Constitution
PREAMBLE
We, the bikers affiliated and subscribing to the norm of communal riding, and conglomerated within the borders of South Africa out of our own freewill hereby through our freely elected representatives adopt this constitution as a supreme guiding tool for all members registered as members in good standing of the Sopranos Biking Club.
SUPREMARY OF THE CONSTITUTION
This constitution shall be the supreme law of the club and any regulation or policy or conduct which is inconsistent with it shall be invalid.
ARTICLE 1: THE NAME
The name of the group shall be known as the SopranoS Biking Club
ARTICLE 2: DOMICILUM CITANDI ET EXECUTANDI
The permanent physical address for generation of communique and receipt of same shall be :
771 Schoeman Street
Arcadia, Pretoria
Tel : (012) 343 0047/8/52
Fax: (012) 343 0053
Email : mokokame@lepulemokokainc.co.za or mokokame@mweb.co.za
ARTICLE 3: AIMS AND OBJECTIVE
- To promote the spirit of brotherhood amongst fellow members jointly and severally;
- To promote the spirit of brotherhood with fellow bikers duly registered and in good standing with other duly constituted clubs;
- To procure assets/property for the club jointly and severally for the benefit of all members in good standing of the club;
- To avail opportunities for both material and financial growth for members in good standing in the club;
- To ensure the viability both materially and financially of the club jointly and severally;
ARTICLE 4: DEFINITION
For the purpose of this constitution the following word shall unless the contrary indicates mean:
4.1. Club shall mean the "SopranoS Biking Club".
4.2. Possession shall mean ownership/custodianship.
4.3. Member shall mean a member of the Sopranos Biking Club", duly registered and in good standing.
ARTICLE 5: MEMBERSHIP
For the purpose of this constitution membership shall be open to all South Africans above the age of 25 years irrespective of race, colour or sex: provided that; such a person wishing to become a member shall:
5.1. Be in possession, at the time of the application to become a member, in possession of a cruiser motor cycle with an engine capacity of not less than 800 cc.
5.2. Have undergone the period of probation as contained in the prospect policy of the club.
5.3 Have paid membership admission fees as prescribed in Article 6.1 or as shall from time to time be regulated and prescribed by the executive.
ARTICLE 6: ADMISSION AS MEMBER
6.1. A person wishing to become a member shall, in addition to the requirement of 5 above, pay a non-refundable fee of R1 500.00 to the club and such affiliation shall be for a one year term.
6.2 Annual subscription of members shall be R800.00
6.3. The financial year of the club shall run from the 01st January to the 31st December of each calendar year.
6.4 Every member in good standing shall be entitled to 1 vote at any duly constituted meeting of the club.
6.5 Have a valid Learners / Bikers Licence.
ARTICLE 7: TERMINATION OF MEMBERSHIP
A membership may be terminated:
7.1. by a member himself at any stage during the period of membership by tendering a written resignation with the secretary of the club;
7.2. by death of a member;
7.3. by the executive committee on the recommendation of the disciplinary committee; or
7.4. ipso facto if such member has failed to pay his annual subscription fees for a period of three (3) months after such fees has became due and payable;
7.5 When such a member ceases to have a motor cycle for a continued period of 12 months provided that a member wishing to become readmitted as a member after the fulfilment of the requirement in Article 6.1 and 6.3 shall be readmitted as a fully-fledged and not a prospect.
7.6 Incapacitated members shall be regarded as lifetime members of the club without the need for them to pay the annual fee of the club.
ARTICLE 8: OFFICE BEARERS
The day to day running of the affairs of the club shall vest on the executive which shall consist but is not limited to the following:
1. The President
2. The Vice President
3. The Secretary
4. The Treasure
5. The Head Road Captain
6. The Events Coordinator
8(a) Qualification to hold executive office
A person nominated for appointment into an executive office;
- Shall be a member in good standing within the club
- Shall have been a member of the club for a consecutive period of at least 12 months and;
- Shall not have been previously removed from office under article 9(a) of this constitution.
ARTICLE 9: DUTIES
Duties shall include but are not limited to:
9.1. The President:
The President shall:
9.1.1 Oversee the smooth running of the activities of the club.
9.1.2 Ensure that all appointed members uphold the duties in respect of which they have been appointed.
9.1.3 Convene of all meetings of members of the club.
9.1.4 Chair in all executive meetings of the club and meetings of members in the absence of the Vice President.
9.1.5 Sign external contracts on behalf of the club.
9.1.6 Handle all media communications on behalf of the club.
9.2. The Vice President:
The Vice President shall;
9.2.1 Become the President in the absence of the President or should the President for any other reason become incapacitated or unable to continue or fulfil his duties during the tenure of office.
9.2.2 Chair in all meetings of members of the club.
9.3. The Secretary:
The Secretary shall
9.3.1 be responsible for taking and keeping of minutes in all meetings held by the club including meetings of the executive meetings.
9.3.2 be responsible for the dissemination of all communications and information to club members
9.4. The Treasurer:
The Treasurer shall;
9.4.1 Receive on behalf of the club- any revenue due to the club including but not
limited to members annual subscription fees, sponsorships and/or donations.
9.4.2 Keep proper books of account on behalf of the club.
9.4.3 Together with any additional member(s) co-opted by members at a duly constituted general meeting; open and be signatories to a bank account held at a registered andauthorised bank on behalf of the club.
9.5. The Head Road Captain shall:
9.5.1 Be responsible for all club rides in:
9.5.1.1 Planning routes for rides and keeping members informed of all programs;
9.5.1.2 Command and control of all members in group rides;
9.5.1.3 Informing members of any hand signal to be used in rides;
9.5.1.4 Educating members about group riding techniques.
9.5.1.5 Enforcing the rules regulations and policies of the club
9.5.2 Constitute and chair the road captain committee consisting of:
9.5.2.1 The assistant road captain,
9.5.2.2 Two marshals
9.5.2.3 One sweeper.
9.6 The Events Coordinator:
9.6.1 Shall be responsible for the organization and administration of all events of the club including but not limited to rallies
9.6.2 He must constitute and chair activities committee, which shall consist of:
9.6.2.1. The Event Coordinator
9.6.2.2. The Photographer
9.6.2.3. The Marketing Officer
9.6.2.4 The Web Master
ARTICLE 9(a): TERM OF OFFICE
9(a)(1) The term office of any executive member elected in term of this constitution shall be for a period of two years reckoned from the first day, such person assumes office after being elected at a duly constituted annual general meeting of members provided that:
9(a)(2) No person may hold the same office as a member of the executive for more than two terms provided that if a person is elected to fill a vacancy within the executive, the period between his election and the next election of executive members shall not be regarded as a term.
ARTICLE 9(b): REMOVAL OF AN EXCECUTIVE MEMBER
An executive member or the entire executive committee may be removed from office by a resolution of members supported by a two third majority of members present at that meeting only on the following grounds:
9(b)(i) a serious violation of the constitution; and/or regulations or any policy
promulgated thereunder
9(b)(ii) inability to perform the functions of the executive office either due to ill
health or continued absence from club activities; or
9(b)(iii) any conduct which constitutes dereliction of such member's office
ARTICLE 10: THE LEGAL STATUS OF THE CLUB
10.1. The club shall be a separate legal entity independent from its members, with perpetual succession and with the capacity to acquire rights and incur obligations.
10.2. The property and other assets of the club shall vest in the club, which shall hold such assets distinct from individual members and members shall have no rights and or claim to any property or assets of the club.
10.3. Any obligation lawfully incurred by or for or on behalf of the club shall be deemed to have been incurred by the club itself and to the exclusion of the individual member.
10.4. Funds available for investment may only be invested with a registered financial institution approved by the executive in consultation with members.
ARTICLE 11: COLOURS AND LOGO
- The colours of the club shall be white, black, green, blue, red and yellow.
- The logo or emblem of the club shall be an iron horse consisting of the following all colours of the club and the name SopranoS with the first and the last 's' written in capital letters.
ARTICLE 12: REGULATIONS
12.1. To give effect to the constitution, the executive shall make and publish regulations that will serve as standing operational procedures for the club; and shall be incorporated into the constitution as an addendum thereto;
12.2. The regulations shall not replace, supersede and or be in conflict with the constitution;
12.3. Once accepted and published, the regulations can only be amended by a special committee meeting with a two-third majority vote; present and eligible to exercise such vote.
12.4. Notice of a special committee meeting to amend the regulations must b'3 given fifteen (15) working days notice in advance, to include an agenda and written notification of the amendments and motivations to be tabled at the special committee meeting.
ARTICLE 13: DISSOLUTION OR WINDING UP OF THE CLUB
In the event of the dissolution of the club or winding up of the club, all the remaining funds and assets of the club shall, after paying or making provision for the payment of the liabilities and obligations of the club, be distributed equally upon all members in good standing at the dissolution or winding up of the club.
ARTICLE 14: DISCLAIMER
Whilst the club remains a separate entity, all members of the club and their quests participate voluntarily and at their own risk in the activities of the club. A separate disclaimer forming part and parcel of the affiliation form must be signed by every member indemnifying the club of any liability arising out of participation and/or injury and/or death arising out of the activities of the club.
ARTICLE 15: BANK ACCOUNT
A club account should be opened with any bank bearing the name Sopranos Biking Club. The responsibility to open the account is that of the Treasurer and the Club Secretary. The Treasurer and the Secretary are the only members with Signing Powers.
ARTICLE 16: TITLE
This shall be called the constitution of the Sopranos Biking Club and shall come into effect the day it was adopted by founding members in a general meeting convened for that purpose and shall henceforth become binding on all members jointly and severally. Three committee members should sign on the adopting of the constitution below.
ADOPTED ON THIS 30th DAY OF JULY 2008 AT PRETORIA BY AN UNANIMOUS OF MEMBERS PRESENT AT THE MEETING.
