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Pipe Bands’ Association of Southern Africa Johannesburg - South Africa
7th EDITION 31 AUGUST 2002
THE PIPE BANDS ASSOCIATION OF SOUTHERN AFRICA
CONSTITUTION
PREAMBLE The Pipe Bands Association of Southern Africa, formed in terms of a Constitution adopted on the 17th March 1980, which Constitution was subsequently amended and adopted at Germiston on Sunday 25th September 1996.
DEFINITIONS In this Constitution and in the Contest Rules, unless the context indicates otherwise, the following words shall bear the meaning assigned to them: "the Association" - The Pipe Bands Association of Southern Africa, constituted in terms of the Constitution adopted at Victory Park on Sunday 26th October 1997, replacing that agreed on Sunday 25th September 1996, and the original Constitution adopted on Sunday 17th March 1980. "the Constitution" - is the Constitution as set out hereunder. "the Rules" - the Rules shall refer to the Contest Rules of the Pipe Bands Association of Southern Africa, adopted by the Annual General Meeting on the 25th September 1996, and as amended from time to time. "the Executive" - shall refer to the Executive Committee elected at the Annual General Meeting of members. "a non-playing member" - shall refer to an individual, not being a member of any pipe band, who is admitted to membership of the Association in terms of the Constitution. "a novice juvenile band" - shall be a pipe band as defined in the Contest Rules. "a juvenile band" - shall be a pipe band as defined in the Contest Rules. "a senior band" - shall be a pipe band as defined in the Contest rules. "the Secretary"- shall be the Secretary of the Association, elected at the General Meeting of the Association on an annual basis, or alternatively nominated ito paragraph 8.2.1.1. "an event" - shall be a single full band, or drum corp. event where a number of such events comprises a full contest. "a contest" - shall comprise all separate individual band or drum corp. events held at a single competition meeting.
THE CONSTITUTION
NAME The name of the Association is "The Pipe Bands Association of Southern Africa". OBJECTIVES OF THE ASSOCIATION The Association shall have the following objectives:
The promotion of all aspects of pipe bands in Southern Africa, south of the Zambezi.
Liaison with other bodies both within South Africa and elsewhere, which are engaged in the promotion of pipe bands, piping and drumming.
To create and maintain a bond of fellowship with all pipe band personnel throughout the world, without any form of discrimination as to colour, race, creed or ethnic origin.
To attain membership of the Royal Scottish Pipe Band Association - RSPBA.
The standardisation of all rules applicable to contests.
Assistance with and the standardisation of the manner of organisation of contests.
The training of judges and the standardisation of judging procedures, including the establishment of a recognised panel of judges.
The training of pipers, drummers and drum majors for the purpose of fostering the pipe band movement and improving the standard of pipe bands in Southern Africa. POWER AND CAPACITY
The Association shall have all such powers as are necessary for or incidental to the attainment of its objectives.
The Association shall be able to own property, however acquired and to borrow or otherwise raise funds and to invest such funds.
The Association shall be a body corporate, capable of suing and being sued and no members shall be liable or answerable for the debts, liabilities, acts or omissions of the Association or any of its organs or members. MEMBERSHIP Membership of the Association shall be divided into the following categories: PIPE BANDS which shall be open to all pipe bands in any part of the Republic of South Africa, Namibia, Zimbabwe, Lesotho, Swaziland and Botswana. HONORARY MEMBERS who shall be individuals whom the Executive Committee from time to time, at its discretion, admits as honorary members, either for a specified period or for life. NON-PLAYING MEMBERS who shall be individuals who are not members of any pipe band, but who support the aims and objectives of the Association. JUDGING MEMBERS who shall be individuals appointed by the Executive Committee to the Association's panel of judges.
Any person who accepts an appointment as a member of the Association’s judging panel shall be deemed to be a judging member of the Association.
During the period of their appointment as a judging member, such members shall be entitled to receive notices and minutes of meetings of the Association as well as any other notices and or information as shall from time to time be made available, and to attend and speak at all general meetings of the Association.
Trainee judges who are not members of any member pipe band will be required to conform with the requirements of paragraph 6.1.2 below. APPLICATION FOR MEMBERSHIP Applications for membership of the Association by pipe bands or any non-playing members shall be in writing. The admission of any pipe band or non-playing member as a member of the Association shall be by decision of the Executive Committee.
The Executive shall not be required to give any reason for its approval or rejection of any such application.
Membership as an honorary member shall be by way of invitation by the Executive. SUBSCRIPTIONS For consideration for membership to the Association:
An annual subscription is payable by each band, which amount shall be determined from time to time by the Association in general meeting.
Non playing members, shall each pay an annual subscription to the Association, which amount shall be determined from time to time by the Association in general meeting.
Honorary members and members appointed to the judging panel as well as Executive Committee members will not be liable to pay any subscription to the Association.
Subscriptions shall be paid to the Association simultaneously with the annual application for membership of the Association by both non-playing members as well as Bands, and must be received by the Treasurer by no later than the 28th February, in the year in which registration has been requested.
In the case of any person or band becoming a member of the Association after the commencement of the financial year in which application for membership is made, that year's annual subscription shall be paid in full.
In the case where a Band which had been a paid up member in the previous year has not paid its subscriptions by the 28th February, the membership of that Band will be cancelled forthwith.
Should a full year or more elapse since the cancellation of a Bands membership as a result of non payment of subscription, application for re-admission to the PBASA will be considered at the discretion of the Executive, though before such readmission is permitted, all arrear subscriptions, for whichever years are outstanding must be paid.
The Executive Committee shall have the right to waiver the requirements regarding payment of arrear subs, should it be justified in their opinion.
Should it be the opinion of the Executive that a new Band registration has been made with the purpose in mind of circumventing payment of any outstanding arrear subscription, by way of merely altering the Bands name, the Executive shall be empowered to refuse such registration until all arrears have been paid.
ANNUAL FINANCIAL YEAR
The Association's financial year shall, unless otherwise determined by the Association in general meeting, run from the 1st October to the 30th September of each year. ANNUAL GENERAL AND GENERAL MEETINGS
An annual general meeting of the Association shall be held not later than three (3) months after the end of a financial year.
Forty-two (42) days written notice of the holding of such annual general meeting shall be given by the Secretary to each member of the Association.
Within 21 (twenty-one) days, all member bands wishing to do so, must have nominated and advised the Secretary of such nominees for the positions of President, Secretary, Treasurer and Executive Committee for the ensuing year.
The nominations for the positions of President, Treasurer, Secretary and Executive Committee shall be conveyed to all members no less than fourteen (14) days prior to the annual general meeting. At each annual general meeting:
The President, Secretary, Treasurer and Executive Committee for the ensuing year shall be elected by the members present from the list of names provided by member bands in terms of paragraph 8.1.2.
Members wishing to vote for the positions of President, Secretary, Treasurer and Executive Committee who will not be able to attend the annual general meeting may vote for these positions by postal vote to be received by the outgoing Executive Committee no less than seven (7) days prior to the annual general meeting. No proxy votes will be allowed. (AGM November 2001)
In the event that insufficient nominations have been received for the positions of President, Treasurer, Secretary and Executive Committee, the members present at the annual general meeting may nominate further candidates from those members present and may vote such members into office accordingly. (AGM November 2001)
In the event that is not possible to fill the positions of Treasurer and/or Secretary, the newly appointed Executive Committee shall at their first meeting be empowered to co-opt individuals into one or both of these positions.
The Treasurer in office up to the time of the meeting shall provide a detailed report regarding the finances of the Association.
The President shall furnish a report regarding the activities of the Association during the previous year.
There shall be conducted any other business of which any member of the Association shall have given the Secretary written notice fourteen (14) days prior to the commencement of such annual general meeting.
All matters shall be decided by a simple majority, unless a poll is required by the Chairman of the meeting or any member present at the meeting.
In the case of amendments to the Constitution, the provisions of paragraph 14.3 shall apply. VOTING AT ANNUAL AND GENERAL MEETINGS
Each member band shall have one (1) vote.
Any member band which is unable to secure the attendance of one of its members at any meeting shall be entitled either to exercise its votes in advance, by written notice to the Secretary, or in writing, to appoint any non-playing member or any member of a member band to represent it and vote in its name, at such general meeting. (Refer paragraph 8.4)
The non-playing members may exercise one (1) vote between them as determined by the majority thereof present at the meeting.
The non-playing member/s who will/are to cast the vote/s on behalf of the group is to be determined by the majority of the group present, and the names of such appointed individual/s advised to the Secretary prior to the commencement of the meeting.
The members of the judging panel will be entitled to exercise one (1) vote between them as determined by the majority thereof present at the meeting.
8.3.4.1 The member/s of the judging panel who will cast the vote/s on behalf of the group, is/are to be determined by the majority of the group present, and the name/s of such appointed individual/s advised to the Secretary prior to the commencement of the meeting. VOTING BY WAY OF PROXY
Only bands which fall outside the geographical area of Gauteng are permitted to exercise their votes by way of proxy. (AGM 15th October 2000)
At any Annual or Extraordinary General Meeting, proxy votes may only be exercised on specific proposals, made by the proxy-giver, which must be notified to the Secretary 14 days prior to the AGM. (AGM 15th October 2000) EXTRAORDINARY GENERAL MEETING
An extraordinary general meeting may be held at such intervals as shall be determined by the Executive Committee, or alternatively: - at the written request by two (2) bands, or - four (4) non-playing members, or - two (2) members of the judging panel.
Such general meetings shall be convened by the Secretary forthwith upon receipt of such request, and must be held within forty-five (45) days of receipt of such request for a general meeting.
At each general meeting the President of the Association shall be the Chairman of the general meeting, save that if any dispute or any other matter in respect of which a vote will be taken arises relating to any matter involving a band in which the Chairman is or was a member or any other matter in which the Chairman has any interest whether personal, financial or otherwise, in which event the Chairman shall recues himself and the general meeting shall elect one of the members present to act as Chairman.
Minutes shall be kept by the Secretary.
Every member of the Association and every member of every band which is a member of the Association may be present and may speak.
All matters will be voted on in terms of the provision of paragraph 8.3 above. MANAGEMENT
The management of the Association shall be vested in the Executive Committee which will consist of -
A President, Secretary and Treasurer of the Association (ex officio) and five (5) other members, all of whom will be elected at the annual general meeting of the Association, or nominated in terms of paragraph 8.2.1.1 and in addition there shall be –
One (1) representative elected by each branch of the Association (which branch shall bear the cost relating to the attendance of this person at the annual general meeting)
One (1) representative of the novice juvenile and juvenile grades, who shall be elected by the majority of votes exercised by the novice juvenile and juvenile bands alone at the annual general meeting, with each such novice juvenile and juvenile band having one (1) vote.
No more than two (2) members of any band may be members of the Executive Committee.
Notwithstanding that the Executive is elected at each annual general meeting of the Association, such committee shall be empowered to co-opt any person as full members of the executive, for reasons as listed hereunder.
9.2.1 Should a vacancy occur between two (2) annual general meetings.
9.2.2 For special purposes, notwithstanding the provisions of paragraph 9.1 above.
The Executive shall meet as often as it deems necessary, and regulate the notices and conduct of its meetings as it deems fit, provided that -
All resolutions are minuted and copies made available to all members.
A quorum at any meeting shall consist of at last five (5) members.
Each member of the Executive, including any co-opted members shall have one (1) vote.
9.3.3.1 In the event of a deadlock the Chairman shall not have a second casting vote.
The President of the Association shall be the Chairman of each meeting of the Executive, save that if any dispute or other matter in respect of which a vote will be taken arises relating to any of the matters referred to in paragraph 8.5.3 above, then the Chairman shall recues himself and those members of the Executive (provided that a quorum is still present) shall elect one of its members present to act as the Chairman for that particular issue.
Any resolution passed by sufficient members of the Executive Committee to constitute a quorum, shall, upon being reduced to writing and inserted in the Association's minute book, constitute a valid resolution of the Executive Committee, notwithstanding that it may not have been passed at a formal meeting of the Executive Committee, or that the full period of notice thereof may not have been given to the members of the Executive Committee.
The Executive Committee shall:
Have the power to bind the Association in every manner and to represent the Association and to deal with the Association's property, in such a manner as it deems fit, provided that no act of the Executive shall be valid if it is inconsistent with any prior resolution of the Association in general meeting or with any of he provisions of the Constitution.
Have the power to delegate its authority to such person/s as it deems fit.
Establish under its control, grading committees and such other sub-committees as it deems necessary, to deal with any aspect of the Association's affairs, such as judges, education, fund raising, public relations and gatherings and to determine the powers, structures and manner of operation of sub-committees thus established. FINANCE
The finances of the Association shall:
Be raised by subscriptions, donations, sponsorships and whatever other means the Executive Committee deems appropriate.
Be under the control of the Treasurer who shall:
Place all subscription to the credit of the Association in a bank or investment account.
Keep proper records thereof, and provide a copy of the financial statements to the Executive at each monthly meeting.
All expenditure is to be authorised by the Executive Committee, which expenditure shall require two (2) authorisation signatures.
The Association shall not distribute any of its profits or gains to any person, and shall utilise its funds solely for investment or for the object for which the Association has been established.
On a quarterly basis, copies of the financial accounts, detailing the financial standing of the Association are to be provided to all members and member bands. JUDGING PANEL
The Executive Committee shall form a judging sub-committee within one (1) month prior to the commencement of the contest season.
11.1.2 After obtaining the views of all member bands, nominate a new panel of piping, drumming, ensemble and drum major judges, comprising such members as may be deemed fit.
11.1.3 The judging sub-committee shall invite each person so nominated to join the panel of judges for the ensuing year, and upon acceptance of such invitation, such invitees shall be regarded for all purposes hereunder as judging members.
Only persons who have accepted invitations to join the panel of judges shall be eligible to judge at any contest at which the Associations rules are being applied, with the exception of the drill, dress and discipline judges.
The judging sub-committee shall however be empowered to appoint any person considered by it to be suitable as an ad hoc judge for any particular contest/s.
The number of required judges is recorded in the Contest Rules.
The Executive Committee's ratification of the judging panel shall be final and no reason need be given for its decision. GRADING OF BANDS
All member bands will be divided into grades, which grades will from time to time be determined by the Association in general meeting.
The Executive Committee shall at its last meeting prior to the annual general meeting and in consultation with grading and judging sub-committees determine the proposed grading for all member bands for the next contest year.
12.2.1 Such proposals shall be done on the basis of grouping bands together in terms of their level of competence within the various grades in order that these grades remain as similarly competitive as possible.
12.2.2 Prior to finalisation of the new gradings listing the executive shall discuss any changes of grading with the pipe majors concerned, who if not in agreement, may, should he so wish, submit his reasons to the Secretary for further deliberation by the Executive, where after the final decision will be made.
12.2.3 The decision taken by the Executive Committee, in consultation with the grading and judging sub-committees shall be final and binding on member bands.
Until otherwise resolved by the Association in general meeting no band/s will be placed in grade 1.
Each years winners of the Champion of Champions contest in grades 2, 3, 4, and novice juvenile may, dependant on the outcome of the exercise referred to in paragraph 12.2, be invited to compete in one higher grade during the following contest year.
The grade 2, 3, 4A and juvenile bands finishing last in their respective grade may, dependant on the outcome of the exercise referred to in paragraph 12.2 be required by the Executive to participate in a lower grade during the following year.
Any band requesting, for whatever reason, during the course of the competition season, to participate in a lower grade, which request is agreed by the Executive, shall be required to participate in the lower grade for the remainder of the contest year.
Bands are expected to compete on a regular basis and any band in whatsoever grade not competing in the Champion of Champion contests during one (1) contest year, may be relegated to a lower grade for the next contest year.
Any band wishing to compete internationally shall first apply to the Executive Committee for authorisation to do so, as well as an international grading, which may be lower than that in which they are competing locally. The decision of the Executive in this regard will be final and binding on all such Bands. REGISTRATION AND TRANSFER OF MEMBERS
By no later than the 28th February of each contest year, all bands shall lodge with the Secretary a full list of all band members who are to participate with the band in the forthcoming contest season.
No person will be permitted to be registered and compete with more than one (1) band, whether the bands are in different grades or not.
The use of "guest players" will not be permitted unless the player in question is properly registered with the band, in terms of the Constitution.
The exceptions to this rule will be:
13.3.1 Members of juvenile bands may register and play with a band in the senior grade.
13.3.2 One (1) piping and one (1) drumming tutor of novice juvenile and juvenile bands who may participate with both the band they are tutoring as well as the senior band in which they are registered, though may not participate in any event as either the Pipe Major or Leading Tip.
If any person joins a band during the year, after registration of all participating members, the band shall register the new member with the Secretary prior to allowing the individual to participate in any contest with the band.
No person, whether registered with another band or not, shall be permitted to compete with a band in any contest unless that individual is registered with the Secretary as a member of such a band, prior to the start of any contest.
No person shall be entitled to transfer from one band to another unless the former band has consented thereto in writing, which consent shall not be unreasonably withheld.
13.6.1 In the event of any dispute as to whether consent is being unreasonably withheld or not, such dispute shall be referred to the Executive Committee, for a decision, and the decision of the Executive Committee shall be final and binding on all parties.
Any band which includes, as a player in any event, an individual who is not registered in terms of the above, whether such member is a member of another band or not, will be disqualified from that particular event.
Should the Executive Committee resolve that any purported change of membership of any person from one band to another is not genuine, or is being done in order to circumvent this rule in any way whatsoever, the Executive shall be entitled, though not obliged to resolve that that persons registration was irregular.
13.8.1 In such cases they Executive Committee shall be empowered to take whatever steps it sees fit to correct the breach.
The Executive shall be empowered to withhold the registration, or in need, suspend the registration of any member, should it be determined that items of band equipment belonging to another band, with which the member was previously associated with, are still held by such member, whether such member was formally registered in terms of the PBASA Constitution, as a member of such band or not.
In this regard the decision of the Executive will be final and binding on all parties concerned. AMENDMENTS TO THE CONSTITUTION Any of the provisions of this Constitution may be amended, or new provisions added, by a resolution of a general meeting of the Association, provided that:
The general meeting was called in terms of the provisions of the Constitution.
At least three quarters of all the members are either present, or represented by way of proxy, which includes all member bands as well as non-playing and judges panel members.
At least three quarters of all votes cast as per paragraph 14.3 are in favour of the adoption of the amendment/inclusion.
WINDING UP The Association may be dissolved by a resolution of a general meeting of the Association, provided that.
15.1.1 Not less than three-quarters of all remaining members, which includes all member bands as well as the non-playing and judges panel members cast votes on the issue.
15.1.2 Three quarters of the votes cast are in favour of the winding up of the Association.
Upon a resolution for the winding up of the Association having been passed, the outstanding debts of the Association shall forthwith be liquidated, and any assets of the Association remaining after the satisfaction of the liabilities shall be transferred to any other society or association with objectives similar to those of the Association.
15.2.1 This transfer shall be subject to further sanction by a general meeting of the Association. UPHOLDING OF CONTEST RULES/CONSTITUTION
The Executive Committee shall be empowered to uphold the Rules and Constitution, and any band or non-playing member infringing any of these rules or failing to comply with any ruling given by the Executive in terms thereof, may be liable for suspension from the Association for such period or periods (whether definitive or in definitive) as the Executive at its sole discretion may determine.
16.1.1 Any member band under suspension may take no further part whatsoever in any of the activities of the Association until such time as the suspension has been lifted.
In the event of a member of any member band infringing any of these rules or failing to comply with any ruling given by the Executive in terms thereof, such member may be liable for suspension of his or her registration of the Association for such period or periods (whether definitive or in definitive) as the Executive Committee at its sole discretion may determine.
16.2.1 Any individual whose registration of the Association has been suspended, either for a period or permanently shall not be permitted to apply for registration via another member band during the suspension period
The decision of the Executive Committee in this regard shall be final and binding, though prior to imposing such suspension or expulsion, the Executive Committee may at its discretion permit the particular individual or member band the opportunity of a hearing.
The Contest Rules may be amended by a resolution of the Executive Committee, provided that a quorum is in place at the time. BRANCHES
The Association shall be entitled, if so requested by its members in the relevant area, to recognise one (1) branch in each of the provinces of the Republic of South Africa.
Such branches shall be known under the name of - The Pipe Bands Association of Southern Africa _____________________ Branch.
Such branches shall have a Constitution approved by the Executive Committee which constitution shall not be in conflict with the Constitution and Rules of the Association.
Such branches shall be responsible for conducting of their own affairs, in accordance with the Constitution.
All contests arranged by such branches shall be arranged in terms of the Association's Contest rules, as amended from time to time.
No band may be a member of such a branch if it not a member of the Association. |
