MCSA KwaZulu Natal Section - Mountaineering, climbing, hiking, protecting the mountains of South Africa. Durban or Pietermaritzburg

This document is provided for information only, and the definitive and binding text shall be that reflected in the latest amended copy held by the Honorary Secretary.

THE CONSTITUTION OF THE MOUNTAIN CLUB OF SOUTH AFRICA - KWAZULU-NATAL SECTION

1. The Section shall be called the MOUNTAIN CLUB OF SOUTH AFRICA - KWAZULU-NATAL SECTION.

2. The headquarters of the Section shall be in the Province of KwaZulu-Natal.

3. OBJECTS:

The objects of the Section shall be:-

a. To organise and facilitate mountain expeditions.

b. To provide for the safety of mountain climbers and to organise search and rescue parties.

c. To collect and describe geological and mineralogical specimens and specimens of fauna and flora and to compile topographical, meteorological and climatological records.

d. To procure, extend and protect rights of ways to mountains and mountain areas.

e. To assist in the improvement and enforcement of Forest, Game, and Wild Flower Protection Laws.

f. To investigate historical relics and landmarks and encourage their preservation.

g. To protect and preserve the natural beauty of the Mountains and combat mountain, forest and veld fires and to suppress vandalism.

h. To further the interests of mountaineering generally in South Africa and elsewhere.

4. POWERS:

For the purpose of carrying out the above objects the Section shall have the power:-

a. To acquire, dispose of or deal generally with, in whole or in part, any property, movable or immovable, including shares, servitudes or other rights of any description;

b. To raise loans secures, if need be, by mortgage bonds, debentures, or otherwise upon the Section’s property and to hire, for long or short periods, such goods or property, moveable or immovable, as may be necessary;

c. To build or assist other bodies, public or private, to build hostels, rest huts and shelters and to use in any way, including by donation or loan or otherwise, its funds for these purposes;

d. To open and operate banking accounts and invest surplus funds in Savings Banks, Government or Municipal Stocks, fixed deposits or building Society shares, permanent or otherwise;

e. To make donations to public or private bodies or institutions and, to cooperate with other bodies, either permanently or temporarily, for some specific purpose connected or associated with, or to further the interests of the Section.

5. MEMBERSHIP

The membership of the Section shall consist of:-

a. Ordinary Members

b. Country Members

c. Life Members

d. Honorary Members

e. Temporary Members

f. Associate Members, and

g. Family Members.

6. ELECTION OF MEMBERS:

a. Applications for membership shall be made in writing on the form prescribed by the Committee from time to time and each application shall be supported by the signatures of two members as proposer and seconder who shall be members of at least two years’ standing and further supported by the signature of a member of the Committee, if either proposer or seconder should not be a member of the Committee.

b. Applicants for membership, other than Family Members, must have taken part in Club activities for a probationary period of at least four months; this rule may be relaxed at the discretion of the Committee in exceptional circumstances.

c. The names of applicants for membership must be included in a circular delivered to members not less than 14 days preceding the Committee meeting at which the applications will be considered.

d. No person shall be eligible as an ordinary member of the Section unless he or she has attained the age of 17 years.

e. The election shall be effected by the unanimous vote of the members present at a duly constituted Committee meeting.

f. The Committee may, by unanimous vote at a constituted meeting thereof, elect any person or persons to Temporary Membership of the Section.

Temporary Members shall be subject to such terms as to entrance fees, subs., period of membership, duties and entitled to such rights as may be imposed by the Committee in its discretion at the time of election. No person may be a temporary Member for longer than 90 days from the date of his election to membership.
Temporary Members may not vote at any meeting of the Section nor may they be counted as members for the purpose of determining whether or not a quorum as required by clause 20 hereof is present at any meeting.

g. Bona fide members of the Pietermaritzburg University Mountain club and of the Durban University Mountain Club who are in good standing with their respective Clubs, shall not be required to pay the prescribed entrance fee in the event of their being accepted as members of the Section.

7. FAMILY MEMBERS:

A child of a member who has not attained the age of thirteen years, shall be eligible for Family Membership upon the following conditions:

a. A full member may make written application for his or her child to be admitted to family Membership.

(i) A Family Member shall have no voice in any proceedings in the Section neither shall he or she have voting rights nor be entitled to propose or second any candidate for membership. (ii) A Family Member shall otherwise be entitled to such privileges of membership as may be prescribed by the Committee from time to time, but when utilising his or her privileges of membership shall at all times be accompanied by his or her parents who shall be responsible for the conduct of such Family Member.
c. Family Membership shall cease when the child concerned reaches the age of thirteen years. Within a period of three months prior to attaining the above age, he or she may make written application to the Committee for Associate Membership, which application may be granted or refused by the Committee at its discretion.

d. The Committee may at any time summarily terminate the membership of a Member without being obliged to give any reason for its decision.

8. ASSOCIATE MEMBERS:
a. A person who has attained the age of thirteen years and has not yet attained the age of seventeen years may be admitted as an Associate Member.

b. (i) An Associate Member shall have no voting rights nor be entitled to propose of second any candidate for membership.
(ii) An Associate Member shall otherwise be entitled to such privileges of membership as may be prescribed by the Committee from time to time.

c. An Associate Member on reaching the age of eighteen years shall no longer be eligible for Associate Membership and shall cease to be a member of the Section unless within a period of twelve months prior to attaining the above age he or she makes written application to the Committee for Ordinary Membership, which application may be granted or refused by the Committee at its discretion.

9. COUNTRY MEMBERS:

a. The Committee may decide from time to time whether or not a member shall be classed as a Country Member and may from time to time vary such decision.

b. A Country Member shall be entitled to all the privileges of membership, save such as the Committee may determine.

10. LIFE MEMBERS:

Any ordinary or country member of not less than 5 years’ standing who is not indebted to the Section for subscriptions or other dues, may become a Life Member if he or she has rendered meritorious services to the Section, provided that Life Membership for this reason shall be conferred by the unanimous vote of the members present at a General Meeting of the Section only.

11. HONORARY MEMBERS:

a. The Committee shall have power to elect suitable persons to be Honorary Members of the Section, either permanently or temporarily.

b. The Committee may from time to time in its discretion impose conditions as to Honorary Membership, and may from time to time in its discretion vary such conditions.

12. SUBSCRIPTIONS:

a. Ordinary, Country and Associate Members shall pay such entrance fee and annual subscriptions as may be determined from time to time by the Section in General Meetings.

b. The Entrance Fee and first subscription shall be paid at the time of application for membership and thereafter the annual subscription shall become due on the 1st day of January each year. The Entrance Fee and first subscription of anyone whose application for membership is refused shall be refunded.

c. Honorary Members shall not be liable for either entrance fee or annual subscription, and Life Members shall from time of election be exempt from annual subscriptions.

d. Non-members who take part in any activities organised by the Section may, at the discretion of the committee, be required to pay a special fee. e. A family Member shall not be liable for any entrance fee or subscription but shall be liable for such fees as may be prescribed by the Committee from time to time.

f. Where an application be granted to transfer from Associate Member to Ordinary Member, he or she shall become liable for the new Membership subscriptions as from the start of the next financial year after the date when his or her transfer was approved. If at the date of approval of transfer, he or she was an Associate Member for more than 2 years, the entrance fee shall be waived.

13. RESIGNATION AND REMOVAL:

a. Members who wish to resign may do so by notifying the Hon. Secretary in writing and tendering all subscriptions and other charges due and unpaid at the time the resignation is received by the Hon. Secretary. Members will be considered responsible for the payment of their annual subscriptions in the absence of a written resignation actually received by the Hon. Secretary. Members who have resigned or been deprived of membership under Sub-Section (c) below, shall be eligible for re-election in the manner provided by Section 6 above. They shall not, however, be required to pay any further entrance fee but shall pay such of the annual subscriptions subsequent to the date of their resignation or deprivation of membership as the Committee may determine.

b. The Committee by a unanimous vote given at a meeting, of which at least 14 days’ notice has been given to committee members, shall have the power to deprive a member of his membership for good and sufficient reasons. At least 14 days’ notice of the intention to remove him shall be given to the member concerned who shall be notified in writing by the Hon. Secretary of his loss of membership within 14 days of the Committee’s decision.

c. The committee shall have power to deprive a member of his membership in the event of such member’s subscriptions or other dues being due and unpaid for one year; provided that written notice has been given to the defaulting member advising him of the action proposed not less that 7 days before the meeting. The person deprived of membership shall be notified in writing by the Hon. Secretary within 14 days of the Committee’s decision.

d. Any member who has been deprived of membership under these rules shall have the right of appeal to the Section in a General Meeting. A person desiring so to appeal may require the Hon. Secretary to raise his appeal at the General Meeting following on his deprivation of membership by giving the Hon. Secretary written notice which shall be received by the Hon. Secretary not less that 14 days before the General Meeting at which the appeal is to be considered. At any General Meeting of the Section considering the appeal, such person shall himself be entitled to address the members on the subject of his appeal. The decision of the General Meeting on such an appeal shall be final.

14. OFFICERS:

The officers of the Section shall be a President, Vice-President, an Honorary Secretary and an Honorary Treasurer. The Vice-President shall be elected by the Section in a general Meeting. In the absence of the President, a Vice-President or Committee member may preside over a General Meeting of the Section.

15. MANAGEMENT:
a.

(vi) Should more nominations than required to fill vacancies be received the issue shall be determined by ballot.

(vii) Casual vacancies of the Committee may be filled for the remaining portion of the year by the Committee, who shall report such action to the next Annual General Meeting.

(viii) In the absence of the President, who will normally take the Chair at meetings, the Committee shall elect one of its members to be its chairman. (ix) Meetings of the Committee may be convened by the Hon. Secretary at any time or shall be convened on the written request of the President or of three members of the Committee. Any member of the Committee may convene a meeting of the Committee in the event of the Hon. Secretary failing to do so upon request as herein stated.

b. The power of the Committee to act for the Section shall be unlimited except by this Constitution and any special directions which may be given at a General Meeting of the Section but, in particular and without prejudice to the General power to act hereby conferred, the Committee shall have the following rights:

(i) The Committee shall have the right to co-opt any member or members of the Section to serve upon the Committee or upon any sub-committee thereof, during the term of office of such Committee or sub-committee. (ii) The Committee may frame rules relating to camps, activities, expeditions, conduct of all meetings and the management of property belonging to the Section, provided that all such rules which are intended to operate permanently shall be reported to a General Meeting, which may supplement or alter or cancel any of them.

(iii) The Committee may frame rules for the issuing of Membership Cards and badges to members.

(iv) The Committee may frame rules granting concessions to members of allied or affiliated sections and associations.

(v) In any matter not specifically provided for hereunder the Committee shall have full power to act but shall report any action at the next Annual General Meeting.

(vi) The Committee may appoint sub-committees and delegate any of its powers to such sub-committees; provided that the Committee shall remain responsible to the Section for the actions of such sub-committees, and provided that at least one member of each sub-committee shall be a member of the Committee.

(vii) The Committee shall open and operate such Banking and savings Accounts as shall be necessary for the management of the Section’s affairs and the investment of surplus funds. The Section’s Banking and Savings Accounts shall be operated upon under the joint signatures of any two members of three members of the Committee nominated for the purpose of the committee.

16. WAIVER AND INDEMNITY:

The Section or its members shall not be liable for any accident, damage or injury sustained during any activity of the Section, whether caused by negligence or otherwise, to the person or property of any person, whether Section member or not, and no suits, or actions may be brought against the Section or any of its members in respect of such accident, damage or injury. In the event of a claim being made against the Section or any of its members by or on behalf of any minor in respect of accident, damage or injury to the person or property of such minor, the guardian or guardians of such minor shall indemnify the Section or the members against the claim.

17. TRUSTEES:

All immovable property or any interest therein shall be vested and transferred to TWO trustees who shall be appointed at a General Meeting of the Section and shall hold office until their resignation, death or removal by a resolution of the Section in a General Meeting. Notwithstanding this section, however, the acquisition or disposition of any immovable property or any interest therein and the transfer, lease or mortgage thereof shall only be effected under the authority of a resolution of the Section at a General Meeting. The notice calling such a General Meeting shall state the general tenor of the resolution to be passed and shall be given not less than 14 days before the date of the meeting.

18. GENERAL MEETINGS:

a. The Annual General Meeting shall be held during the first quarter of each year. On the written requisition of 10 members or of the President the Hon. Secretary shall call a special General Meeting of the section. Such Meetings shall be held at such places and at such times as the Committee, or failing directions from the committee, as the President may determine. At least 14 days’ notice of such general meetings shall be given to all members resident in South Africa.

b. At each Annual General Meeting an Honorary Auditor shall be appointed who shall audit the books and accounts of the Section for the ensuing financial year. The Financial year of the section shall end on the 31st day of December of each calendar year.

19. NOTICES:

Any notice to a Member shall be deemed to be duly delivered when it has been posted to that member or delivered by hand at the address of that member as furnished on his application for membership or as subsequently advised to the Hon. Secretary in writing by or on behalf of the member before the date of giving such notice.

20. QUORUM AND VOTING:

The number of members present at any meeting to form a quorum shall be:

Committee Meeting: FOUR members
General Meeting: TWENTY members Should the quorum not be present within 30 minutes of the time fixed for the holding of the meeting, the meeting in question shall stand adjourned to a date agreed upon by those present, being not less that 7 and not more than 28 days later. At least TWO days’ notice of such adjourned meeting shall be given to all persons entitled to receive notice of the meeting at which a quorum was not present. Such notice shall be given by the Hon. Secretary at the request in writing of the persons present at the meeting at which a quorum was not present. At such adjourned meeting those members present shall be deemed to be the requisite quorum. At all meetings each member shall have one vote and the Chairman of the meeting shall have both a deliberative and a casting vote, provided that no member whose subscription is not paid up may exercise his vote.

21. DISSOLUTION:

a. The Section may be dissolved by resolution of the members taken at a Special General Meeting convened as in this Constitution provided and called especially for the purpose of considering whether or not the Section shall or shall not be dissolved.

b. The resolution dissolving the Section shall:-

(i) Declare the Section dissolved.

(ii) Appoint a Committee of not less than 3 persons who shall have agreed in writing beforehand to act, to attend to the winding up of the Section’s Affairs. This Committee is hereinafter called the Liquidation Committee.

(iii) Appoint 2 of the Liquidation Committee as trustees under Clause 17 hereof. (iv) Direct the Liquidation Committee to pay the Section’s liabilities, and for this purpose if necessary, to realise any assets of the Section by public auction of otherwise as the Liquidation Committee may determine. (v) Direct the Liquidation Committee to donate the remainder of the Section’s assets to any other Association, body of persons or charity in the Province of KwaZulu-Natal or elsewhere within the Republic of South Africa. As may be approved by the Meeting and for this purpose, the Liquidation Committee may realise as herein before provided, any of the Section’s assets which it may not be possible so to donate and to donate the proceeds from such realisation to the specified Association, body of persons or charity.

c. If both existing Trustees are members of the Liquidation Committee, they shall continue to act as such and it shall not be necessary to appoint new trustees under this clause. If one of the existing Trustees is a member of the Liquidation Committee, then he shall continue so to act and it shall be necessary under this clause to appoint only one other member of the Liquidation committee as a Trustee. If any Trustee ceases to hold office after the dissolution of the Section as herein provided for, the Liquidation Committee shall have power to appoint a Trustee in his place.

d. No part of the Section’s assets remaining after payment of its liabilities shall be paid or transferred to any member or officer of the Section on the Section’s dissolution except in terms of a proper lawful realisation of the Section’s assets by the Liquidation Committee.

22. INTERPRETATION:

In case of doubt as to the meaning or interpretation of this Constitution and any rules framed thereunder, the Committee shall be the final arbiter and its discretion shall be binding until such time as the section as a General Meeting by resolution shall amend the relevant section hereof or rule framed hereunder.

23. ADDITIONS AND AMENDMENTS:

No amendment of or addition to this Constitution shall be made except at an Annual General Meeting or a Special General Meeting of the section Not less that 14 days’ notice of the proposed amendment or addition shall be given to all member resident in South Africa. Should, however, three-quarters of the members of the Section be present at a duly constituted General Meeting and vote for an amendment or addition of which no notification had been given as provided in this section, such amendment or addition shall, nevertheless, be valid, and shall forthwith be notified in writing to all members of the Section by the Hon. Secretary.