Constitution of HARARE BMX CLUB

Name #

The Club will be called Harare BMX Club, herein after referred to as “the Club”

Legal Status #

The Club is registered as a club with the National BMX Association, and Cycling Zimbabwe according to SI 342 of 1995, Sports and Recreation Commission (General) Regulations 1995, Section 4 (4). (Hereinafter referred to as the Regulations) and shall operate in terms of said Regulations, and the Sports and Recreation Commission Act – Act 15/1991, 22/2001 (s. 4) (herinafter called the Act). The objectives of the Club are set out in Paragraph 7 below.

Headquarters #

The headquarters of the Club shall be at the Ron van Rooyen BMX Track, situated at The Chase, Groombridge, Harare.

Affiliations #

The Club is affiliated to, and will abide by, the Rules and Regulations of Cycling Zimbabwe (CZ) and the National Association of BMX in Zimbabwe (NBMXA), hereinafter referred to as “National Body” and will ensure that Club members are represented at CZ and National Body level. The Club may also affiliate to any other local or regional sports organisation that is considered likely to further the interests of the Club.

Governance #

The affairs of the Club shall be governed by this constitution, and managed by a Committee constituted and elected in accordance with Section 8.1 below.

The Purposes of the Club #

The purpose/objectives of the Club are to:

Organise and promote BMX racing in Harare.
Provide a suitable and safe environment for BMX riding and racing.
Encourage and support the coaching and development of BMX riders, coaches and officials
Promote and assist the creation and development of new and existing BMX clubs within Harare
Encourage new riders, especially young riders, to take up off-road cycling
Co-operate with the National BMX Association and Cycling Zimbabwe and their affiliates to promote and develop cycling as a healthy and worthwhile sport and pastime

Membership #

In accordance with Section 5(1) of the Regulations, membership of the Club shall be open, on application, to anyone interested in the sport of BMX racing, who identifies with the objectives of the Club and is prepared to pay the required membership fees. This policy shall apply to all, regardless of gender, age, disability, ethnicity, nationality, religious or other beliefs.
Since most members are minors, they will be represented in dealings with the Club and at Club meetings by a parent.
The Club may have different classes of membership and subscription on a fair and non-discriminatory basis. The Committee will endeavour to keep subscriptions at levels that will not pose a significant obstacle to wide membership.
Unless waived, members shall pay a monthly subscription, as determined, from time to time, by the Club Committee. Subscriptions shall be due on the 1^st of each month. In the event of subs being unpaid for 3 months, membership shall lapse. Persons wishing to re-join must make good any subs previously unpaid up until the time membership lapsed.
A “Member in Good Standing” is defined as one whose subscriptions are up to date as defined in Paragraph 7.3, and who has not been suspended or barred from membership as described in Paragraph 7.10. All references to “a member” in this Constitution are considered to refer to a “Member in Good Standing”.
The Committee may, at its discretion, waive an individual’s subscription, completely or in part. This waiver shall last only as long as the Committee shall decide and confers no entitlement to continued or future waivers. Such individuals are considered to be full Club members with all rights and obligations attached thereto.
Day membership will be available for individuals who are non-members at a fee determined from time to time by the Club Committee. Such individuals will be eligible to participate in all Club organised racing, but not to accrue points towards Club awards or prizes.
Members wishing to compete in Provincial or National competitions, or to compete internationally must be in good standing with the Club and have the relevant CZ licence as prescribed by NBMXA.
Members are expected to behave in a sporting manner and not to engage in any activity or behaviour that is likely to bring the Club or the sport of BMX into disrepute. Further information regarding the standards expected are provided in the Club Members Handbook, which may be used as a guide in any disciplinary proceedings.
Due to the nature of the sport and the young age of many riders, parents are expected to set good example and adhere to the same behaviour code as riders. Where deemed necessary, parents will be subject to the Club’s disciplinary procedures.
The Club Committee may refuse, suspend or remove membership, only for good cause such as conduct or character likely to bring the Club or sport into disrepute. This applies equally to riding members and to parents of members.. Appeal against refusal, suspension or removal of membership may be made to a panel consisting of club members, appointed by the Committee. Further appeal, if necessary, may be made to the NBMXA, and subsequently to the Board of the SRC, in terms of Sections 5(3) and 5(5) of the Regulations

The Club Committee #

Subject to these Rules, the Club Committee (the Committee) shall be responsible for the management of the Club, its funds, property and affairs.

Election/Removal of Office Bearers #

Committee members shall be elected at the AGM and shall hold office for a period of 1 year or until the next AGM whichever is earlier.
Any person who is a paid-up member, or whose child is a paid-up member of the Club is eligible to stand for election to the Committee.
Nominations for Committee members must be submitted in writing to the Secretary, signed by 2 Club members and by the nominee. These must be received at least 48 hours in advance of the relevant AGM or SGM.
A member nominated for Club Chairman should be prepared to give a short statement to members outlining his/her plans for the Club if elected. This will normally be done at the AGM, but may be circulated electronically in advance if desired.
A Committee member may be re-elected or co-opted without limit.
A Committee member ceases to be such if he (or his child) ceases to be a member of the Club, resigns by written notice, is removed by the Committee for good cause and after due process or is removed by club members at a general meeting.
When a Committee member ceases to be such, for whatever reason, he may be replaced by another volunteer as determined by the Committee Chairman on the advice of remaining Committee members.
The Chairman of the Committee may be challenged by (an)other Committee member(s) tabling a “Vote of No Confidence”. If this is carried at a Committee meeting, a SGM shall be convened, following the procedure in Paragraphs 10.1.5 and 10.1.7 below.
The agenda for this meeting shall have two items only:
1. Vote of no confidence in the Chairman
2. Election of new Committee (as required)
3. Two thirds (66%) of votes cast must be in favour if the resolution is to be carried.
4. A Club member may table a “Vote of No Confidence” in either the Chairman or the Committee as a whole, by gathering the signatures of more than 50% of Club members in support of the motion. These signatures must then be submitted to the Secretary who will arrange for an SGM following the procedure in Paragraphs 10.1.5 and 10.1.7 below.

The agenda and voting requirement shall be as in Paragraphs 8.1.8.1 and 8.1.8.2 above.

Composition #

The Committee shall consist of a minimum of 4 officers – Chairman, Vice-Chairman, Secretary and Treasurer – and not more than 8 additional members as decided by the core committee or at the AGM.
The following additional appointments are recommended – Club Coach, Points Officer, Riders’ Representative, Public Relations/Fundraising and Track and Facility Maintenance Coordinator.
The Committee shall be elected at the AGM in accordance with Paragraphs 8.1.3, 8.1.4, 2.3.7 and 10.2.3.8 below.
The Committee may co-opt club members (up to the maximum permitted number) to serve, in whatever role determined by the Committee, until the next AGM.
In special circumstances, a person, who is not a Club member, may, at the discretion of the Chairman, be co-opted onto the Committee by virtue of his expertise, or potential contribution to Club affairs.
The duties and responsibilities of each committee member are attached as Annex A and form part of this Constitution.

Committee Meetings #

The committee shall meet as often as required to discharge its responsibilities
A quorum shall consist of the Chairman/Vice-Chairman, Secretary/Treasurer and one other committee member. Where the treasurer is not present, an up-to-date financial statement must be available for consideration.
Members wishing to have a matter discussed at a Committee meeting must notify the Secretary who will make the necessary arrangements at the next suitable Committee meeting. At the Committee’s discretion, the member may or may not be required to attend the meeting.
Decisions at Committee meetings shall be by simple majority (50%+1) with a show of hands. If voting, the Chairman must cast his deliberative vote at the same time as other members. In the event of a tied vote, the Chairman/Vice-Chairman, whichever is in the Chair, shall have a casting vote.
Whenever a Committee member has a personal interest in a matter to be discussed, he/she must declare this prior to any discussion, must not be counted in the quorum for that agenda item, must withdraw during the vote and will have no vote on the matter concerned.
The Committee may delegate any of its functions to a sub-committee(s) but must clearly specify its membership; the scope of its activity and powers; the extent, if any, to which it can commit Club funds and its duty to report back to the Committee. The Committee may wind up any sub-committee at any time or change its mandate and operating terms
Any club member, in good standing, may attend committee or sub-committee meetings, but will have no speaking rights and no vote. The Chairman may, at his discretion, invite such a member to speak
The Secretary, of the committee or any sub-committee, will keep a record of meetings and will minute the proceedings. A copy of the minutes will be posted on the Club notice board within 7 days of a meeting, and club members will have a right to review previous minutes on reasonable request to the Chairman or Secretary.

Powers of the Committee #

The Club Committee is empowered to undertake any activity designed to further the purposes of the Club, provided the cost is $2,500 or less; if more than this amount, Club members must be notified in advance of any action or commitment.
The Committee may not sell or otherwise dispose of any Club asset(s) without notifying Club members in advance.
Any member objecting to the proposed expenditure or disposal referred to above, must inform the secretary within 48 hours of the above notice being given. If more than 50% of members object, the Chairman shall arrange, as per Section 10, for an SGM or EGM to discuss the matter.
The powers of the Committee shall include, but are not limited to the following. Inclusion in the list does not confer any obligation on the Committee.
Acquire, or otherwise provide, grounds, equipment, coaching, training and riding facilities, clubhouse, transport, storage, medical and other facilities necessary for the pursuance of the sport.
Take out any insurance for club, employees, contractors, riders, guests and third parties
Raise funds by appeals, subscriptions, loans and charges
Borrow money and give security for the same, and open bank accounts
Buy, lease or licence property
Make grants and loans and give guarantees
Set aside or apply funds for special purposes or as reserves
Deposit or invest funds in any lawful manner
Employ and engage staff and others and provide services
Co-operate with or affiliate to:
- Any body regulating or organising the sport
- Any registered club or body involved with the sport
- Government and related agencies
- Any other agency that may, in the opinion of the committee, assist in advancing the purposes of the Club.
None of the above powers may be used other than to advance the purposes for which the Club is established, consistently with the Rules herein and the general law.
The Committee will have due regard to the law on disability, discrimination and child protection.

Club Property #

The Club may acquire such assets, fixed and moveable, as the Committee deems necessary to further the purposes. A list of such assets will be maintained by the Treasurer.
The property and funds of the Club cannot be used for the direct or indirect private benefit of any individual other than as approved by the Committee.
The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, and reasonable event related expenses and refreshments as determined by the Committee.
The Club may also in connection with the sports purposes of the Club:
- Sell and supply food, non-alcoholic drinks and related sports clothing and equipment;
Employ members (though not for riding) and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present;
Pay for reasonable hospitality for visiting teams and guests;
Indemnify the Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (but only to the extent of its assets).

General Meetings #

The Committee Chairman shall arrange to hold an Annual General Meeting (AGM), as prescribed below. A Special General Meeting (SGM) may be arranged at the discretion of the Committee, or as requested, in writing, by 50% or more of Club members in good standing.

General Procedures #

Any member aged 16 or over, and in good standing, may attend, a general meeting of the Club.
Every member in good standing shall have one vote. A parent representing a member aged 17 or under shall have one vote per child member. Although both parents may attend, such representation shall be on the basis of one member, one vote, as per Paragraph 10.1.3.
To vote at a general meeting, a member must be in good standing and have been a Club member for a minimum of 3 months before the date of the meeting. If unable to attend in person a member may grant a proxy to another member in good standing, in accordance with Paragraph 10.1.15.
Notice for the AGM and an SGM must be given, in writing, a minimum of 14 days before the proposed date. Where an issue is urgent, the Chairman may call an Emergency General Meeting (EGM), giving members a minimum of 24 hours notice.
In the case of an AGM, the agenda shall comprise standing items as listed in Section 10.2.3. A member wishing to propose an agenda item must notify the secretary at least 7 days in advance of the meeting. The Secretary will circulate the final Agenda a minimum of 5 days prior to the meeting. Only in exceptional circumstances, and at the discretion of the Chair, will items be accepted under “Any Other Business”.
In the case of a SGM or EGM, the agenda or issue for discussion must accompany the notice of the meeting. Only in exceptional circumstances, and at the discretion of the Chair, will items be accepted under “Any Other Business” at a SGM.
Any notification in relation to a general meeting may be given electronically, but must also be posted on the Club noticeboard, as duly designated or generally accepted.
The Club Chairman or, in his absence, another member chosen at the meeting shall preside.
The quorum for a general meeting is 15 members or 50% of the total membership, whichever is the lesser number, present in person or by proxy.
If a quorum is not present, the meeting shall be postponed for 7 days and members notified of the new date. If a quorum is not present on the 2^nd date, the meeting shall proceed, provided that, at a minimum, the Chairman or Vice-Chairman, Secretary, Treasurer and 2 other members are present.
Except as otherwise provided in these Rules, every resolution shall be decided by a simple majority (50%+1) of the votes cast on a show of hands and including any proxy votes received as per Paragraph 10.1.12.
If the Committee feel the issue tabled is of sufficient importance or may have a major effect on the Club’s activities or liabilities, it may require that two-thirds (66%) of votes cast be in favour before any related resolution is adopted. Such a decision will be notified on the Agenda for the meeting.
If voting, the Chairman must cast his deliberative vote at the same time as other members. In the event of a tied vote, the Chairman shall have a casting vote.
Members not attending in person may grant a proxy vote to another member by notifying the Club secretary in writing and at least 48 hours before the meeting begins.

Annual General Meetings (AGM) #

The Club will hold an AGM once in every calendar year and, in any case, not more than 15 months after the last AGM.
The procedure for notifying members of an upcoming meeting is set out in Paragraphs 10.1.5 and 10.1.6.
The Agenda for an AGM shall include the following items:
Chairman’s opening remarks
Confirmation of Agenda
Apologies and Proxies
Minutes of previous AGM (and SGM if relevant)
The Club Committee Chairman’s Report on the Club’s activities since the previous AGM.
The Treasurer’s Report, including production of accounts of the Club for the previous financial year – deemed to be January-December.
Election of Core Committee: Chair, Vice-Chair, Treasurer and Secretary to serve until the next AGM.
Selection/election of other Committee members
Nomination of members for NBMXA Committee[2]
Other Agenda Items notified in accordance with Paragraph 10.1.6.
Exceptionally, Any Other Business

Disclosure #

Meetings #

- Any member in good standing may attend any Club meeting. At Committee meetings, the right to speak will be at the discretion of the Chairman, as per Paragraph 8.3.6.
- Minutes of general meetings and committee meetings will be posted on the Club notice board within 7 days of the meeting being held.

Accounts #

- Annual accounts will be prepared by the Treasurer in time for the AGM and will be circulated to the members with the final Agenda.
- At other times, accounts will be made available for inspection on request by any member in good standing, within a reasonable timeframe.

Club Recognition Award #

The Club may recognise any rider, administrator or organisation who, in the opinion of a majority of the Club Committee, has demonstrated exemplary performance on or off the track, or who has contributed exceptionally to the development or running of the Club or the sport of BMX in general.
The Award shall take the form of a certificate signed by the Club Chairman, and/or a small trophy, if the latter is within the financial means of the Club at the time of the award.
Any Club member, or parent, may make a nomination for the award, which must be accompanied by a written citation explaining the reason behind the nomination.
In the case of a rider, the following criteria will apply:
- Must have been a paid up member of the Club for a period of not less that 3 years
- Must have participated in a minimum of 75% of Club competitions over the previous 3 years. Exceptions will be made in the case of illness, injury or other events outside the rider’s control.
- Has demonstrated an above average level of commitment to the sport, taking age into account.
- Has demonstrated an exemplary degree of sportsmanship.
- Where age appropriate, has shown interest in and supported the development of other riders/Club members.
Where such a rider meets the additional criteria for National Awards, as per the NBMXA Constitution, the rider’s name shall be forwarded to the National Association for consideration for said award.
In the case of a non-rider or organisation, each case shall be considered, ad hominen, by the Club Committee.

Discipline and Complaints Procedure #

The Club shall not tolerate the physical or emotional abuse, harassment, discrimination or defamation of any of its members or officers by another member(s) at any time.
Any member, or parent, may be disciplined or excluded from the Club if his/her conduct has been, or is likely to be, prejudicial to the interests of the Club.
The Club adheres to a strict policy concerning the use and abuse of drugs, including alcohol. No rider or official may consume any drug, including alcohol, immediately before or during a race meeting or practice session. Any rider, official or spectator found to be under the influence of alcohol or any prohibited drug will be required to leave the track area and will be subject to disciplinary proceedings.
Any complaints regarding the behaviour of members should be detailed and submitted in writing to the Secretary – unless the complaint is against the Secretary, in which case the complaint should be presented in writing to the Chairman. It is the responsibility of the Secretary (or Chairman) to convene a disciplinary committee meeting in order to hear the complaint. The committee will, where necessary, appoint investigating officers (Club and/or committee members) to gather appropriate evidence to be presented at the hearing.
A Disciplinary Committee, comprising, at a minimum, the Vice-Chairman, Secretary and one other Committee member will meet to hear a complaint within 21 days of its being lodged. If the complaint is against the Secretary, another Committee member shall replace him. The Disciplinary Committee has the authority to take whatever disciplinary action it deems appropriate commensurate with the seriousness of the offence. A person subject to disciplinary action has the right of appeal to the full Committee, with the Club Chairman presiding. In accordance with Section 7(1) of the Regulations, this decision is final.

Amendments #

These Rules may be amended at a general meeting by the Committee or a member tabling a proposal in accordance with Paragraphs 10, 10.1.6 and 10.1.7 above. Two-thirds of the votes cast at the meeting, either AGM or SGM, will be required to pass any proposed amendment.

Winding Up #

The members may recommend the winding up the Club at an AGM or SGM, convened in accordance with the relevant sections of Paragraph 10, provided that two-thirds (66%) of votes cast are in favour.
The Committee will be responsible for notifying the National Association of this recommendation and winding up the affairs of the Club.
With the agreement of the National Association, and after settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
Another Club with similar sports purposes and which is run on a not-for-profit basis.
To the Club’s national governing body for use by them for related sports.

ANNEX A – Responsibilities of Committee Members #

Chairman and Vice Chairman #

The Chairman and Vice Chairman are responsible for overseeing the affairs of the Club, including but not limited to the following:

The Chairperson must preside at all general meetings and committee meetings. In his absence, the Vice-Chairperson will preside at the meeting. If the Chairperson and the Vice-Chairperson are both absent, the presiding member for that meeting will be:
1. A member elected by the other members present if it is a general meeting; or
2. A committee member elected by the other committee members present if it is a committee meeting.
Developing and overseeing the implementation of plans to grow the sport, widen participation and increase Club membership.
Developing plans for the maintenance, improvement and upgrading of the Club track and facility.
Liaising, as appropriate and necessary, with authorities, including Government, Local Council, sporting bodies and community organisations in order to further the aims the Club.
Working with the Public Relations / Fundraising Officer to maintain the public profile of the Club and to raise sponsorship funds.
Organising and overseeing Club coaches and coaching

Secretary #

The responsibilities and duties of the Secretary include but are not limited to:

Coordinating the correspondence of the Club
Ensuring minutes of all proceedings of general meetings and of committee meetings are kept in accordance with section 38 of the Act;
Maintaining a register of members
Have custody of all books, documents, records and registers of the Club, other than those in the custody of the Treasurer
Convening Club meetings including, but not limited to the AGM, any SGMs and any Disciplinary Committee meetings necessary.
Perform any other duties imposed by this Constitution on the Secretary.

Treasurer #

The responsibilities and duties of the Treasurer include but are not limited to:

Have custody of the club’s financial books and keep them up-to-date
Ensure all bills, and any fees or levies as required by the Regulations are paid in good time.
Keeping a proper record of all payments and monies received
Keep a register of assets of the Club.
Making sure financial reports are available and understood at all committee meetings
Ensuring that money received is banked and documentation provided for all money paid out
Ensuring that the Club accounts are audited in accordance with Sections 7(3) and 7(4) of the Regulations[3].
Giving a Treasurer’s report at regular meetings and when required
Produce an annual financial report
Send out accounts as required
Ensure that invoices are paid promptly

Points Officer #

The responsibilities and duties of the Points Officer include but are not limited to:

Registration of riders at race meetings and preparation of race and moto sheets.
Recording and maintaining a record of results of all race meetings, whether held at the Club or elsewhere.
Keeping a record of the Club’s trophies and their holders.
Provision of advice to members on licensing and race registration

Track and Facility Maintenance Coordinator #

The responsibilities and duties of the Track and Facility Maintenance Coordinator include but are not limited to:

Maintain and repair the track, surrounds, lighting, speakers, fencing, locks and amenities including the club-house, tuck shop, first aid kit etc.
Maintain the condition of and coordinate repairs or replacements of the club owned equipment including – generator, compressor, brush cutters, shovels, brooms, hoses, rakes, poison sprayers, soil spreaders, track roller etc.
Maintain an appropriate stock level of consumable items including – petrol, oil, brush cutter cord, round-up, toilet paper and hand towel roll, hand wash soap, cleaning products etc.
Arrange work/gardener parties as required.
Liaise and work with the Track Upgrade Committee for reconstruction and/or upgrade works.
Arrange required materials, plant and equipment for the general up keep of the facility.
Maintain and upgrade signage as required.

Public Relations/Fundraising Officer #

The responsibilities and duties of the Public Relations/Fundraising Officer include but are not limited to:

Identifying opportunities to raise awareness of the sport of BMX and the Club with the public
Developing and maintaining a high profile for the sport and the Club with local media organisations
Advertising Club events as widely as possible
Organising and coordination of activities and events to raise funds for the Club
Identifying potential advertisers to rent signs at the Club
Identify and liaise with potential sponsors of Club activities

Riders Representative #

The responsibilities and duties of the Rider’s Representative include but are not limited to:

Ensuring that any concerns of riders are brought to the attention of the Club committee.
Ensuring that decisions of the Committee are explained to riders

[1] With due regard to gender equality, the terms “he”, “him”, “his” etc shall be taken to apply to both sexes.

[2] As per NBMXA Constitution (2016) Section 13 e).

[3] Sections 7(3) and 7(4) of the regulations require that the accounts be audited by a non-Committee member of the Club unless the monthly income is greater than $5,000, in which case a Public Accountant is required.