being an equality of votes, the Chairman shall have a casting vote only. Committee members shall vote as ordinary members.
19. APPOINTMENT OF PROXIES
Any member entitle to attend, speak and vote at a General Meeting of the club may appoint a proxy, who must also be a member of the club of not less than one years standing, to attend, speak and vote in his stead. Notification of appointment of such a proxy, signed by the member and proxy shall be presented to the Chairman before the time of the meeting.
20. ACCOUNTS
The Committee shall cause full and true accounts to be kept to the whole of the assets, liabilities, receipts and expenditures of the Club. At the Annual General Meeting in every year, the Committee shall place before the members, a statement of receipts and payments and stocks accounts for the past year, duly audited and signed by the Chairman and one of the nominated Secretaries. This document will be showing the financial position of the Club as at the last day of October last past, and a report by the Chairman.
21. BORROWING MONEY
The Committee of the Club may, subject to the provision of Article 17, upon being authorized thereto by a resolution passed by a majority of not less than three fourths (3/4) of the members present and voting at a General Meeting, borrow such sum as may be required by the Club upon such terms, conditions and security as made by such resolutions be fixed or, if the resolution so provide, as may be fixed by the committee. The notice convening such meeting shall set the amount proposed to be borrowed, the purpose for which it is required and the terms and conditions of the loan.
22. ADDRESSES OF MEMBERS
All members shall communicate in writing, their addresses from time to time to their respective secretaries and/or to the Chairman. A letter addressed to any member at his last known address shall be deemed to have been received by him, provided the letter is not returned to sender within fourteen (14) days because of change of address.
22.1 COMMUNICATION
It is preferred by the committee to communicate via e-mail and the website, and member not being able to access this medium can elect to be communicated with via Fax or post, the member to notify the committee from time to time which is appropriate.
23. RESIGNATION OF MEMBERSHIP
Any member desirous of resigning his membership, must tender his resignation in writing to the Committee, who shall accept the same, provided that he shall remain liable for all amounts due by such member including his subscription to the last day of the year during which his resignation is received. The Committee shall power to reinstate, on such conditions as it may think fit, a member who has resigned and who has applied to be reinstated.
24. LIMITATION OF LIABILITY
Subject to the provisions of clause 25, the liability of any member shall be limited to the unpaid membership fees and affiliation. No liability shall attach to the club, or its officials, in respect of the property of any member or his guests which may be lost, damaged or stolen on or from the club premises.
25. INDEMNITY
Officials of the Club shall not be liable for anything done or omitted to be done in the exercise of their duty unless such claim arises from their own willful act of gross negligence and they shall and hereby are indemnified by the Club for any such claims which are not paid or made good in terms of any insurance policy.
26. WINDING-UP
The Club may be wound-up by the resolution of not less than three-fourth (3/4) of the votes of the members present at an Extra-ordinary General Meeting of the Club, of which at least twenty-one (21) clear day’s notice has been given by registered post to every member. The members in General Meeting shall appoint Liquidators and give directions as to the method of winding-up and the distribution of assets.
27. ALTERATION OF CONSTITUTION
The constitution of the Club may be altered by Special Resolution of members asked at a General Meeting, the notice convening such meeting must contain details of the proposed alteration, the reason thereof and its effect. Proposed amendments or alterations or additions to the constitution and rules, must be displayed on the club notice board, at least fourteen (14) days before a General Meeting and notice in writing must be given to the Chairman at the same time. The motion must receive the support and votes of at least three quarters (3/4) of the members present that are entitled to vote.
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