Chapter 1: Statutes

The geographical area of the Tenpin Bowling Association of South Africa (TBASA) shall include all Member associations and associated Members sponsoring or conducting tenpin bowling in South Africa.

1.1

Name and Office

1.1.1

This organisation shall be known as the Tenpin Bowling Association of South Africa, hereinafter referred to as TBASA.

1.1.2

Its main office shall be established in the city where the President resides unless provided otherwise by its Executive Council.

1.2

Definitions

1.2.1

‘Constitution’ shall mean this Constitution, its provisions, the Appendix hereto, Bye-Laws, and due decisions and /or orders arising there-from, as amended from time to time.

1.2.2

‘Members’ shall mean the Affiliated, Associated and Individual Members of TBASA, the individual members of such Affiliate Members, Honorary and Life Members unless otherwise stated.

1.2.3

‘Tournament’ means competition, event, meeting, camp, clinic, tour or the like.

1.2.4

‘Code of Conduct, means the Code of Conduct, as amended from time to time, as set out in Appendix III hereto.

1.2.5

‘Disciplinary enquiry’ shall mean a disciplinary enquiry, investigation, hearing or the like.

1.2.6

‘Drug/s’ shall mean any substance/s, method and/or provision regulated in accordance with the World Anti Doping Agency (WADA) Doping Control Programme.

1.3

Affiliation and Membership

1.3.1

TBASA will be affiliated to:

1.3.1.1

The Fédération Internationale des Quilleurs (FIQ) which was founded in Hamburg, Germany on 27 January 1952 with the purpose to foster worldwide interest in amateur tenpin and ninepin bowling.

1.3.1.2

The World Tenpin Bowling Association (WTBA)

1.3.1.3

The European Tenpin Bowling Federation (ETBF)

1.3.1.4

The South Africa Sports Confederation and Olympic Committee (SASCOC).

1.3.1.5

The Commonwealth Tenpin Bowling Federation (CWTBF)

1.3.1.6

TBASA is registered with the Department of Sport (SRSA) as a National Federation and the South African Revenue Services (SARS) as a Public Benefit Organisation.

1.4

Objectives

1.4.1

To encourage the development of tenpin bowling throughout the TBASA geographical area.

1.4.2

To establish rules for the TBASA activities and make sure they are not contradictory to FIQ, WTBA and ETBF regulations.

1.4.3

To maintain an efficient communication system within the TBASA organisation.

1.4.4

To support and encourage Affiliated and Associated Members in their efforts to develop and promote tenpin bowling within the respective regions.

1.4.5

To conduct South Africa tenpin bowling championships for adult and youth members of the TBASA Members.

1.4.6

To promote international competition in tenpin bowling within the TBASA geographical area, especially those events anticipating entries from different countries.

1.4.7

To establish prerequisite conditions for conducting championships and international tournaments in accordance with the rules established by the ETBF and WTBA Congresses.

1.4.8

To contribute to the development of tenpin bowling worldwide through the TBASA representatives of the ETBF, WTBA and FIQ Presidia.

1.4.9

To support the efforts of the ETBF, WTBA and FIQ to get tenpin bowling accepted as a fully recognized athletic competition in the Olympic Games.

1.4.10

To maintain a financial structure, which guarantees the continued existence of the organisation.

1.5

Official Language

1.5.1

The official language of TBASA shall be English. A Member shall have the right to bring an interpreter to meetings at its own cost.

1.5.2

Words in the singular shall include the plural, words in the plural shall include the singular; words of the masculine, feminine or neutral gender shall include any gender, except in the specification of a competition being for male or female competitors; and correction of any manifestly evident typographic errors shall be made

1.6

Membership

1.6.1

Affiliated Member

1.6.1.1

A bona fide body, on either a regional or other basis shall be eligible for membership of, and affiliation to, TBASA, as an Affiliated Member.

1.6.1.2

All applications for Affiliate Membership of TBASA shall be made in writing to the Secretary, and must be accompanied by the prescribed application fee (which shall be refunded if the application should not be approved), together with a copy of the constitution and rules of the applicant, and any other information that TBASA may require in support of the application

1.6.1.3

Such applications shall be considered at a Congress Meeting of TBASA and may be accepted only if passed by a two-thirds majority of those present and eligible to vote.

1.6.1.4

The prescribed application fee for intended Affiliated Members shall be determined by the Executive Council of TBASA, and advised annually at its Congress.

1.6.1.5

Each Affiliated Member shall acknowledge in its Constitution and Rules, that TBASA is the only recognized body in the Republic of South Africa that governs the sport of tenpin bowling, and that it is bound by the provisions of the Constitution of TBASA.

1.6.1.6

Affiliated Members shall provide TBASA with a copy of their Constitution.

1.6.1.7

No Affiliated Member or individual member of an Affiliated Member may sit on any Committee, Executive or Council, or act as an official at or take part in any competition, whilst under sentence of disqualification or suspension for any offence committed by him.

1.6.1.8

All Associated Members must register with the Affiliate Member in whose area of jurisdiction they are situated.

1.6.1.9

All Affiliated Members are directed to align their financial periods the same as that of TBASA, financial year ending the 31^st December of each year.

1.6.1.10

Affiliated Members must forward their Annual Report to the Secretary not later than the 31st of May of each year and the Financial Statements, duly audited, to TBASA by not later than 28^th March of each year. TBASA may call on any Affiliated Member to forward such documents, books and statements as may be deemed necessary and expedient, at any time. Failure to comply with such demands shall render the offender liable to such penalty as TBASA Management Committee may determine.

1.6.1.11

TBASA Management Committee shall have the power to suspend and/or expel an Affiliated Member for violation of this Constitution and/or Bye-Laws and/or Rules. The respective Member is allowed to appeal this decision as set out in this Constitution to the Executive Council. During the period of suspension and/or expulsion from Membership, the Affiliated Member, and its individual members, will not be able to participate in any of the activities of TBASA and its Members.

1.6.1.12

In the interest of the sport, TBASA will recognize specialized organisations from within their members, correctly structured, and having common acceptable objectives to TBASA, such as a Coaches Association, Officials Association, Players’ Association, etc.

1.6.1.13

Affiliated Members must allow and support the formation of such Associations/Organisations from their members.

1.6.1.14

These Affiliated Member Organisations may establish a national organisation with permission from TBASA.

1.6.1.15

All such Organisations will adopt the Code of Conduct of TBASA through their individual membership.

1.6.2

Associated Members

1.6.2.1

Applications for Associate Membership of TBASA shall be made in writing to the Secretary of TBASA, together with a copy of the constitution, code of ethics, and rules of the applicant, and any other information that may pertain or that TBASA may require in support of the application.

1.6.2.2

TBASA, in a Congress Meeting, may admit other national organisations with tenpin bowling interests, as Associated Members.

1.6.2.3

TBASA, in a Congress Meeting, may admit clubs with tenpin bowling interests, as Associated Members.

1.6.2.4

Each Associated Member shall be entitled to two representatives who may attend Congress Meetings of TBASA. These representatives may enter into discussion on matters relevant to the affairs of their Association/Club, but shall have no vote at such meetings.

1.6.2.5

Each Associated Member shall acknowledge in its constitution and rules, that TBASA is the only recognized body in South Africa which governs the tenpin bowling, and that it is bound by the provisions of the Constitution of TBASA.

1.6.2.6

The Constitution and rules of an Associated Member must not be in conflict with those of TBASA. In the event of such conflict arising, the Associated Member agrees that the provision of the TBASA Constitution shall super-cede that of the Associate Member.

1.6.3

Individual Members

1.6.3.1

All individual members of Affiliated and Associated Members shall automatically become Members of TBASA on registering with a club.

1.6.3.2

Each individual member acknowledges that TBASA is the only recognized body in South Africa which governs the sport of tenpin bowling and that he is bound by the provisions of the Constitution of TBASA.

1.6.3.3

The individual member will be bound by the TBASA Code of conduct

1.6.3.4

Only individual members registered with an Affiliated and Associated Member will be allowed to compete or officiate in competitions recognized by TBASA or its Affiliated Members

1.6.3.5

Any individual member participating in any competition falling under the jurisdiction of either TBASA or its Members, shall be deemed to be an individual member, and shall be bound by the duties and obligation of a Member, notwithstanding the fact that his membership has not been registered with an Affiliate and/or Associated Member. Such individual member shall be bound by the duties and obligations required of a registered individual Member, and of the jurisdiction of TBASA over him, yet shall draw no benefits from such deemed membership until he is officially registered with TBASA through an Affiliated or Associated Member.

1.6.3.6

If an individual member transfers from one club to another club in a different Affiliate, the transfer is only completed once the transferring Associated Member approves and the transferring Affiliate Member approves the transfer, and TBASA is informed accordingly. This transfer must happen by 1 April of each year.

1.6.3.7

No transfer is necessary if an individual member has not been registered with a club for a period of one calendar year.

1.6.4

Life Members

1.6.4.1

TBASA, in a Congress Meeting, passed by a two-thirds majority of those present and eligible to vote, may elect Life Members who shall have been duly nominated by Affiliated or Associated Members.

1.6.4.2

Life Members may attend Congress Meetings of TBASA and enter into discussions, but shall have no vote at such meetings.

1.6.4.3

Life Members are not subject to any fees.

1.7

Fees

1.7.1

TBASA’s financial year shall extend from 1 January to 31 December.

1.7.2

The annual fees payable by all Members shall be determined by TBASA Congress prior to the commencement of the forthcoming season.

1.7.3

Annual Subscription for Affiliated and Associated members

1.7.3.1

The annual subscription due by all Members shall be payable not later than 28^th of February in each year.

1.7.3.2

Affiliated membership shall include all regional member associations within the TBASA geographical area.

1.7.3.3

Associated membership shall include all clubs within the Regional associations as established by TBASA. Associated membership shall also include all specialised associations as acknowledged by SASCOC (e.g. SAMSA, Transplant Games Association, etc)

1.7.3.4

Should any Member be more than two months in arrears with its annual subscription (the defaulting Member), its delegate or delegates shall not have the right to attend any meeting of TBASA and all rights and privileges arising from its Membership of TBASA shall be suspended until all arrears due to TBASA shall have been paid.

1.7.3.5

The defaulting Member shall, notwithstanding a foregoing suspension of rights and privileges, continue to remain liable to TBASA for the fulfillment of all its obligations and pay penalties as determined by the TBASA Congress.

1.7.3.6

Notwithstanding anything herein before contained, a Member which fails to pay its annual subscription by 28 February following the season for which the subscription was due, shall, ipso facto, be removed from Membership and may only be re-admitted if the Member makes an application to TBASA for reinstatement, which shall not be considered until the applicant shall have made payment of all arrear and current amounts owed by it to TBASA.

1.7.3.7

Any Member who may want to withdraw its affiliation from TBASA shall give written notice thereof to the Secretary advising from which date the withdrawal will become effective. The membership ends immediately, but no refunds of fees will be made.

1.7.3.8

The TBASA Management Committee shall have the power to suspend and/or expel a Member for violation of this Constitution and/or Byelaws and/or Rules. The respective Member is allowed to appeal this decision as set out in this Constitution.

1.7.3.9

During the period of suspension and/or expulsion from Membership, the Member, and its individual members, will not be able to participate in any of the activities of TBASA and its members.

1.8

Rights of the members

1.8.1

To take part in TBASA meetings in accordance with the stipulations, propose motions and make election proposals. Each Affiliated Member has one vote at the TBASA Congress. Associated and Individual members may voice but not vote at a TBASA Congress.

1.8.2

To take part in all TBASA activities with equal rights.

1.8.3

To appeal to the TBASA Executive Council in cases of disputes between Members.

1.8.4

To receive current information about important proceedings within TBASA.

1.9

Obligations of the members

1.9.1

To adhere to the TBASA Statutes, the decisions taken by the TBASA Executive Council and any rules and regulations resulting there from.

1.9.2

To formulate their own statutes in such a way that they are not in contradiction with the TBASA Statutes and to adopt a regulation which subjects each of their individual members to the jurisdiction of TBASA.

1.9.3

To adhere to recognized sport principles and good sportsmanship at club, provincial, national and international events.

1.9.4

To submit immediately the fees, which have been stipulated by TBASA in order to be eligible to vote at the TBASA Congress or participate in tournaments conducted by TBASA or its Members.

1.9.5

To supply immediately such information as may be required by the TBASA.

1.10

Organisational structure

The decision-making structures of TBASA are:

1.10.1

In urgent matters, on which a decision cannot wait until the next Congress, the TBASA Executive Council may circulate the motion to the member associations and ask for an e-mail ballot.

1.10.2

The quorum for an e-mail ballot shall be the same as for a Congress. If any member fails to vote within the prescribed time limit, they shall be deemed as not being present.

1.10.3

Unless otherwise specified when a motion is presented, simple majority shall determine the decision. An abstention does not count as a vote delivered.

1.10.4

Soonest possible after the deadline has passed, the Secretary shall advise all members of the outcome of the ballot. The result of e-mail ballots shall be binding to all Members.

1.11

Congress

1.11.1

Legislative Authority

1.11.1.1

The Congress shall be composed of delegates from each of the TBASA Affiliated Members and Associated members and comprise the legislative and policy making body of TBASA.

1.11.1.2

Its decisions shall be binding on all Members and can be altered only by the Congress.

1.11.1.3

The authority of the Congress (and thus that of the TBASA) does not extend to the internal affairs of any Affiliated and/or Associated Member.

1.11.2

Member representation, Voting Rights, Delegates

1.11.2.1

An Affiliated Member may be represented at a TBASA Congress by a maximum of three delegates, only one of whom shall have voting rights.

1.11.2.2

The voting delegate shall retain the voting status until the next Congress, or until a successor is duly appointed by the respective Member.

1.11.2.3

Associated members may be represented at a TBASA Congress by a maximum of one delegate and may voice but not vote.

1.11.2.4

The names of the delegates must be submitted in writing, stating the name of the Member they represent and signed by an authorised officer of the Member.

1.11.2.5

A voting Member, who cannot be represented at the Congress, may give its proxy to another voting Member. Each Member shall be eligible to vote only one proxy. In all cases, the written proxy authority must be submitted to the TBASA President in the presence of the Congress for validation, before the proxy can be exercised. Such proxy must be submitted in writing stating the name of the voting Member to whom the vote is to be transferred and signed by an authorised officer of the Member.

1.11.2.6

Members must be current in their TBASA fees to be eligible for voice or vote.

1.11.2.7

A quorum shall be at least one third of Members eligible to vote, including proxy votes.

1.11.2.8

Voting at each Congress shall be on the basis of one open vote per Affiliated Member unless the delegates by simple majority vote request a secret ballot. Where a tie exists the motion shall be rejected. If, however, a tie exists in the case of elections, the chairman shall call for a second vote and if a tie still exists the Congress shall decide the procedure. However, provisional and associate members do not have the right to vote at the TBASA Congress.

1.11.2.9

1.11.2.10

Guests may participate in the proceedings only at the invitation of the President or upon the majority approval by the Congress.

1.11.3

Meetings

1.11.3.1

The TBASA Ordinary Congress shall be held every two years.

1.11.3.2

An Extraordinary Congress shall be convened when called for by

1.11.3.2.1

The Ordinary Congress

1.11.3.2.2

The President

1.11.3.2.3

The President on a written request from at least one-third (1/3) of the Affiliated Members.

1.11.3.3

The invitation to the Congress shall be sent to the mailing address of each Member at least three months prior to the date of the meeting.

1.11.3.4

Proposals from the Members to be debated and voted upon at the Congress shall be received by the President at least two months prior to the date of the meeting.

1.11.3.5

The agenda and proposals from the Members shall be sent to the Members at least three clear weeks prior to the date of the meeting

1.11.3.6

The agenda for the Ordinary Congress shall include the following:

1.11.3.6.1

Opening of Congress

1.11.3.6.2

Roll call, validation of proxies and determination of voting rights

1.11.3.6.3

Appointment of chairman and secretary of the Congress

1.11.3.6.4

Adoption of minutes of the previous Congress and dealing with matters arising there from

1.11.3.6.5

President’s report covering the foregoing two business years

1.11.3.6.6

Financial report covering the foregoing two business years

1.11.3.6.7

Auditors' report

1.11.3.6.8

Dealing with matters arising from the presented reports

1.11.3.6.9

Legislative session

-      Elections (where applicable)

o    President

o    TBASA Management Committee members

o    One auditor and One substitute

-      Establishment of fees and budget

-      Plans and dates of coming TBASA Championships and meetings

1.11.3.6.10

New business (proposals)

1.11.3.6.11

Closing the meeting

1.11.4

Only proposals submitted in due time shall be considered unless the Congress decides by a two-third (2/3) majority that others warrant consideration for emergency reasons. At an Extraordinary Congress, however, only matters set out on the agenda shall be considered and voted upon.

1.11.5

Summary minutes of each TBASA Congress shall be prepared by the secretary for review and signed approval for distribution by the President within one month after which they are to be distributed to the Members.

1.11.6

All amendments adopted and new rules shall become effective as of 1 January of the next business year unless otherwise specified at the time of adoption.

1.12

TBASA Executive Council

1.12.1

1.12.2

The Executive Council will be the Monitoring and Appeal body of TBASA.

1.12.3

The Executive Council will meet at least once per year and twice in the year that there is no Congress. An email ballot also may be taken at the discretion of the President.

1.12.4

The Executive Council members may attend meetings of the Management Committee in ex-officio capacity with voice but no vote.

1.12.5

Guests may participate in the meeting only at the invitation by the TBASA President and upon majority approval by the Executive Council.

1.12.6

Decisions of the Executive Council shall be by simple majority. If a tie exists the motion shall be rejected.

1.12.7

A quorum consists of six (6) members of the Executive Council provided that the President is present.

1.12.8

Members of the Executive Council shall not in any official capacity nor personally in any way become financially involved in a firm producing or selling bowling equipment.

1.13

TBASA Management Committee

1.13.1

1.13.2

The Executive Council members may attend meetings of the Management Committee in ex-officio capacity with voice but no vote.

1.13.3

Guests may participate in the meeting only at the invitation by the TBASA President and upon majority approval by the Management Committee.

1.13.4

Decisions of the Management Committee shall be by simple majority. If a tie exists the motion shall be rejected.

1.13.5

The Management Committee should meet at least once every three months and more frequently when deemed necessary by the President or at least by three members of the Management Committee. An email ballot also may be taken at the discretion of the President.

1.13.6

A quorum consists of four members of the Management Committee provided that the President is present.

1.13.7

Members of the Management Committee shall not in any official capacity nor personally in any way become financially involved in a firm producing or selling bowling equipment.

1.13.8

1.14

Management Committee Meetings

1.14.1

The President shall give at least one month's notice for a regular meeting to all members of the Management Committee and all Members. In emergency cases shorter notice may be acceptable.

1.14.2

Such notice shall specify the date, time and place of the proposed meeting and in addition it shall invite Members to submit proposals, which they wish to be considered by the Management Committee.

1.14.3

A secretary for the meeting shall be appointed by the President. The secretary shall prepare summary minutes for review and signed approval by the President or Chairman of the Day within two weeks after which they are distributed to the Management Committee members and Members.

1.15

Officers

1.15.1

1.15.2

1.15.3

1.15.4

1.15.5

1.15.6

1.16

Business year

The business year shall begin on 1 January and end on 31 December.

1.16.1

1.17

Rules against doping

1.17.1

When TBASA decides there will be doping control at its championships, all provisions of the WTBA Doping Control Manual will apply.

1.18

Amendments

1.18.1

1.19

Document control

This Chapter was adopted by the Congress in [place], South Africa on [date].

This Chapter was amended by the Congress in [place], South Africa on [date].