Additions and Amendments to the Articles – Effective 01 February 2014

Posted in Additions & Amendments

                  ADDITIONS AND AMENDMENTS             

TO

THE ARTICLES OF THE CONSTITUTION

Circulated to Affiliated Clubs on 10.09.2013

As provided for in Article 40 notice is hereby given of amendments and additions to the Articles of the Constitution of the Kennel Union of Southern Africa.
At a Special Meeting held on 07th August 2013 the Federal Council agreed to the amendments, which are listed below, to become effective on 1st February 2014. Clubs are reminded that in terms of Article 40.2, Affiliated Clubs have the right to object to any proposed amendment or part thereof to the Articles.
Any objections should be lodged with the Secretary no later than 30th November 2013.

N.B.: The references refer to the Constitution on the KUSA website (www.kusa.co.za).

Article 5 – Composition
Amend to read:
5.1    The Kennel Union shall consist of all affiliated Clubs, elected members and of such other Clubs, and members elected from time to time.
5.2.1    The Kennel Union may have a Patron (who shall remain in office at pleasure), Life Members and Life Vice-Presidents and Vice-Presidents, and shall have a President, a Chairman of the Federal Council and a stipendiary General Manager
5.2.1.1    The terms and conditions of service of any person appointed General Manager shall be determined by the Federal Council.
5.2.1.2    The General Manager may not be a member of the Federal Council.
5.2.1.3    The General Manager shall recuse himself from that part of any meeting where his terms and conditions of service or performance are tabled or are discussed.
5.2.2    The President, the Chairman of the Federal Council and Vice-Presidents shall retire quadrennially but shall be eligible for re-election.
5.2.3    The Chairman of the Federal Council for the time being shall be the Trustee of the Kennel Union.
5.2.4    The Federal Council any Provincial, Breed or Liaison Council and any Standing, Permanent, Special, Review, Investigatory Committee or Sub-Committee thereof shall consist of current members in good standing of the Kennel Union.

Article 14 – Federal Council Membership
Amend to read:
14.1    The Federal Council shall consist of:
The Chairman of the Federal Council.
The Chairmen of the Provincial Councils, and the Vice-Chairman of the District of Gauteng & Surrounds Provincial Council, (the Provincial Council Members established in terms of Article 20 of the Constitution), and the Chairman of the Executive Committee. The Executive Committee shall not exceed in number the total number of the Provincial Council Members at any given time, all of whom shall be Members in good standing of the Kennel Union.
14.2    The Provincial Council Chairmen and, in the case of the District of Gauteng and Surrounds, the Chairman and the Vice-Chairman, shall be those persons elected at the first meeting in the alternate financial years of each Provincial Council, in terms of Article 11.2 of the Provincial Council Constitution.  Should it be necessary, in exceptional circumstances, for a Provincial Council member of the Federal Council to absent himself from any meeting of the Federal Council, he shall notify the Chairman of the Federal Council who may permit the Vice-Chairman of that Provincial Council to take his place, and in the case of the District of Gauteng and Surrounds, the duly elected primary and secondary substitutes to take his/their place/s.
14.3    The Provincial Councils shall comprise:
Eastern Cape and Border
Free State (inclusive of Northern Cape)
Kwa-Zulu Natal
District of Gauteng & Surrounds
Western Cape (inclusive of Boland and Southern Cape)
Northern Areas
and such additional Provincial Councils approved by FEDCO/KUSA from time to time in accordance with the Articles and Constitution of KUSA.
14.4    On assuming office, the Chairman of the Federal Council shall instruct the Chairman of each Province and the Vice-Chairman of DOGSPC to obtain, within sixty (60) days of the receipt of such instructions, the name and written acceptance of a nominee elected by the Provincial Council to sit on the Executive Committee. If for whatever reason, nominations cannot be finalized within the 60 day period, the Federal Council shall carry out the duties of the Executive Committee wherever the Chairman of the Federal Council deems it necessary for the continuation of the efficient running of KUSA affairs. Such nominee shall remain in Office until the termination of the period of office of the Chairman of the Federal Council provided that the appointment is acceptable to all the Provincial Council Chairman of the Federal Council. Further, nothing herein shall preclude the Chairman of the Federal Council from removing from Office any member of the Executive Committee at any time subject to confirmation of the Federal Council. Such members of the Executive Committee who terminate their period of office with the Chairman of the Federal Council shall be eligible for re-appointment.  Should, for any reason a member of the Executive Committee not be able to continue in Office a new Provincial nominee shall be appointed following the procedure detailed above. The Executive Committee shall from amongst themselves elect a Chairman and a Vice-Chairman. The Chairman shall represent the Committee at the Federal Council Meetings. In the absence of the Chairman the Vice-Chairman shall represent the Committee.
14.5    The Provincial Council Chairmen and Vice-Chairman of the District of Gauteng and Surrounds members of the Federal Council shall submit to the Secretary nominations for the offices of President and of Chairman of the Federal Council which shall be placed on the Agenda for the last Federal Council meeting to be held in the fourth year of the terms of office of the current President and Chairman of the Federal Council.

Article 16 – Federal Council – Meetings and Proceedings
Amend to read:
16.1    The Federal Council shall hold a minimum of two (2) ordinary Council meetings per annum, one (1) of which shall be in December, held between the fifteenth (15th) day of November and the fourteenth (14th) day of December in any calendar year. Ordinary and Special Council meetings shall be convened by the Secretary upon requisition by not less than (3) Provincial Council Chairmen members, the Federal Council or by the Executive Committee and twenty-eight days’ notice of any ordinary or special Council meeting shall be given to every Councillor stating the Agenda for such meeting.
16.2    At the last ordinary meeting in each calendar year held under the provisions of paragraph 16.1, in addition to any other business:
16.2.1    The Chairman of the Federal Council shall give his annual report and the Secretary shall table and the Federal Council shall consider the Audited Balance Sheet and Accounts for the year ended 31 August and the Auditor’s Report and the Federal Council shall elect an Auditor for the current year.
16.2.1.1Should the Chairman of the Federal Council resign, become ineligible to continue in Office in Terms of Article 15, become permanently incapacitated or die in Office, the Provincial Council Chairmen shall within sixty (60) days of such event elect a person to be Chairman of the Federal Council for the remaining period of the Chairman of the Federal Council’s term of Office. Until such election takes place the Vice-Chairman of the Federal Council assumes the duties of the Chairman of the Federal Council. Should the Vice-Chairman of the Federal Council resign, become ineligible to continue in the office in terms of Article 15, become permanently disabled or die in Office, the Federal Councillors shall within sixty (60) days elect from their number a person to serve as Vice-Chairman of the Federal Council for the remaining period of the Vice-Chairman’s term of Office.  Should a member of the Executive Committee appointed in terms of Article 14.4 resign, become ineligible to serve in terms of Article 15, become permanently incapacitated or die in Office the Chairman of the Federal Council may nominate to the Federal Council the name of a person to become a member of the Executive Committee for the remaining period of Office of that member of the Executive Committee.
16.2.2    Where appropriate and necessary under the provisions of Article 5.2:
16.2.2.1 the Provincial Council members of the Federal Council shall elect a President and a Chairman of the Federal Council on termination of their fourth year in office.
16.2.2.2 the Federal Council shall elect from their number a Vice-Chairman who shall remain in office for a term of two (2) years
16.2.2.3 the Federal Council shall elect a Patron; Life Members; Life Vice-Presidents; and any Vice-Presidents on termination of their fourth year in office.
16.2.3    The Federal Council shall appoint sub-committees and in addition shall have the power to fill any casual vacancy on the Executive Committee provided the Councillor so co-opted is acceptable to the majority of the Provincial Council Members. In respect of the Disciplinary Sub Committee, the Federal Council shall nominate at least three (3) members of the Federal Council, who shall act as an Appeals Committee on behalf of the Federal Council to consider the written decisions on complaints, any penalties imposed by the Disciplinary Sub Committee and any notices of appeal which may have been lodged in terms of the Disciplinary Rules, Schedule 1, Rule 12.
16.2.4    At any meeting of the Federal Council or the Executive Committee, the respective Vice-Chairman may act for the Chairman in his absence. If both the Chairman and Vice-Chairman are absent the members present shall appoint from among their number, a member to preside at such meeting and the person so appointed shall exercise the powers and functions which could have been exercised by the Chairman, if present.
16.3    Every Councillor when present at a meeting of the Federal Council shall be entitled to one (1) vote and he may record his vote, or abstain from voting, upon every decision or matter calling for a vote and in the event of equality of votes cast for and against any proposal, the Chairman of the meeting shall be entitled to exercise a casting vote in addition to his deliberate vote.
16.3.1    In the matter of any decisions taken by the Federal Council in relation to the Chief Executive Officer where the President and Chief Executive Officer are one and the same person and, in the position of the President or Chairman of a meeting, he shall no longer have a casting in addition to a deliberative vote.
16.4    The Secretary shall keep or cause to be kept minutes of all Federal Council and Executive Committee meetings and of all meetings held by any further committees of the Federal Council.
16.5    The Chairman of the Federal Council’s Annual Report, the Audited Balance Sheet and Accounts, the Auditor’s Report and Minutes of all Federal Council Meetings shall be transmitted to all Affiliated Clubs as soon as convenient.
16.6    The Federal Council shall have power to regulate its own procedure for the conduct of its meetings and of meetings of its committees and for the better conduct thereof to frame and adopt By-Laws for such purposes.

Article 17 – Federal Council – Quorum and Vacancies
Amend to read:
17.1    At any meeting of the Federal Council, the Chairman of the Federal Council (or the Vice-Chairman in his absence), plus four (4) Councillors, of whom at least two (2) shall be Provincial Council Chairmen, shall form a quorum.
17.2    In the event of any Councillor absenting himself for two (2) consecutive meetings without permission of the Chairman of the Federal Council, he shall cease ipso facto to be a Councillor, and if a Provincial Council Chairman or Vice-Chairman, the Provincial Council which he represents shall forthwith proceed to elect a new Chairman or Vice-Chairman and if a member of the Executive Committee a new member of the Executive Committee shall be nominated and put forward for acceptance as per procedure in Art 14.4.

Article 19 – Review and Investigatory Sub – Committees
Amend to read:
Having informed the Federal Council, the Chairman of the Federal Council shall have the power to establish and appoint Review and Investigatory Sub-Committees for the purpose of dealing specifically with events, procedures or the viability of future proposals. The Chairman, membership and scope of such Sub-Committee shall be given in writing by the Chairman of the Federal Council to whom the Committee Chairman shall report. Whenever a Special Disciplinary Sub-Committee is established in terms of this Article, the provisions of Schedule 1 will apply.


As various amendments become effective the documents displayed on the KUSA website will be altered accordingly.

These documents may be downloaded for free.