MEMORANDUM  OF  ASSOCIATION  OF  THE  SOUTH  AFRICAN AMATEUR  FENCING  ASSOCIATION

CONSTITUTION

1.  NAME

The name of the Association shall be the

SOUTH AFRICAN AMATEUR FENCING ASSOCIATION

[ hereinafter referred to as the Association ]

The Association is the only national governing body for fencing in South Africa.

2.  DEFINITIONS

The following terms used in this Constitution shall have the meanings as ascribed hereunder:

2.1     Except where the context forbids, words implying male gender shall include female gender, and words implying the singular shall include the plural, and vice versa.

2.2     The term "Executive Committee" shall mean the group of persons, normally elected at an Annual General Meeting, entrusted with executive authority on behalf of the Association.

2.3     The term "article" shall mean the singular and/or plural of article, clause, sub-clause or paragraph of this Constitution.

2.4     The term "year" when not used in the context of a financial year, shall mean the period between consecutive Annual General Meetings (AGMs).

2.5     The term "General Meeting" shall mean the Annual General Meeting (AGM) of the Association as provided for in article 13 and/or a Special General Meeting of the Association as provided for in article 14 of this Constitution.

3.  AIMS and OBJECTIVES

The Association shall be a non-profit making organisation operating for the benefit of its Members in accordance with its approved Constitution and By-laws.

The objectives of the Association are:

3.1     To promote, develop and co-ordinate the sport of fencing within the Republic of South Africa regardless of race, colour, gender or creed.

3.2     To advance, promote and safeguard the interests of all affiliated members and individual members of the Association, and to foster good relationships amongst such members, without interfering in the internal and domestic organization of affiliated Provincial or Regional associations or any other affiliated bodies, except to ensure that the activities of these associations do not in any way infringe on the rules of the Fédération Internationale d'Escrime or of the South African Amateur Fencing Association. However, any rule of censure or disciplinary action against any registered fencer by a Provincial, Regional or other affiliated body shall be reported to and recorded by the Association.

3.3     To promote a spirit of national and international friendship and goodwill in the sport of fencing.

3.4          To uphold the amateur status of fencers in accordance with the rules of the Fédération Internationale d'Escrime (FIE).(see Annexure "B"),

3.5          To participate in the fight against doping in sport, by actively promoting education and by complying fully with the anti-doping regulations laid down by the FIE. (see Annexure “F”).

3.6          To arrange for the holding of annual national fencing championships, international competitions and tournaments, and tours within the borders of the Republic of South Africa.

3.7          To arrange, wherever possible, the sending of individuals or teams to major international competitions such as the Olympic Games, World Fencing Championships, Africa Fencing Championships, Comonwealth Fencing Championships, other international fencing competitions and events, and on tours outside the borders of the Republic of South Africa.

3.8          To organise participation in national sporting events such as the South Africa Games, the Olympic Festival etc. where fencing is to be represented nationally.

3.9          To draw up:

3.9.1          an annual programme for all national, open provincial and selected international competitions;

3.9.2          dates for the Annual General Meeting, and other General Meetings;

3.9.3          administrative deadlines for payment of fees, notifications, applications, financial statements and reports.

3.10         To draw up a formal budget and to allocate available resources annually within the parameters laid down by the relevant funding bodies

3.11         To produce an annual national fencing ranking list in accordance with an accepted system.

3.12         To provide for the maintenance of an official archive to record, in an appropriate manner, a history of fencing achievements including results of national and international championships, awards, minutes of meetings, financial records, lists of affiliated members and clubs, equipment, correspondence and other matters affecting fencers and fencing in South Africa.

3.13   To set and maintain standards, encourage and provide assistance for coaches, officials and administrators to improve their skills and qualifications.

3.14 To co-operate and liaise with associations having aims and objects similar to those of this Association.

3.15   To affiliate to the Fédération Internationale d'Escrime, the Confédération Africaine d’Escrime, the National Olympic Committee of South Africa (NOCSA), the National Sports Council (NSC), and to any other body having similar aims to those of this Association.

3.16 To control the design, form and award of the Association's badge, to restrain the unlawful and unauthorized use thereof and to take disciplinary or other action in respect of any such unlawful use thereof.  (see Annexure "E").

3.17   To award National Colours in accordance with the rules of the National Colours Board and its code, and to make any other awards as are deemed suitable.

3.18   To award SAAFA Colours to persons deserving this honour, and as agreed to at an Annual General Meeting or Special General Meeting.

3.19   To award the "BENE MERUIT AWARD" in accordance with the prescribed conditions. (see Annex "A").

4.  POWERS

The Association shall have the power:

4.1     To acquire assets, engage staff and enter into commitments for the promotion of its aims and objectives.

4..2    To enter into donor funding arrangements with individuals or companies and to solicit and accept fees, donations, bequests, contributions and subscriptions for the funds of the Association, provided that the Association shall ensure that no donor will derive any monetary advantage from the moneys paid to or received on behalf of the Association.

4.3     To take on lease, purchase or otherwise acquire premises, equipment, vehicles, furniture and other property assets, whether movable or immovable that may be deemed necessary for any of the purposes of the Association and in order to provide suitable equipment, accommodation and facilities.

4.4     To improve, manage, exchange, lease, mortgage, sell, dispose of, turn to account and grant options, rights and privileges in respect of, or otherwise deal with, all or any part of the property and rights of the Association.

4.5     To deposit or invest the moneys and assets of the Association not immediately required, in such securities and in such manner as may from time to time be determined, provided that cash resources and investments will only be made with Financial Institutions as defined in Section 1 of the Financial Institutions (Investment of Funds) Act of 1984 as amended or substituted from time to time.

4.6     To borrow or raise money in such a manner as the Association shall deem fit and in particular to secure the payment of any money so borrowed by means of mortgage, pledge, charge or lien upon the whole or part of the Association's property or assets; and also by mortgage, pledge, charge or lien to secure and guarantee the due performance by the Association of any obligation or liability it may undertake.

4.7     To operate a banking account or accounts and to draw, make, accept, endorse, sign, discount, execute, and issue cheques, promissory notes, bills of exchange, bills of lading, warrants, debentures and other negotiable documents.

4.8     To make rules, to adopt By-laws and/or pass resolutions that shall not be inconsistent with the terms of this Constitution.

4.9     To inquire into the administration and/or financial affairs of an Affiliated Member.

4.10   To appoint such standing committee(s) and/or special committee(s) upon such terms as it may consider necessary to give effect to its powers.

4.11   To act as Court of Appeal and to decide and rule upon any dispute between Affiliated Members.

4.12   To perform any such tasks and to do all such things as are required, incidental or conducive to the attainment of the aims and objectives of the Association.

4.13   To carry on any negotiations or operations for the purpose of directly or indirectly furthering the interest of fencing in South Africa and to oppose any proceedings or agitation that may seem to the Association likely, directly or indirectly, to be detrimental to its interests.

4.14   To reprimand, fine or suspend the membership of any member for infringing the Constitution, By-laws, rules, policies, principles and resolutions of the Association, or for engaging in acts of misconduct, improper practices, misdemeanor, acts of defiance or bringing the Association into disrepute.

5.  AUTHORITY

5.1     The Supreme Authority of the Association shall be the SAAFA Council as set out in article 6.3.2 hereof, assembled in a duly constituted General Meeting.

5.2     The Administrative structure of the Association shall consist of:

5.2.1  The SAAFA Council as provided for in article 6.3.2 hereof.

5.2.2  The Executive Committee as provided for in article 9.1 hereof.

5.2.3     The Management Committee as provided for in article 9.3 hereof.

5.2.4  Standing and Special committees as provided for in articles of this Constitution or in the By-laws as appended.

5.3     In the absence of a specific limit placed on the powers of the Executive Committee of the Association by a General Meeting, the Executive Committee shall have the full authority to exercise the powers as set out in article 4 above.

6.  MEMBERSHIP

The membership of the Association shall consist of:

6.1        Affiliated members:

The affiliated members of the Association shall be the affiliated Provincial or Regional Fencing Associations and any other Bodies as may be accepted as members providing that the affiliated member shall:

(1) be duly constituted.

(2) consist of at least 5 (five) affiliated fencing clubs, unless otherwise approved by an Annual General Meeting of the Association.

(3) have at least 10 (ten) active and registered members in each affiliated fencing club, or any lesser number of members as approved by an Annual General Meeting of the Association, and

(4) fulfill its administrative and financial obligations.

Each Provincial or Regional Fencing Association and any other affiliated member shall submit a copy of its latest constitution and any amendments thereto as agreed to from time to time.

Any application for affiliation by a newly constituted Provincial or Regional Association or by any other Body must be accompanied by a copy of their approved Constitution. All such constitutions must be in accordance with the requirements of the South Africans Amateur Fencing Association and of the Fédération Internationale d'Escrime.

6.2        Individual Members:

Individual Members are fencers who are registered with SAAFA through their Provincial or Regional Associations or other affiliated Bodies. A member is only registered once his duly completed application form and registration fee reaches the SAAFA office.

Provision is made for "foreign" fencers who reside in areas where there are no affiliated Provincial or Regional Fencing Associations or other affiliated Bodies to register with the Association as Individual Members. This situation could arise, for example, in the case of a fencer who lives in a neighbouring state where no national fencing association exists.

Such a "foreign" Individual Member shall cease to be a member from such time as a fencing association representative of that area is formed, or if the neighbouring state is affiliated to the Fédération Internationale d'Escrime.

Any Individual Member shall be entitled to retire from membership on giving notice in writing to the Secretary of the Association 14 days prior to the end of a fencing calendar year.

It shall be in the power of a General Meeting, by a vote of two-thirds (2/3) majority to strike the name of any members off the roll of the Association.

It shall be in the power of the Executive Committee to suspend a member or members until the next General Meeting when such suspension must be confirmed or withdrawn in the manner described in the previous paragraph.

Membership of the Association and of its affiliated members shall be open to all persons residing in the Republic of South Africa, regardless of race, colour, gender or creed, who are bona fide amateurs as defined in this Constitution.

6.3        Office bearers

All office bearers in National, Provincial or Regional fencing associations must be either registered fencers or honorary members according to the respective Constitutions.

6.3.1     The Executive Committee of the Association shall consist of the:

                        President.

                        Vice-President.

                        Secretary-General / Treasurer.

6.3.2     The Council shall consist of the following:

                        The 3 Members of the Executive Committee, plus

                        The chair-persons of the Affiliated Members, ie. Provinces or Regions.

6.3.3  At the General Meetings provision is made for the inclusion of Additional Members from the Affiliates (see article 13 below).

6.4        Honorary Officials:

The Association may create such honorary offices as it deems fit by means of a majority vote at a General Meeting. The Association may appoint people to these offices, on the understanding that any such appointment shall become final only after it is approved at an Annual General Meeting of the Association by a two-thirds (2/3) majority.

The following honorary officials may be selected:

*                       Patrons.

*                       Honorary Life Presidents.

*                       Honorary Vice Presidents.

*                       Honorary Life Members.

*                       Honorary Members.

Patrons, being honorary Members, shall be ex-officio members of all committees of SAAFA.

The Association may, in consideration of meritorious service to the Association over a long period of time appoint past or present officers of the Association as Honorary Life Presidents or Vice Presidents.

Honorary Life Membership may be conferred by the Association to persons who have rendered exceptional service to the Association over a long period of time.

Such appointments shall entitle those persons to be present at and to participate in the deliberations of all meetings of the Association but shall not entitle them to vote thereat.

7.  AMATEURISM

7.1        Definition of an Amateur.

An amateur is a person who:

(1) in all respects complies with the rules of amateurism laid down in the Statutes of the Fédération Internationale d'Escrime for the time being in force (see Annexure "B");

(2) having forfeited his amateur status is reinstated as an amateur pursuant to article 7.2 (see below) of this Constitution; or

(3) receives financial remuneration for practicing sport other than fencing, but who in all other respects complies with the rules of amateurism as laid down in the Statutes of the Fédération Internationale d'Escrime.

7.2        Reinstatement as an Amateur.

The Executive Committee shall have the power, in its absolute discretion, to reinstate any persons who may have forfeited their amateur status, or who may have been disqualified, suspended or otherwise dealt with, within the meaning of this Constitution.

8.  NON-CITIZENSHIP.

Any person in possession of a Permanent Residence Permit can compete in the Provincial or Regional championships immediately after his/her arrival in the Province or Region of residence, and after being accepted as a member by that Provincial or Regional Association.

Should that fencer be eligible according to the guidelines set out by the Association for participation in the National Senior or Junior Fencing championships, then that person can compete at the National Championships.

Any person in possession of a Temporary Work/Residence Permit can compete in Provincial, Regional or National Fencing Championships only after being resident in South Africa for a continuous period of SIX months prior to a particular event.

A fencer from another country who has represented that country at an international competition sponsored by the FIE will only be eligible to represent South Africa after an interval of three years from when he acquired South African citizenship. However, a fencer who acquires South African nationality as a result of marriage will be eligible to fence for South Africa immediately.

See FIE regulations re Nationality: Annexure "C" ("FENCERS' NATIONALITY")

9.  CONTROL.

9.1     The control of the Association shall be vested in an Executive Committee consisting of a President, a Vice President, and a Secretary-General / Treasurer. The Executive is advised by and is answerable to the Council of the SAAFA.

9.2     The President is Chairman of the Council, and chairs the General Meetings. His responsibilities concern the broad national and international aspects of fencing, including:

        liaison with the National Olympic Committee, the National Sports Council, the African Fencing Confederation, the Commonwealth Fencing Federation and the Fédération Internationale d’Escrime;

        co-ordination of contacts with International Federations with respect to Olympic Games, World Championships, Regional Championships and visits by fencers to or from foreign lands.