• INTERPRETATION AND QUALIFICATIONS

  • Should any dispute or doubt arise as to the interpretation or meaning of this constitution or any rules or regulations of BCC, the Executive shall be the final arbiter and it’s decision shall be binding upon Members and members.
  • In this constitution, unless clearly inconsistent with the context, references to the male gender include the female gender and the singular includes the plural.

  • The following terms are defined within this Constitution:

 

      1. The term “BCC” shall mean BIONIC CYCLING CLUB.
      2. The term “CSA” shall mean CYCLING SOUTH AFRICA.
      3. The term “UCI” shall mean UNION CYCLISTE INTERNATIONALE
      4. The term “CGC” shall mean CENTRAL GAUTENG CYCLING
      5. The term “Executive” shall mean the Executive Committee of BCC.
      6. The term “Member” shall apply to any member of BCC
      7. The term “MTB” shall mean Mountain Biking in all its forms
      8. The term “BMX” shall mean Bicycle Moto Cross in all its forms
      9. The term “CFP” shall mean Core Function Portfolio
      10. The term “Office Bearer” shall apply to any member appointed in an official capacity within the BCC structure
      11. The term “AGM” shall mean Annual General Meeting
      12. The term “EGM” shall mean Extraordinary General Meeting

 

  • NAME AND LEGAL PERSONALITY

  • The name shall be “BIONIC SPORTS CLUB’’ the constitution whereof shall be the rules herein set out, subject to any amendments which may from time to time be made.
  • The BCC will be a distinct and separate legal entity and body corporate, with the power to acquire, to hold and to alienate property of every description whatsoever, and with capacity to acquire rights and incur obligations and having perpetual succession.
  • Membership of BCC does not and shall not give to any Member any right, title, interest, claim or demand in or to any of the monies, property, revenue or assets of BCC, but only confers upon such Members the right and privilege of enjoying the amenities of BCC, subject to such charges and reasonable restrictions as the Executive may from time to time impose, and subject to the regulations and by-laws in force for the time being.
  • The liability of Members is limited to the amount of unpaid subscriptions or other monies owing by them to BCC.
  • BCC is a sporting organisation, the income and property of which shall be applied solely towards the promotion of the vision, mission and objectives of BCC as set forth in the Deed of Trust and in this Constitution and no portion thereof shall be alienated, disposed of, paid over or transferred, directly or indirectly, to any members of BCC other than payments made in good faith as honoraria or as remuneration for services actually rendered to BCC.
  • The BCC shall be entitled to use an abbreviated form of its name where appropriate, including the letters “BCC”.

 

 

  • LANGUAGE OF BCC

  • The language of communication of BCC, whether written or oral, shall be English, provided that the Executive may from time to time agree that another language be used in some instances.

  • NO DISCRIMINATION

  • The BCC does not permit any political, religious, gender or racial discrimination within its membership. In relations between themselves, and within their own activities, Members and members must also conform to such non-discrimination.

  • AREA OF JURISDICTION

  • Areas of Jurisdiction shall be as defined by CSA.

  • AFFILIATION

  • The BCC shall be Membered to CGC which in turn is Menberd to CSA which in turn is Member to the world body of cycling UCI.

  • MEMBERSHIP

  • Membership shall be open to any member of the public, regardless of the race or creed.
  • Honorary life members are defined in section 49.
  • Membership of BCC consists of:

 

      1. Club memberships (Members), being groups of cyclists who have agreed to be bound by this Constitution and any rules and regulations made hereunder, and provided that such Member consists of ten or more members and its constitution is not inconsistent with this constitution; and ii. any other class of membership, be it temporary or permanent, as may be determined from time to time by the Executive.

 

  • FEES AND DUES

  • The Annual affiliation fee from each Member shall be such sums as the Executive may from time to time determine.
  • All affiliation fees shall become due on the First day of January each year. Should any Member fail to make payment of its Subscriptions within one month of it becoming due BCC shall have the right to suspend such Member and to deal with same in such a manner as BCC may decide. The BCC may, however, reinstate an Member on payment by such Member’s affiliation fees in arrears and any other amounts owing to BCC, on such conditions as the Executive may deem fit.
  • All subscriptions shall be payable in such a manner as may be decided by the Executive.
  • A receipt signed by the Finance CFP of BCC or by any other person authorized thereto by the Executive, shall be sufficient discharge for any monies due to BCC.

  • OBLIGATIONS OF MEMBERSHIP

  • Members who obtain membership as envisaged in section 7 are bound by, and undertakes to require all its members to be bound by the Deed of Trust,, this Constitution, any rules and regulations made in terms of this Constitution and any decision of any committee, body or person authorised in terms of this constitution to take the decision.
  • No Member or member of BCC shall be absolved from the effect and application of the Constitution and any rules or regulations made under the Constitution by reason of the fact that they may not have received a copy thereof.
  • All Members and members of BCC undertake to abide by any drug control policy adopted by the UCI, CSA or any other body to which BCC may Member.
  • Every Member, and all competitors shall at all times be subject to this Constitution and the rules and by-laws of BCC.

  • APPLICATIONS FOR MEMBERSHIP

  • Any Member as contemplated in section 7 wishing to affiliate to BCC must apply in writing to the Executive in the manner and form prescribed by the Executive from time to time.
  • Each member will receive a membership card, and such membership shall be valid for one calendar year, or part thereof, until 31 December of each year, provided that such membership will automatically be renewed annually from the beginning of BCC’s financial year and provided that an annual membership fee of the member is paid by not later than 30 days after the beginning of each financial year of BCC.
  • License fees for each class of member must be determined at each Annual General Meeting of BCC in accordance with the structure laid down by CSA.
  • The Executive must keep a record of all members of BCC.
  • No Member or member shall be entitled to any refund, whether in part or in full, of any affiliation/membership fees paid by them should they terminate their affiliation/ membership for any reason. The same applies to any Member or member that is expelled, suspended or terminated as provided for in this Constitution.

  • MEMBERSHIP COLOURS AND INSIGNIA

  • The Executive together with the club sponsors shall determine the club colours.
  • All members shall wear the colours of the club at all cycling events.

  • BCC HEADQUARTERS

  • The Headquarters of BCC shall be the address as agreed by the Executive.

  • BCC COLOURS

  • The colours of BCC shall be Green, White and Black.

  • BCC VISION, MISSION AND OBJECTIVES

  • The BCC has as its vision, mission and objectives, the promotion, growth, development and for these purposes, the control, of cycling in all its forms, including but not limited to:

 

        1. competitive road racing and time trials;
        2. track cycling;
        3. competitive and recreational off-road cycling including cross country mountain biking and downhill mountain biking;
        4. every kind of BMX cycling;
        5. recreational cycling including the UCI concept of “Cycling For All”;
        6. commuting;
        7. touring.
        8. to remain vested with the sole right to select individuals and teams to represent the BCC
        9. To promote and encourage cycling and to protect the interests and safety of cyclists.
        10. To manage and control licensed competitive cycling and to frame and enforce rules and regulations for this purpose, provided they do not conflict with any of the CSA and UCI Rules and Regulations.
        11. To exercise jurisdiction over all Members or associated bodies or organizations.
        12. To control cycling championship meetings, to maintain official records of performances, and to appoint officers, and officials for these purposes.
        13. arrange, and assist Members to arrange, cycle tours, fun rides, races and outings;
        14. co-ordinate road cycling races, tours, fun rides and outings organised by its Members;
        15. maintain an amicable relationship with all Members and members, nurturing a spirit of friendly rivalry in competition;
        16. to achieve the secondary objectives more fully dealt with elsewhere in this Constitution.
        17. To do all things and to engage in all activities deemed necessary for the attainment of these objectives.

  • BCC EXECUTIVE COMPOSITION

  • The management and control of the affairs of BCC shall be vested in an Executive consisting of 4 (four) members who have been members of BCC for at least 12 months.
  • Committee members shall serve a period of office as hereinafter provided.
  • The BCC secretary shall be appointed by the Executive as hereinafter provided.
  • The Executive shall consist of the following office bearers:

 

(i) Chairman

(ii) Vice Chairman

(iii) Secretary

(iv) Treasurer

  • 15.5 The Executive may designate additional portfolios from time to time as it deems fit.
  • The officials contemplated in section 15.3 may serve in a dual capacity of also holding a portfolio determined in section 26.
  • The election of members of the Executive and Trustees shall take place annually at the AGM, while all other office bearers of the committee shall be decided upon and elected by the new committee and not by the AGM.
  • Only members of BCC in good standing may be elected to the Executive.

  • FILLING OF VACANCIES AND CO-OPTING OF MEMBERS

  • The Executive may fill any vacancy provided that the total number of Executive members shall not exceed 10 (ten).
  • Any member co-opted to the BCC shall hold office for one year.

  • VACATION OF OFFICE

  • A member shall cease to hold office as an Executive member if:

 

        1. by notice in writing he resigns his office;
        2. he is or becomes of unsound mind or surrenders his estate as insolvent;
        3. he is convicted of an offence which involves dishonesty;
        4. he absents himself from 3 (three) consecutive meetings of the committee without leave of absence; or
        5. by resolution of a general meeting of BCC he is removed from his office;
        6. he is suspended from office by the Executive and a general meeting of BCC has been called at which his continued membership of the Executive will be considered.

  • EXECUTIVE MEETINGS AND PROCEDURES THEREAT

  • The Executive shall meet at such times and place as shall be decided by it from time to time, provided that it shall meet at least once every 3 (three) calendar months.
  • Special meetings of the Executive may be called by the Chairman or, in his absence, the Vice- Chairman. Three Executive members may at any time convene a meeting of the Executive by giving notice to the other Executive members.
  • Notice, either oral or written, of any meeting shall be given to all Executive members as are within the Republic of any proposed meeting not less than 10 (ten) days before the proposed meeting, which notice shall specify the reason for calling such a meeting; provided that in cases of emergency such shorter notice as is reasonable in the circumstances may be given.
  • Not less than half of the members of the Executive shall constitute a quorum at any meeting. If a quorum is not present within 15 (fifteen) minutes of the appointed time, such meeting shall stand adjourned to the same place, time and day of the following week. If at the adjourned meeting the number of members is below the number necessary to form a quorum, the members attending will form a quorum.
  • If the Chairman vacates his office or is removed there from by members at a general meeting, then the Vice-Chairman shall automatically become the chairman and shall hold office for the remaining period in respect of which the first-mentioned Chairman was elected. The Executive shall then elect a new Vice-Chairman at the meeting following immediately upon the vacation of office by the former Chairman.
  • All matters at any committee meeting shall be determined by a majority of those present and voting. In the event of an equality of votes, the Chairman of any meeting shall have a casting as well as a deliberative vote.
  • The Executive shall keep minutes of it’s meetings.

  • ELECTION OF CHAIRMAN AND VICE-CHAIRMAN

  • The Chairman shall be elected at the Annual General Meeting. The Vice-Chairman shall be appointed by the Executive at their first meeting after the Annual General Meeting at which they were elected. The Vice-Chairman shall be an elected member of the Executive.

  • DUTIES

  • The Executive shall frame rules and regulations governing any matters falling within the scope of BCC.

  • GOVERNANCE

  • All Press statements or releases on policy; the release of names of selected teams and other matters of a major nature shall only be made with the prior approval of the Executive and by such persons as it shall nominate (and failing nomination, the Chairman).
  • The accidental omission to give notice of any meeting to any person or persons entitled to be present thereat shall not, ipso facto, invalidate the proceedings at that meeting. Any member absent from any meeting as a result of such accidental omission shall only be entitled to challenge the proceedings at that meeting and any resolutions passed in terms thereof provided that he can establish substantial prejudice to himself and provided further that he can establish that, had he been present, any resolution/s which was or was not passed might well have been passed or not passed, as the case may be.

  • BCC CAPACITY AND POWERS

 

The following section should be read in conjunction with the BCC Operations model as depicted in “Appendix A”

BCC shall have full capacity, power and authority to carry out its vision, mission and objectives. These powers and the responsibilities that go with them, shall be exercised by:

  • The Executive which is the supreme organ of BCC whose function it is to set policy; elect Office Bearers of BCC and oversee their functions and carry out functions stipulated elsewhere in this Constitution;
  • The BCC portfolio’s consisting of: Road; Track; MTB; BMX; are responsible for administering their respective portfolios and accountable to the Executive in the first instance and the Core Function Portfolios in the second instance;
  • The Core Function Portfolios consisting of: Finance, Development, Officials, Recreational, Disabled, Administration and Governance, and Safety.
  • Other portfolios may be created by the Executive from time to time for specific requirements associated with the achievement of the defined BCC vision, mission, goals and objectives.

    Without limiting the generality of the afore-going, BCC shall also have the power to:

  • control and manage the affairs and funds of BCC in conformity with the Deed of Trust, this Constitution and the By-Laws, and in exercising such control and management the Executive may expend as it deems fit such monies as may be considered necessary to accomplish the purposes of BCC, and to report at each Annual General Meeting the reasons for such expenditure.
  • purchase, own, dispose of and otherwise deal with movable and immovable property;
  • sue or be sued in its own name;
  • establish rules and regulations, not inconsistent with this Constitution, for the admission, suspension and termination of membership of BCC;
  • establish rules and regulations for the governance and conduct of cycling events and activities;
  • take measures to develop the skills and competence of cyclists through the acquisition and implementation of coaching techniques and training systems and programmes;
  • collect, publish and disseminate information about cycling;
  • take disciplinary action against any Member or member;
  • uphold any sentence passed on any individual or body by CSA, UCI or any other cycling or sporting body provided it is not in conflict with the defined BCC constitution;
  • operate banking accounts with all powers required by such operation;
  • determine and levy fees and levies payable by members, Members and cycling event organisers, including ride levies and membership fees payable by Members and members for membership to BCC;
  • employ and pay agents, servants and any other parties;
  • make, amend and repeal rules and regulations which shall be binding upon members as if they form part of the Constitution;
  • appoint temporary or permanent committees and delegate to such committee such powers and functions as BCC may determine.
  • The Executive shall have the power to delegate some of its functions to Office Bearers or sub-committees, from time to time, as it deems fit.
  • The Chairman shall chair all Executive meetings or failing him the Vice-Chairman
  • In carrying out its functions, the Executive shall have the role and responsibility of:

 

        1. Acquiring by purchase, lease, exchange, or in any other manner whatsoever immovable or movable property of any kind whatsoever situated, or any right or interest in any immovable or movable property of constructing, demolishing, reconstructing, altering, or improving, decorating furnishing, or maintaining offices, houses, recreation grounds, pavilions, halls, buildings, works and conveniences and by consolidating or connecting or subdividing properties by leasing and disposing of same.
        2. Letting out on hire, BCCs grounds and/or buildings or any other erections there on for any purpose whatsoever.
        3. To grant permission to unmembered bodies to conduct sports meetings on payment of a fee prescribed by the Executive.
        4. Conduct, hold and promote all classes of pastimes, games, amusements, show matches, competitions, exhibitions, lectures, entertainment, and the like, and otherwise to use the BCCs property and rights and to offer, give and contribute towards prizes, awards, distinctions, cups and other awards.
        5. Hold enquiry in regard to objectives, protests, the conduct of cyclists, clubs or sports promoting bodies and to deal with such matters in accordance with the objects of this BCC.
        6. Do all such other manner of things as may be considered expedient in the management of the affairs of BCC and for the carrying out of the objects and rules thereof and of those of CSA.
        7. Lend, Invest or otherwise deal with the monies of BCC not immediately required, upon such securities and in such manner as may from time to time be determined, and to purchase or otherwise acquire and hold for the purpose of investment any lands, bonds, or securities issued by local, Municipal, public, Provincial or Government body and to realize and dispose of same.
        8. Sell, let or hire, exchange or otherwise dispose of or mortgage, or otherwise deal with or turn to account, and upon such terms as may be expedient, all or any part of the property, rights, privileges, undertakings or business of BCC, and to accept payment therefore, in such manner as may be thought expedient and proper.
        9. Enter into any arrangement with any government or authorities supreme, municipal, local or otherwise that may obtain from any such government or authority, any rights, privileges, and concessions which BCC may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions.
        10. Grant permission to Members or sports promoting bodies to hold cycling meetings under permit from BCC and against payment of such permit fees as may from time to time be decided upon by the Executive.
        11. preparing an annual business plan consistent with the vision, mission and objectives of this Constitution and applicable policy guidelines and instructions, if any, set by the AGM;
        12. preparing and implementing an annual income and expenses budget for BCC as a whole;
        13. assisting the Commissions in the preparation of their annual business plans and budgets, overseeing their implementation and generally monitoring and controlling the affairs of the Commissions;
        14. obtaining additional sources of income for BCC through national and other sponsorships and generally raising funds as deemed fit or as instructed by Congress;
        15. where desirable, developing events for BCC on its own or in partnership with others and if deemed fit, obtaining equity stakes therein;
        16. where desirable, developing appropriate means of communication with cyclists and the public generally so as further to promote BCC and cycling generally through all mediums including on the Internet; in writing through newsletters or magazines; on radio and television on its own or in partnership with others and obtaining equity stakes in such ventures;
        17. developing the infrastructure of cycling locally but at the same time respecting the reasonable autonomy of the Members;
        18. concluding contracts with any third parties whatsoever and binding the credit of BCC;
        19. instituting or defending legal proceedings in the name of BCC;
        20. liaising with the Members;
        21. generally carrying out the vision, mission and objectives of BCC;
        22. licensing cyclists and setting fees for licences; setting fees for club sponsorships and rider sponsorships and event fees on a per rider basis or as the Executive deems fit but subject to the express provisions of this Constitution and the instructions of the AGM;
        23. disciplining Members and cyclists through sub-Committees which may consist of members of the Executive or co-opted members;
        24. employing staff, consultants and others and terminating their services upon such terms as the Executive deem fit where desired.

  • ELECTION OF THE EXECUTIVE

  • Notice of persons being nominated for the Executive must be submitted to the Secretary six weeks prior to the Annual General Meeting (AGM).
  • Should 5 (five) nominations not be submitted in this period of time then further nominations for persons wishing to serve on the Executive may be made from the floor at the AGM. These nominations must be seconded.
  • Each elected Executive member shall hold office for the period concluding with the date of the first AGM of BCC after that in which he was appointed and upon the expiry of such period such member shall automatically retire from office but shall be eligible for nomination and re- election as a member of the Executive.

  • SECRETARY

  • The Secretary shall be appointed by the Executive in March of each year, and shall hold office for the period concluding with the date that the new Secretary is appointed in the following year.
  • The Secretary shall be responsible for causing Minutes of meetings to be taken, recorded and distributed and for the drafting of Agendas and all notices convening meetings.
  • The Secretary shall elect, collate and distribute all correspondence addressed to BCC.

  • PORTFOLIOS

 

The following section should be read in conjunction with the BCC Operations model as depicted in “Appendix A”

  • There shall be 4 (four) portfolio’s constituting subsidiary organs of BCC whose objectives and powers are set out hereafter but always subject to the overall direction, control and supervision of the Executive to whom portfolio’s shall, in the first instance, be accountable.
  • A Chairman of a Portfolio thereby assumes responsibility for the affairs of the Portfolio he chairs but remains accountable to the Executive and subject to its overall control.
  • The Portfolio’s shall be as follows:

    (i) Road
    (ii) Track
    (iii) MTB
    (iv) BMX

  • Each Portfolio committee shall consist of a Chairperson to be known as a Chairman and 3 (three) additional members
  • Portfolio Chairpersons shall be elected at the BCC Executive and shall hold office for 1 (one) year and be eligible for re-election for a consecutive term in line with the AGM election process described within this constitution.
  • Portfolio Chairpersons be nominated by the Members and/or the Executive and elected at the AGM as elsewhere provided.
  • A CSA Statutory Commissioners’ Congress is held annually (THREE) days prior to the CSA Statutory Congress, for the purposes of enabling Commissioners to discuss common affairs and to facilitate and co-ordinate their respective portfolios. The elected Portfolio Chairman are bound to attend this Congress to represent the interests of BCC. A representative from the Executive may be appointed to fulfil this function on behalf of the Portfolio Chairman Director should he not be able to attend the Congress.
  • Portfolio committees shall each set their own procedures regarding the notice and convening of portfolio meetings, setting of agendas and like matters and it shall be the role and responsibility of the Chairperson of each portfolio to ensure that these procedures are in place and are adhered to. Meetings are to be held at least monthly, minutes kept of all Portfolio meetings and copied to the Executive.
  • Each Portfolio shall have the role and responsibility of administering their aspect of the sport (e.g. road) on a local basis subject to the instruction and direction of the Executive in the form of the Core Function Portfolios.
  • In so doing each Portfolio shall:

 

        1. carry out the duties assigned elsewhere to the relevant Portfolio in this Constitution;
        2. not have control of any finances; the power to bind BCC in contract or otherwise or incur any obligations on behalf of BCC save with the prior written consent of the Executive, it being envisaged that the Executive may approve a limited income and expenses budget for a Portfolio; allocate funding to a Portfolio and empower a Portfolio to open a separate banking account in the name of such Portfolio for the purposes of holding such funds and withdrawing same from time to time as and when required but no overdraft or other borrowing authority or powers shall be permitted.

  • SUB-COMMITTEES

  • The Executive may appoint further sub-committees for any purpose deemed necessary. The Executive shall receive and deal with reports from such sub-committees.
  • The Executive may co-opt further members onto the Executive for a period of time as may be set by the Executive. These members shall not be entitled to vote at any BCC meeting except as herein before or after provided.

  • AUDITOR AND LEGAL PROCEEDINGS

  • An Auditor shall be appointed annually by the Executive at the AGM.
  • The Chairman and Secretary in their capacity as for the time being, shall be Trustees of and for all interest and purposes, legal holders of all moneys, cups, and other property of BCC, and shall deal with same as the Executive may from time to time decide.
  • The Executive may institute and defend legal proceedings.

  • DELEGATES

  • The delegates from BCC to any CGC or CSA Congress or CSA General Meeting shall as far as practicable be selected from the Executive.

  • MINUTES

 

A true and correct record of all meetings of the Executive shall be kept by the Secretary, of all business deals with and all matters discussed and voted on.

  • ANNUAL GENERAL MEETING

  • NOTICE AND FORMAT

 

        1. The Annual General Meeting of BCC shall be held in the Gauteng region between 2 January and 28 February in each year, and not later than thirteen months after the last meeting.
        2. Six weeks notice shall be given to all Members and life members. The omission to send by post any such notice to any Member or life member shall not invalidate the holding of the meeting, or the passing of any resolution thereat.
        3. Notices calling the AGM must specify the place, the day and the time of the meeting and set out an agenda of the items to be discussed at the meeting.

  • QUORUM

 

        1. Twenty percent (20%), being bona fide members must be present to form a quorum. 30.2.2 Should no quorum be present, the meeting shall be adjourned for seven days at the same time and venue, where those present at the adjourned meeting shall form a quorum.

  • AGENDA

 

        1. The following business will be transacted at the Annual General Meeting. (i) Receiving of apologies; (ii) Reading the notice of the meeting; (iii) To read and adopt the minutes of the previous Annual General Meeting and to deal with matters arising there from. (iv) To receive the Chairman’s report. (v) To receive the audited Statement of Accounts and Finance report. (vi) To appoint or elect the Chairman (vii) To appoint or elect the Executive (viii) Annual subscription fees; (ix) To appoint the auditors: (x) To deal with any business of which due notice has been given as herein before provided. (xi) Any other business of a general nature.

  • MINUTES

 

 

        1. A true record of the Annual General Meeting shall be kept by the Secretary, of all the business dealt with and all matters discussed and voted on, and shall be circularised to all Members and CSA.
        2. The minutes of the Annual General Meeting must be submitted to the first meeting of the Executive after the Annual General Meeting for approval as to being a correct record of the meeting, and shall be circulated to all Members of BCC, but shall only be submitted at the next Annual General Meeting for confirmation.

  • REPORT OF THE EXECUTIVE COMMITTEE AND ACCOUNTS

    The Executive shall prepare an Annual Report and Statement of Accounts of the year’s workings for submission to the AGM.

  • REPRESENTATION

 

        1. At every General Meeting of BCC, either Annual or Extraordinary, all Members shall be entitled to one vote representing the voting rights as defined in this document.
        2. All members who are minor children will be represented by their legal guardian.

  • VOTING

 

        1. Members are permitted to vote by proxy and must accredit a bona fide member from the Member to represent the same.
        2. The voting shall be by show of hands unless a ballot be demanded, and the majority of votes shall in all cases decide. In the case of an equality of votes, the Chairman of the meeting shall have a casting vote, in addition to his vote as a member. The result must be made known immediately, including the number of votes for, against and the number of abstentions.
        3. At every such meeting every member of the Executive shall be entitled to one vote subject to the following proviso, that, no member of the retiring Committee may vote on the election of the Committee or of any member thereto unless he be a duly appointed delegate from an Member.
        4. Honourary Life Members shall have one vote each. No Life Members shall, in addition, be entitled to vote as a delegate.
        5. If more than a quarter of the members attending an AGM so request, a matter must be decided by ballot. The result must be made known immediately, including the number of votes for and against and the number of abstentions.

  • POWERS OF CHAIRMAN

 

        1. The Chairman shall have authority on all questions of order, and shall have a deliberative as well as a casting vote.
        2. The chairman, or in his absence the vice-chairman, of the Executive shall preside at every AGM of BCC, provided that if neither such chairman or vice-chairman are present, then the members present must choose a chairman from one of the other members of the Executive, or if no such other members of the Executive are present, then from the other members present. Where a person other than the chairman or vice-chairman of the Executive chairs a meeting as contemplated in this paragraph, that person’s election as chairman shall terminate at the closure or adjournment of the meeting, whichever occurs first.

  • EXTRAORDINARY GENERAL MEETING

  • NOTICE AND FORMAT

 

        1. The Secretary must and shall be compelled to convene an EGM of BCC upon;- (i) A Resolution of the Executive or (ii) His receiving a requisition signed by and on behalf of one third of the Members of BCC. Such requisition shall state the purpose for which the meeting is required.
        2. The Secretary shall send out the notice for such a meeting within seven days of receipt of the requisition. The omission to send by post any such notice to any Member or life member shall not invalidate the holding of the meeting, or the passing of any resolution thereat.
        3. Notices calling the EGM must specify the place, the day and the time of the meeting and set out an agenda of the items to be discussed at the meeting.

  • QUORUM

 

        1. Twenty Five (25) members, being bona fide members of current Members must be present to form a quorum.
        2. Should no quorum be present, the meeting shall be adjourned for seven days at the same time and venue, where those present at the adjourned meeting shall form a quorum.

  • DATE

 

        1. The meeting shall be held on a date not less than seven days or more than fourteen days from the date of the despatch of the notice.

  • NOTICE

 

        1. The notice shall be sent to the Members, life members and Executive members, and shall contain the agenda specifying the business which will be transacted at the meeting.

  • VOTING

 

        1. Members are permitted to vote by proxy and must accredit a bona fide member from the Member to represent the same.
        2. The voting shall be by show of hands unless a ballot be demanded, and the majority of votes shall in all cases decide. In the case of an equality of votes, the Chairman of the meeting shall have a casting vote, in addition to his vote as a member. The result must be made known immediately, including the number of votes for, against and the number of abstentions.
        3. Honourary Life Members shall have one vote each. No Life Members shall, in addition, be entitled to vote as a delegate.
        4. If more than a quarter of the members attending an EGM so request, a matter must be decided by ballot. The result must be made known immediately, including the number of votes for and against and the number of abstentions.
        5. At every EGM every member of the Executive, life members and Member delegates will be entitled to vote. In the event of an Executive member being a delegate, he will be entitled to one vote only.

  • AGENDA

 

        1. An EGM may only raise, discuss and decide such matters as have been duly notified and set out in the notice convening the meeting.

  • MINUTES

 

        1. A true record of the EGM shall be kept by the Secretary, of all the business dealt with and all matters discussed and voted on, and shall be circularised to all Members and CGC.

  • ADJOURNMENT

 

        1. If within 15 minutes from the time appointed for the holding of an Extraordinary General Meeting, convened on the request of Members, a quorum is not present, the meeting shall be dissolved.

  • FINANCIAL PROCEDURES AND ADMINISTRATION

  • The BCC shall maintain a current account with a recognised financial institution into which all income and other funds of BCC shall be deposited forthwith as and when received.
  • The BCC shall maintain a call account with its said bankers into which monies from the said current account may be deposited from time to time.
  • 32.3 All withdrawals, transfers of monies and the issue of cheques shall be authorised only as follows:

 

        1. either the Chairman or the Financial CFP may sign cheques or other instruments of transfer up to a maximum limit set by the Executive from time to time;
        2. cheques or other instruments of transfer in excess of the said maximum limit shall require the signature of:

          the Chairman and the Financial CFP

        3. all loans; overdraft facilities shall require 2 (Two) signatures as in
        4. above;
        5. all contracts and Powers of Attorney which are required to be in writing and signed other than contracts of a minor nature shall require the signature of the Chairman and Financial CFP or any other 2 (Two) parties whom the Executive may in writing appoint provided that one or whom shall always be a member of the Executive;
        6. all books of account and financial records of whatsoever nature or kind, stored electronically or otherwise, shall be available for inspection by any Office Bearer at any time, during business hours, on reasonable notice.

  • Proper books of account shall be kept by the Executive under the control of the Finance CFP.

  • Where practical, moneys not required immediately shall be invested to the best advantage of BCC.

  • The financial statements and the accounts of BCC shall be audited annually by a public accountant, who must be appointed by the Executive.

  • The auditors must timeously submit their report to the Executive who must distribute copies of the audited statements of income and expenditure and a balance sheet at each AGM.

  • The Executive shall cause to be prepared and shall lay before every AGM a statement of BCC’s financial affairs for the year concerned.
  • The Executive shall cause quarterly management accounts to be tabled at quarterly Executive meetings which represent a fair reflection of income and expenses received and accrued to date. It shall be the role and responsibility of the Chairman and Financial CFP to cause same to be drafted.

  • The Executive shall cause annual financial statements including a balance sheet and an income and expenses statement to be drafted and audited by BCC’s auditors in accordance with generally accepted accounting principles which shall be approved by the Executive and signed by the Chairman and Financial CFP and thereafter tabled at an AGM and included in the Financial CFP’s annual report to the AGM.

  • The Financial CFP shall receive all BCC’s monies and shall make such payments as shall be authorized by the Executive. He shall keep a complete and comprehensible record off all the financial transactions of BCC. These records shall be open to inspection at every meeting of the Executive together with the files of supporting documents. At every AGM a financial statement duly audited by the auditor shall be submitted. A receipt shall be issued for all moneys received. All moneys shall be banked in the name of BCC, and all disbursements authorized by the Executive must be paid by cheque.

  • If considered expeditious for the conducting of the business of BCC, an imprest account of Petty cash may be maintained by the Secretary, such amount to be drawn by cheque as and when necessary. The imprest account to be at the discretion of the Executive.

  • All moneys accrued by BCC shall be placed in the various funds for which they are nominated by the Executive. The various funds may, from time to time, be adjusted to suit the current activities.

  • The financial year of BCC shall be 1st January to 31st December of that same year.

  • MEMBERS

  • Membership of BCC shall be open to individuals as well as to artificial legal persona being Members whose primary objectives are the promotion of cycling in one or more of its forms.

  • Members shall be accepted with jurisdiction in respect of the defined geographical areas within the Republic of South Africa which may be amended from time to time by CSA Congress.

  • All Members shall pay an annual affiliation fee on the 1st January of each year in an amount determined by the immediately preceding AGM. An Member whose affiliation fee remains unpaid by a date 14 (Fourteen) days prior to the date of the AGM, shall cease to be entitled to be represented or to exercise any voting or other rights or any privileges in terms of this Constitution or internal regulations, until the fee has been paid. Should the fee still be outstanding at the end of the relevant financial year, the defaulting Member shall forfeit its membership with BCC. On seeking re-affiliating, such Member shall in addition to paying the current fee, pay all arrear fees.

  • Every member shall cause his address or any change thereof to be recorded with the Secretary.

  • Any notice or communication of whatever kind to a member shall be addressed to him at the address which according to BCC’s records, is his latest address. Such notice shall be deemed for all purposes to have been received by such member within 5 (FIVE) days of it being posted. Such address shall be deemed to be the member’s domicilium citandi et executandi for all purposes; 33.6 The Member shall provide the member’s details in the prescribed format as determined from time to time by the Executive.

  • LEGAL MATTERS

  • This Constitution, BCC and its Members shall be subject to the Constitution of the Republic of South Africa and its laws prevailing from time to time.
  • Subject to a party’s constitutional rights of review, all disputes arising out of or in connection with the enforceability of this Constitution, its application and interpretation, shall be resolved by domestic remedies and be referred to the Arbitration Foundation of South Africa or failing it to arbitration in terms of The Arbitration Act, for resolution through mediation or arbitration in terms of the rules and procedures for the resolution of disputes in sports prevailing at the time, such dispute is so referred.
  • To this extent all Members; all Office Bearers; Officials and members, waive their rights to the jurisdiction of any Courts of law and agree that resolution in terms of the afore-going shall be final and binding on the parties to the dispute.
  • No Office Bearer, Executive member or Commissioner shall be liable to BCC or to any Member or to any other party whatsoever for any act or omission occasioned by himself, by BCC or by its servants, agents or employees for any loss or damage suffered by any party provided that the Office Bearer, Executive member or Commissioner concerned, had upon the basis of information known to him or her, or which reasonably should have been known to him or her, acted in good faith and without gross negligence and BCC hereby indemnifies and holds all of the aforesaid persons harmless against any claims arising under these circumstances.
  • The Laws of the Republic of South Africa shall apply to this Constitution.

  • DISSOLUTION

  • The BCC may be dissolved, or merged with another Body with similar purposes and objects, in each case only:

 

        1. on a resolution passed by at least a 60% majority of members present at a duly constituted AGM or EGM of Members, provided that notice of the proposed dissolution or merger has been duly given in terms of the notice calling the meeting; or
        2. on an application to a Court of law by any member or Member on the grounds that BCC has become dormant or is unable to fulfil its purposes and objectives.

  • On merger, the assets of BCC shall accrue to the new Body with which the merger is effected.
  • On dissolution, the assets of BCC shall be realised and transferred to a Body having similar objects and purposes or failing such a body then to such registered charitable institution as the Executive may decide upon.

  • ADOPTION AND AMENDMENT OF CONSTITUTION

  • This Constitution may only be adopted, added to, varied, amended or modified at an AGM or EGM of BCC duly convened as herein before provided, at which the resolutions in relation to such adoption, addition, repeal or alteration is carried by two thirds of the votes present at such meeting.

  • ADOPTION AND AMENDMENT OF BY-LAWS

  • All by-laws, alterations, additions or amendments thereto shall be at the sole discretion of the Executive, provided, however, that they are not in conflict with this Constitution and that of the Constitution of CGC and CSA.

  • CONSTITUTION RULES OF PROCEDURE AND INTERPRETATION

  • This Constitution, and the rules of procedure, shall be binding on all Members at all times and in case of doubt as to the meaning or interpretation of any of the Rules of this Constitution the Executive shall be the final arbiter, and its decision shall be binding on all members

  • VACANCIES

  • In the case of a member vacating his position on the Executive, the Executive shall have the power to co-opt another member onto the Executive. Such a member shall have the full voting rights of the original member.

  • LICENSING AND REGISTRATION

  • For the purposes of licensing and registration, BCC and its Members recognise only 2 (Two) categories of cycling activities, namely:

    (i) competitive races; and
    (ii) recreational events.

  • For these purposes:

 

        1. a competitive race means an organised, usually timed, event in which participants take part in a competitive spirit, the dominant object of which is to ascertain a winner and subsidiary placings;
        2. a recreational event means any other event including fun rides even where cyclists are categorised or seeded for safety purposes provided that no winner or minor placing is recognised or rewarded in any specific way.

  • Cyclists may only take part in competitive races provided they are licensed and registered with CSA.
  • Competitive races shall be further categorised into:

    (i) full licensed races; and
    (ii) Cyclo-Sport races

    and participants must hold the appropriate licences for these events.

  • For these purposes:

 

        1. a full licensed race shall mean a race organised in accordance with the rules of the UCI read together with those of CSA with the approval of the UCI in which a participant must be registered with an Member who takes part under rules whereby the participant’s clothing must be approved and must contain no commercial branding other than recognised sponsors;
        2. a Cyclo-Sport race is a competitive race in which any cyclists may take part provided he is a member of an Member and holds a Cyclo-Sport licence.
        3. A recreational event means any other event including fun rides even where cyclists are categorised or seeded for safety purposes provided that no winner or minor placing is recognised or rewarded in any specific way.
        4. Any cyclist leaving the Club during, or at the end of a year shall first obtain a letter of clearance stating that he has no further obligations towards that club, before joining another club.

  • EVENTS

  • BCC shall be entitled itself or by way of joint venture with any of its Members or any third parties to organise or cause to be organised on its behalf any event, anywhere within Gauteng provided that same does not cause unreasonable prejudice to the affairs of any of its Members. Disputes arising in this regard shall be resolved in accordance with what is in the best interests of cycling and a resolution of AGM or EGM shall bind all parties to the dispute.

  • MAINTENANCE OF RECORDS

  • The BCC shall provide for the keeping of, and keep, official lists of records of all cycling performances in Gauteng.

  • HONOURARY LIFE MEMBERS

  • It shall be competent for the Executive to submit to the AGM of BCC, the names of such persons as they may think fit for the election of Honourary Life Members of BCC.
  • A written motivation must be submitted to the AGM, read out and voted upon.
  • Honourary Life Members shall only be elected by a two-thirds majority of those present and entitled to vote, it being understood that such an election is made in recognition of services rendered to the sport in general.
  • Honourary Life Members shall be entitled to attend all general and sport meetings of BCC.
  • He shall be awarded BCC`s medal, duly engraved.
  • The number of Honourary Life Members shall be limited to 5 (five) at any one time.

  • DISCIPLINE

 

      1. The Executive shall have the power to deal with disciplinary matters as set out in this paragraph. The Executive may appoint a permanent sub-committee or ad hoc sub-committees to exercise all or any of its powers in this paragraph. 44.2 In particular the Executive shall be empowered to:
      2. frame, enquire and decide on charges against members;

        1. to reprimand, fine, withdraw colours awarded, suspend and/or expel (terminate the membership of) members who have been found to have committed :
        2. a wilful breach of the provisions of this constitution or the by-laws or regulations made hereunder;
        3. conduct prejudicial to the interest or reputation of BCC;
        4. non-payment within a month of it’s imposition of a fine imposed in terms of this Constitution;
        5. conduct prejudicial to the interests of cycling generally or to good sportsmanship; and
        6. conduct in violation of disciplinary measures imposed by BCC, CSA or UCI or any other cycling or sporting body provided not in conflict with the aforementioned controlling bodies.

      3. A member whose conduct is the subject of a complaint or an investigation shall be informed of the nature of the complaint or investigation and the disciplinary committee must take reasonable steps to bring to his notice the nature thereof and must afford such member reasonable opportunity of replying to such complaint or investigation.
      4. The decision of the disciplinary committee must be conveyed to such member by posting a registered letter to his address as registered with BCC.
      5. At any disciplinary enquiry a Member named in the charge may be represented only by a bona fide Office Bearer of the Member concerned and any member may only be represented by a bona fide Office Bearer of an Member to which the member belongs or, in the case of a minor, the member’s legal guardian.
      6. Any member or Member aggrieved by a decision of any sub-committee in terms of this clause, may appeal against that decision to the Executive within 21 days of the decision.
      7. Where a dispute affecting any disciplinary matter within the jurisdiction of BCC exists, it shall be dealt with in terms of this constitution and the matter may not be taken outside the sphere of BCC’s jurisdiction. This provision prohibits any member (including any Member) from resorting to courts of law or to the press or other news media in connection with such dispute. A contravention of this prohibition shall constitute misconduct on the part of the member and shall be dealt with in terms of this constitution.
      8. No member of BCC expelled or suspended in terms of this constitution shall be entitled to take part in any cycling activities organized by, or under the auspices of, BCC and its Members or to act in any official capacity in respect of such activities for the period that the member is so expelled or suspended.
      9. Every member (including every Member) of BCC is required to give effect to any decision of a disciplinary committee in terms of this constitution.
      10. The BCC, all its member clubs and all its members shall be entitled to communicate any disciplinary sanction imposed by BCC or any club to any other cycling or other body as they see fit and request such body to uphold such sanction.
      11. Procure or take any such action as it deems fit against any professional who competes as an amateur and against any other person who attempts to, or obtains a prize in a fraudulent or dishonest manner.
      12. Remove or suspend any official or officials as it from time to time deems necessary.
      13. Deal repressively with any abuses at cycling meetings.
      14. Should any member commit any willful breach of the Rules or By-laws and Regulations of BCC, or be guilty of any improper, dishonest or unsportsmanlike conduct or fail to make payment of monies due to BCC or any of its members after due notice has been given in writing, or be guilty of conduct in any way offensive, BCC shall have the power:-

        1. To expel such members.
        2. To suspend such members from all or any of its rights, benefits and advantages of his membership during such time or period as BCC in its absolute discretion may deem fit and advisable.

      15. All sentences of disqualification and suspension passed by CSA or any other recognized governing body of sport shall be binding upon this BCC and its Members.
      16. The suspension or punishment by this BCC of any person, official or Member shall immediately be reported by BCC to CSA to which body appeals against the decision of the BCC may be made in accordance with the rules of that body. During suspension or appeal in connection with same, the person suspended shall not be allowed to compete at or take part in or be in any way connected with the management of cycling meetings held under the rules of the BCC, and shall be disqualified from being registered as a member, official or any Member.

  • ENQUIRIES

  • The BCC may hold enquiries in regard to objections, protests, the conduct of cyclist, clubs or sports promoting bodies and may deal with such matters in accordance with the objects of BCC.

  • APPEALS

  • The BCC shall hear and adjudicate upon appeals from the decision of Members or Officials, in accordance with CSA Rules.
  • Any appeal, in writing, may be made to the Executive from any decision by any Member upon any matter upon which any person feels aggrieved. Such appeal shall, however, be in the hands of the Executive within fourteen days of the decision or matter appealed against and shall be accompanied by a fee which shall be determined by the Executive from time to time which shall be returned if the appeal is upheld.

 

 

Bionic Cycling Club

Last Review August 2005