CHESS SOUTH AFRICA
Description
CHESS SOUTH AFRICA
Document Sample


CHESS SOUTH AFRICA
CONSTITUTION
1. NAME
1.1. The name of the Association is and shall be:
CHESS SOUTH AFRICA.
1.2. The abbreviated name of the Association is and shall be:
CHESSA.
2. STATUS
2.1. CHESSA is a voluntary association of members joined
together in the pursuit of its main objects as described herein.
2.2. CHESSA is a separate juristic entity capable of suing and
being sued in its own right and name and shall have existence
independent of its members and office bearers with perpetual
succession and with the capacity to acquire rights and incur
obligations and hold assets in its own name and distinct from
that of its members.
3. INTERPRETATION
3.1. In this Constitution, unless the context requires otherwise, the
following words shall have the following meanings:
3.1.1. Chess: The game or sport of chess, whether
played in the presence of the
opponent or by way of
correspondence or by means of the
Internet or computer software
programs or otherwise.
As amended in Kempton Park on 18 April 2009
2
3.1.2. Chess Union: A regional chess body
established in a province or
part of a province for the
purpose of organising and co-
ordinating chess activities in
that region.
3.1.3. FIDE: The World Chess Federation known
as Fédération Internationale des
Échecs, being the supreme
controlling body of chess at global
and continental levels.
3.1.4. Province: One of the nine geographical areas
as identified in section 103 of the
Constitution of the Republic of South
Africa, 1996.
3.1.5. Provincial Chess Body: A body consisting of more
than one chess union within
a Province associated with
each other for the special
and specific purpose of
liaison and communication
with the sporting codes of
that Province and the
Department of Sport for that
Province.
As amended in Kempton Park on 18 April 2009
3
3.1.6. SASCOC: The South African Sports
Confederation and Olympic
Committee, being the controlling
body for high performance sport in
South Africa.
3.1.7. South Africa: The Republic of South Africa
unless otherwise stated and
the abbreviations “SA” and
“RSA” shall have the same
meaning.
3.2. Unless the context otherwise requires, any words importing
the singular number only shall include the plural number and
vice versa, and words importing any one gender shall include
the other gender.
4. MAIN BUSINESS
4.1. The main business of CHESSA is to act as the controlling
body of chess in South Africa.
4.2. CHESSA holds membership of FIDE as the recognised and
only controlling body for chess in South Africa and shall
control and enforce the playing rules of FIDE for chess in
South Africa.
4.3. No member shall establish or maintain contact with FIDE or
any other international chess body without the knowledge and
approval of CHESSA.
As amended in Kempton Park on 18 April 2009
4
4.4. CHESSA shall maintain membership of SASCOC and any
other bodies established by Government or sporting codes to
govern sport in South Africa.
4.5. CHESSA may affiliate with any other body or sporting code
with similar aims with a view to enhancing the interests and
status of chess within South Africa.
5. MAIN OBJECTS
The main objects of CHESSA shall be:
5.1. To coordinate, administer and promote chess as a sport,
recreational and educational activity in South Africa and foster
a spirit of healthy competition among players of all races,
gender and ages.
5.2. To coordinate, administer and promote chess in a non-
discriminatory and democratic way, providing equal rights and
opportunities to all chess players, administrators, managers,
arbiters, coaches and tournament directors throughout South
Africa.
5.3. To represent its members and to promote and advance the
interests of its members.
5.4. To create, build and maintain communities of chess players
throughout South Africa and to encourage the active
involvement of volunteers in the administration and
management of chess.
As amended in Kempton Park on 18 April 2009
5
5.5. To cooperate with other chess organisations, on a local,
regional, provincial, national and international level.
5.6. To increase the number of chess unions and individuals
registered with CHESSA, particularly among schools and
previously disadvantaged communities.
5.7. To encourage the appointment of coaches in schools and on
private and public levels in South Africa.
5.8. To assist at all levels with the organisation and administration
of chess.
5.9. To facilitate the involvement of South African players and
teams in international tournaments and championships and to
promote the achievement of FIDE titles of which the
grandmaster title is the most prestigious.
5.10. To select players to represent South Africa in international
competition and decide upon the nature, award and protection
of national and other colours.
5.11. To develop South Africa as the foremost chess-playing nation
in Africa.
5.12. To organise or facilitate national championships for senior,
junior and women players;
5.13. To establish and maintain a national rating bureau, to develop
a national rating system and to have all tournaments rated.
As amended in Kempton Park on 18 April 2009
6
5.14. To approve venues and facilities for national and international
events which are administered under the auspices of
CHESSA and FIDE.
5.15. To keep an up-to-date national database of all chess players
in South Africa, whether they are individually registered with
CHESSA or not.
5.16. To actively market the sport of chess in South Africa and to
increase the awareness of the public of chess as a social,
recreational and educational activity.
5.17. To further chess education in South Africa and to make funds
available for chess literature and chess studies.
5.18. To hear and decide appeals against the decisions of its
members and to resolve disputes between any-one involved
in chess in South Africa.
6. MEMBERSHIP
6.1. Membership of CHESSA shall consist of and be limited to
chess unions and provincial chess bodies who become
members upon:
6.1.1. approval by the National Council of an
application for membership;
6.1.2. adoption of a constitution acceptable to the
National Council;
6.1.3. proof of the democratic election of its office
bearers; and
As amended in Kempton Park on 18 April 2009
7
6.1.4. in the case of chess unions, proof of the number
of active chess-playing individuals residing within
the region of the chess union.
6.2. The National Council may determine from time to time the
requirements for a successful application for membership,
including but not limited to requiring a minimum number of
active chess-playing individuals within the region of the chess
union.
6.3. Approval of applications for membership is further dependent
upon the chess union concerned being viable, having
sufficient resolve for development and being able to contribute
in a responsible manner to the expansion of chess in South
Africa, with its office bearers being individually registered with
CHESSA. In the event of the Executive Board deciding that
there is not sufficient evidence of the aforegoing in the case of
a chess union applying for membership, the Executive Board
may require that the activities of the chess union concerned
be evaluated during a fixed period not exceeding 12 months
and during this period of evaluation the application for
membership may not be considered for approval by the
National Council.
6.4. The National Council shall fix the fees payable by chess union
members from time to time.
6.5. The rights and obligations of a chess union member shall not
be transferable and every chess union member shall be jointly
liable with all the other chess union members for all
expenditure incurred in connection with CHESSA, insofar as
As amended in Kempton Park on 18 April 2009
8
third parties are concerned, provided that such liability shall be
limited to the fees due by the chess union member and any
special levy prescribed by the National Council, from time to
time.
6.6. A chess union member that fails to pay the required fees, or
refuses to comply with the decisions of the National Council,
or fails to meet the minimum requirements for active chess-
playing individuals within its region, may be suspended from
membership and lose its accompanying privileges until the
situation is regularised to the satisfaction of the National
Council.
6.7. In addition, the following minimum requirements have to be
met in order to retain the status and benefits of a chess union
member:
6.7.1 Annual application for renewal of CHESSA membership,
accompanied by payment of the prescribed fee before
31 March of each year;
6.7.2 Proof of chess union membership and support as at 31
December of the previous year;
6.7.3 Statement of assets & liabilities and income & expenses
statement (unaudited);
6.7.4 Adoption of its own Rules & Procedures to be approved
by the Executive Board and ratified by the National
Council; and
As amended in Kempton Park on 18 April 2009
9
6.7.5 Proof of the democratic election or re-election of its office
bearers.
6.8. The National Council shall be entitled to terminate the
membership of a chess union member in the event that the
National Council has resolved to do so by a two-third majority
of its members, excluding the representatives of the chess
union member concerned. The representatives of the chess
union member concerned shall be entitled to make full
representations to the National Council prior to the voting on
the resolution.
7. ASSOCIATED MEMBERSHIP
(Deleted)
8. REGISTRATION OF PLAYERS AND OTHER INDIVIDUALS
8.1. Chess players, and other individuals interested in obtaining
registration with CHESSA, shall register by completing,
signing and submitting the prescribed registration form without
the need to pay a registration fee.
8.2. Registration may be sought as one or more of the following:
player (CP), arbiter (CA), coach / trainer / instructor (CI),
manager / administrator (CM) or chess friend / worker (CF).
8.3. In the registration form the player or other individual shall
agree to adhere to the Code of Conduct for players and other
individuals, including the prescribed disciplinary procedure, as
well as the policy, rules and procedures prescribed by
CHESSA from time to time.
As amended in Kempton Park on 18 April 2009
10
8.4. Upon registration by the CHESSA registration officer, the
player or other individual will remain a CHESSA registered
individual, without the need for re-registration periodically, until
the registration status is terminated by expulsion, resignation
or the death of the individual concerned.
8.5. A registered player will be allowed to play in regional and
national team championship events for the chess union as
indicated on his or her registration form, or in the case of a
change, as indicated on the CHESSA database of registered
players and other individuals.
9. THE NATIONAL COUNCIL
9.1. Supreme governing body
9.1.1. Management and control of CHESSA is vested in
the National Council which is the supreme
governing body and highest decision-making
authority of CHESSA.
9.1.2. The National Council may delegate its powers
and functions to officials of CHESSA or to any
commission or any technical committee or other
committee appointed by it or by the Executive
Board to meet its aims and objects.
9.1.3. Between meetings of the National Council, the
Executive Board shall act on behalf of the
National Council. In so doing, the Executive
Board shall not be permitted to take decisions
As amended in Kempton Park on 18 April 2009
11
which are contrary to the policies of the National
Council.
9.2. Composition of the National Council
The National Council shall consist of -
9.2.1. members of the Executive Board;
9.2.2. the nominated representative for each chess
union member;
9.2.3. the nominated representative for each provincial
chess body member.
9.3. Each chess union member and each provincial chess body
member shall nominate one natural person to represent it at
any ordinary or special meeting of the National Council who,
unless special circumstances dictate otherwise, should be a
member of the executive of that chess union member or
provincial chess body member, there further being no
restriction to different individuals representing the same chess
union member or provincial chess body member at different
meetings.
9.4. Chess union and provincial chess body members shall give
written notice to the General Secretary of CHESSA of the
name of its representative at any ordinary or special meeting
of the National Council no later than 3 days ahead of the date
of such meeting.
As amended in Kempton Park on 18 April 2009
12
9.5. At the commencement of the meeting of the National Council
concerned, each nominated representative referred to in 9.3
above shall hand to the General Secretary of CHESSA the
original of his or her written nomination signed by no less than
two members of the executive of the chess union member or
provincial chess body member concerned and with the names
and telephone numbers of the executive members appearing
on the nomination.
9.6. In the absence of a written nomination submitted according to
the provisions of 9.3, 9.4 and 9.5 above, any representative of
the chess union member or provincial chess body member
concerned may attend the meeting but, in the case of such
chess union member, will have no right to vote for or against
any resolution unless the National Council first ratifies the
absence of prior notice as required in 9.4 above and/or the
absence of a duly executed written nomination at the
commencement of the meeting as required in 9.5 above.
10. FUNCTIONS AND POWERS OF THE NATIONAL COUNCIL
10.1. Subject to the express provisions of this Constitution and its
policy, rules and procedures in force from time to time, the
National Council shall have full powers in the management
and direction of the business affairs of CHESSA and, save as
may be expressly provided in this Constitution, may exercise
all such powers of CHESSA and do all such acts on behalf of
CHESSA, as may be exercised and done by CHESSA itself.
As amended in Kempton Park on 18 April 2009
13
10.2. Without limiting the generality of the above, the National
Council shall have the following specific functions and powers:
10.2.1. To determine the policy of CHESSA for the
execution of which the Executive Board shall be
responsible;
10.2.2. To ratify the rules and procedures as
contemplated in Article 16 hereunder;
10.2.3. To fix conditions and fees for membership of
CHESSA and to establish criteria for the
classification of players as junior, adult or senior,
as required by FIDE;
10.2.4. To consider and approve or reject applications
for membership of CHESSA and to deal with the
conduct of members and registered individuals at
all levels, including expulsion from membership
and cancellation of registration;
10.2.5. To appoint a delegate to the general assembly of
FIDE, this delegate to hold registration with
CHESSA, but need not necessarily be an office
bearer of CHESSA or one of its chess union or
provincial chess body members. The term of
appointment shall be two years.
10.2.6. To elect at the second meeting of each odd-
numbered year, the President of CHESSA and
the Executive Board as set out in Article 13
hereunder.
As amended in Kempton Park on 18 April 2009
14
10.3. Without limiting the generality of the above, the National
Council is empowered on behalf of CHESSA:
10.3.1. To purchase, lease, exchange, hire or otherwise
acquire any movable and/or immovable property,
which may be deemed necessary or convenient
for any of the purposes of CHESSA;
10.3.2. To employ such staff and/or agents and/or
consultants as may be required from time to time
on such terms as it may determine, and to
remunerate such persons and/or entities by way
of cash and/or otherwise as the National Council
may deem fit;
10.3.3. To solicit and accept donations, bequests,
contributions and subscriptions for the funds of
CHESSA from within as well as outside the
borders of the Republic of South Africa;
10.3.4. To improve, manage, develop, exchange, let or
lease, mortgage, sell, dispose of, or otherwise
deal with all or any part of the property and rights
of CHESSA;
10.3.5. To invest the monies and assets of CHESSA not
immediately required with a registered financial
institution as defined in the Financial Services
Board Act, 1990;
10.3.6. To borrow or raise money in such manner as
CHESSA shall deem fit and in particular to
As amended in Kempton Park on 18 April 2009
15
secure the repayment of any money so
borrowed, by means of pledge, charge or lien
upon the whole or any part of CHESSA’s
property or assets;
10.3.7. To operate banking accounts and to draw,
accept, endorse and discount cheques, as well
as other negotiable documents and/or
instruments;
10.3.8. To enter into any arrangements with any State
Authority or other Authority or any corporation,
company, society, organisation, entity or person
that may be conducive to the objects of
CHESSA;
10.3.9. To pay all or any expenses incurred in
connection with the promotion and functioning of
CHESSA;
10.3.10. To promote any other trust, company or concern,
for the purpose of acquiring all or any of the
property and/or undertaking any of the liabilities
of CHESSA;
10.3.11. To associate with any other foundation,
institution, society or trust having the same or
similar objects to those of CHESSA;
10.3.12. To purchase or otherwise acquire and undertake
all or any part of the property, assets, liabilities
and engagements of any one or more of the
As amended in Kempton Park on 18 April 2009
16
associations, institutions, societies, or trusts with
which CHESSA is authorised to amalgamate;
10.3.13. To transfer the property, assets, liabilities and
rights and obligations of CHESSA or any of
them, to and in favour of any one or more of the
companies, institutions, societies of associations
with which CHESSA is authorised to
amalgamate;
10.3.14. To ensure and protect the interests and property
of CHESSA and by obtaining the necessary
insurance policies from a registered insurance
company;
10.3.15. To charge special levies or fees to chess union
members and associate members;
10.3.16. To institute proceedings in any competent Court
or Tribunal and employ attorneys and/or
advocates to institute or defend any proceedings
by or against CHESSA and to sign all documents
for and on behalf of CHESSA to enable it to
conduct legal proceedings;
10.3.17. To finance litigation and other legal costs, either
in the name of CHESSA or in the name of one or
more of the chess union members and/or affiliate
members;
10.3.18. To do all such things as may be deemed
incidental or conducive to the attainment of the
As amended in Kempton Park on 18 April 2009
17
above objectives or any of them, provided that
CHESSA shall not carry on any business,
including inter alia, ordinary trading operations in
the commercial sense, speculative transactions,
dividend-stripping activities, as well as the letting
of properties on a systematic or regular basis.
10.4. Notwithstanding anything herein contained, it is recorded that:
10.4.1. CHESSA’s income and property are not
distributable to its chess union members or
provincial chess body members or office bearers
except as reasonable compensation for services
rendered or upon dissolution in terms of this
Constitution;
10.4.2. chess union members or provincial chess body
members or office bearers have no rights in the
property or other assets of CHESSA solely by
virtue of their being members or office bearers;
10.4.3. CHESSA is a non-profit organisation and will not
carry on any business, undertaking or trading
activity, save to the extent permitted in terms of
section 30 of the Income Tax Act, 1962;
10.4.4. CHESSA shall not have any authority to contract
on behalf of any chess union member or
provincial chess body member or to bind the
credit of any chess union member or provincial
chess body member;
As amended in Kempton Park on 18 April 2009
18
10.4.5. CHESSA’s financial transactions shall be
conducted by means of a banking account or
banking accounts opened and maintained at the
direction of the National Council.
11. MEETINGS OF THE NATIONAL COUNCIL
11.1. Ordinary meetings
11.1.1. The National Council shall hold at least two
ordinary meetings in each calendar year.
11.1.2. The first ordinary meeting of each year shall be
held by no later than 30 April of that year.
11.2. Special meetings
11.2.1. A special meeting of the National Council shall
be held when requested by:
(a) at least one-half of the chess union and provincial
chess body members; or
(b) at least five members of the Executive Board.
11.2.2. The reasons for the special meeting shall
accompany the request.
11.2.3. Special meetings shall take place within 35 days
of the date on which the request reaches the
General Secretary.
As amended in Kempton Park on 18 April 2009
19
11.3. The dates and venues of meetings of the National Council
shall be fixed by the Executive Board. Chess union and
provincial chess body members shall be given 30 days’ notice
of both ordinary and special meetings.
11.4. Except when the National Council decides otherwise, as in the
case of motions to amend the Constitution whereby a two-
thirds majority is required, a simply majority vote shall be
adequate to carry a motion.
11.5. Every player or other individual registered with CHESSA,
including members of chess union and provincial chess body
members other than the nominated representatives as well as
members of commissions, shall be allowed to attend meetings
of the National Council as observers and may speak with the
approval of the chairperson, which approval shall be sought at
the commencement of the meeting.
11.6. Quorum at meetings of the National Council
A meeting of the National Council shall be quorate if:
11.6.1. at least one-half of the individuals referred to in
9.2 above are present; or
11.6.2. if a meeting of the National Council of which
proper notice has been given is inquorate, the
meeting may still be held, but all decisions taken
at such inquorate meeting shall require
confirmation according to the procedure set out
in Article 11.8 below.
As amended in Kempton Park on 18 April 2009
20
11.7. Voting on the National Council
11.7.1. Only chess union members, represented at the
National Council meeting by their nominated
representatives or by valid proxy, may vote on
any matter to be decided by National Council by
voting.
11.7.2. Members of the Executive Board and
representatives of provincial chess body
members shall not have a vote, except in the
event of a deadlock, in which case the President
of CHESSA, or in his or her absence, the
chairperson of the particular meeting of the
National Council, shall have a casting vote.
11.7.3. Each chess union member shall have one vote.
11.7.4. Proxies for absent chess union members shall be
accepted in all cases including elections,
provided that a duly completed and signed proxy
form is submitted to the General Secretary prior
to the commencement of the relevant meeting
and the proxy is given for purposes of voting on a
specific matter or the election of a candidate for a
specific position and does not purport to be a
general authorisation to vote on behalf of the
absent chess union member.
As amended in Kempton Park on 18 April 2009
21
11.8. Confirmation of decisions at inquorate meeting
Motions passed at an inquorate meeting of the National
Council shall require confirmation by the procedure set out
below:
11.8.1. The General Secretary shall notify every
absentee chess union member of the motions
which were provisionally adopted at the meeting
and the name of the proposer and seconder of
each such motion. These notifications shall be
despatched within ten (10) working days of the
meeting.
11.8.2. Each absentee chess union member thus
notified shall, for each of the motions concerned
record either an abstention or a vote for or
against the motion. The absentee chess union
member shall return his record of his voting to
the General Secretary within 14 days of receiving
the notification.
11.8.3. A motion shall be confirmed if the total number of
votes cast in favour of it at the meeting, together
with those cast in terms of the above procedure,
is at least one-half of the total votes plus one, of
the available votes of the National Council at the
time of the meeting.
As amended in Kempton Park on 18 April 2009
22
12. THE EXECUTIVE BOARD
12.1. Powers
12.1.1. The administrative functions of CHESSA shall be
the responsibility of the Executive Board. In
addition, the Executive Board shall deal with any
matters referred to it by the National Council and
shall report to the National Council;
12.1.2. The Executive Board shall decide on the
executive structures and administrative
procedures of CHESSA as may be required from
time to time.
12.1.3. The Executive Board controls and oversees the
work of its own management committee, as well
as the work of all commissions and technical
committees and has to ratify all their decisions of
a major nature.
12.1.4. The Executive Board shall have the power to co-
opt additional members for short-term and
project-orientated appointments to the Executive
Board.
12.2. Composition
The Executive Board shall be composed of the following
portfolios:
12.2.1. President;
As amended in Kempton Park on 18 April 2009
23
12.2.2. Vice-president;
12.2.3. Executive Director;
12.2.4. Director of Finance;
12.2.5. General Secretary;
12.2.6. Director of Development;
12.2.7. Director of Public Relations;
12.2.8. Director of Youth Chess;
12.2.9. Director of Women’s Chess;
12.2.10. Director of Adult Chess;
12.2.11. Director of Physically Challenged Chess;
12.2.12. Director of Arbiters, Trainers & Managers.
12.3. Vacancies
12.3.1. If the position of President is vacated, the Vice-
President shall vacate his position and become
acting President of CHESSA until the next
meeting of the National Council.
12.3.2. A vacant position on the Executive Board, other
than the Executive Director, shall be filled by the
Executive Board either from amongst its other
members or by appointment of a person not then
on the Board.
As amended in Kempton Park on 18 April 2009
24
12.3.3. If the position of Executive Director is vacated, a
special meeting of the National Council shall be
called for the purpose of electing a suitable
candidate to take up the position until the next
official election. The Vice-president shall hold
office and fulfil the duties of the Executive
Director in the interim period.
12.3.4. If the National Council does not ratify the
appointments by the Executive Board as
provided for in 12.3.2, it shall make an
appointment to the vacant positions, this being
approved by a simple majority of those present.
12.3.5. An acting president of CHESSA, if ratified by the
National Council shall be given the title of
President of CHESSA.
12.4. The functions of the President
12.4.1. The President shall chair the management
committee of the Executive Board, comprising of
the President, the Vice-President, the Executive
Director, the Director of Finance and the General
Secretary.
12.4.2. The President shall liaise with FIDE and other
international chess bodies, if and when the need
As amended in Kempton Park on 18 April 2009
25
arises. The Executive Board shall support the
President administratively and develop a budget
to assist financially in terms of policy laid down
by the National Council in this regard.
12.4.3. The President shall liaise with SASCOC, the
Government Departments of Education and
Sport & Recreation and any other national sport
bodies appointed by Government to develop
sport, as required.
12.4.4. The President shall refer administrative matters
to the management committee timeously. The
management committee shall deal with such
matters in the appropriate fashion.
12.4.5. The President may delegate any of the above
duties to a member of the Executive Board
subject to ratification by the National Council at
the next meeting, or by means of other speedier
ways of communication and decision should the
circumstances demand it.
12.5. The functions of the Vice-president
12.5.1. The Vice-president shall assume the powers and
duties of the President in the absence of the
President, or his or her inability or refusal to act
as President.
12.5.2. The Vice-president shall be required to be an
active member of the management committee
As amended in Kempton Park on 18 April 2009
26
and perform duties as delegated and approved
by the Executive Board.
12.6. The functions of the Executive Director
12.6.1. The Executive Director shall manage, with the
assistance of the other members of the
Executive Board, all internal affairs of CHESSA,
as well as external affairs referred to the
Executive Board by the National Council or by
the President.
12.6.2. The Executive Director shall report to the
National Council at least twice a year at the
scheduled meetings of the National Council.
12.7 The functions of the Director of Finance
12.7.1 The Director of Finance shall receive and make
payments on behalf of CHESSA.
12.7.2 The Director of Finance shall maintain suitable financial
records for CHESSA.
12.7.3 The Director of Finance shall present to the Executive
Board and the National Council at their first meetings
after 31 March each year, an audited financial report of
the previous financial year.
12.7.4 The Director of Finance shall take responsibility for the
administration of all financial matters arising from this
Constitution in a timeous and efficient manner.
As amended in Kempton Park on 18 April 2009
27
12.7.5 The Director of Finance shall ensure the maintenance of
financial propriety at all levels in the use of CHESSA
funds and specifically report on budget variances.
12.8 The functions of the General Secretary
12.8.1 The General Secretary shall, in consultation with the
management committee, make proper arrangements for
meetings of the Executive Board and the National
Council. This shall include the securing of suitable
venues and the distribution, in good time, of notices,
agendas and other documents relevant to the meetings
concerned.
12.8.2 The General Secretary shall be responsible to maintain
accurate minutes of all meetings of the Executive Board
and National Council and to arrange for their distribution
to the members of those bodies.
12.8.3 The General Secretary shall receive and answer official
CHESSA correspondence and refer such
correspondence to the Executive Board and maintain a
permanent file of correspondence.
12.8.4 In addition to the aforegoing, the General Secretary shall
have such other duties and responsibilities as may be
approved by the Executive Board or specified by the
Executive Director from time to time.
As amended in Kempton Park on 18 April 2009
28
12.9 The functions of the Director of Development
12.9.1 The Director of Development shall be the chairperson of
the development committee established in terms of this
Constitution.
12.9.2 The Director of Development shall be responsible for the
efficient functioning of the development committee and
for the implementation of its decisions.
12.9.3 The Director of Development shall present a detailed
report on his portfolio to the Executive Board and the
National Council at the first meetings of those bodies
each year.
12.10 The functions of the Registrations and Ratings Officer
12.10.1 The Registrations and Ratings Officer shall chair the
Ratings Committee and be responsible for all
communications regarding the registration and ratings
of CHESSA registered players.
12.10.1 The Registrations and Ratings Officer shall further be
responsible for maintaining and servicing the
CHESSA website, including the regular updating of
the website and performing any further duties in this
regard as may be determined from time to time.
12.10.2 The Registrations and Ratings Officer shall prepare
and submit to the Treasurer an annual budget for the
funds required to maintain and update the website.
As amended in Kempton Park on 18 April 2009
29
12.11 The functions of the Director of Youth Chess
12.11.1The Director of Youth Chess shall chair the
Commission for Youth Chess and coordinate all
activities of CHESSA relating to youth chess,
including chess at school and student levels.
12.11.1 The Director of Youth Chess shall present a detailed
report on his portfolio to the Executive Board and
National Council at the first meetings of these bodies
each year.
12.12 The functions of the Director of Public Relations
12.12.1 The Director of Public Relations shall chair the
Public Relations Committee and be responsible
for the marketing, communications, public
relations and press liaison of CHESSA and the
securing of sponsorships for CHESSA.
12.12.2 The Director of Public Relations shall be the only
person within CHESSA to deal with the Press and
issue press releases or releases to the
international chess community and only after
approval by the management committee.
12.13 Meetings and quorum
12.13.1 The Executive Board shall meet as often as is
required to carry out their functions.
12.13.2 The majority of the members of the Executive
Board shall form a quorum.
As amended in Kempton Park on 18 April 2009
30
12.14 Remuneration
12.14.1 Members of the Executive Board shall be entitled
to be repaid all reasonable and bona fide
expenses incurred by them respectively in or
about the performance of their duties but, save as
aforesaid, shall not be entitled to any other
remuneration, fees or salary in respect of the
performance of such duties.
12.14.2 Notwithstanding the aforegoing, a member of the
Executive Board who performs professional
services on behalf of CHESSA shall be entitled to
charge his normal fees for such services, provided
that he has been instructed on a formal basis.
13 ELECTION OF THE EXECUTIVE BOARD
13.1 Bi-annual election
13.1.1 The positions of President, Vice-President, Executive
Director, Director of Finance, General Secretary, Director
of Development and Director of Public Relations shall be
filled through election by the National Council.
13.1.2 The positions of Director of Youth Chess, Director of
Women’s Chess, Director of Adult Chess, Director of
Physically Challenged Chess and Director of Arbiters,
Trainers and Managers shall be filled ex officio by the
chairpersons of the respective commissions.
As amended in Kempton Park on 18 April 2009
31
13.1.3 Elections for the elected members of the Executive
Board shall be held at the second meeting of the
National Council in each odd-numbered year.
13.2 Notices
13.2.1 No less than 90 days before the election date, the
General Secretary shall send by certified or electronic
mail, a notice to every chess union member:
(a) informing it that the elections for the Executive
Board are to take place at the next meeting of the
National Council and of the date and place of this
meeting;
(b) providing it with a copy of those articles of the
Constitution which are relevant to the elections;
(c) calling for nominations for each position on the
Executive Board to be filled by election;
13.2.2 No less than 30 days before the election date, the
General Secretary shall send by certified or electronic
mail to every chess union members a list of nominations
received with their curricula vitae and a list of chess
union members that will be eligible to vote.
13.3 Nominations
13.3.1 Nominations for each position on the Executive Board to
be filled by election shall be made individually, provided
that a person can be nominated for more than one
position.
As amended in Kempton Park on 18 April 2009
32
13.3.2 The closing date for such nominations shall be set by the
Executive Board.
13.3.3 In order to be accepted as a valid nomination, each
nomination shall:
(a) be signed by the nominator who is a member of a
chess union;
(b) be signed by a seconder who is a member of a
different chess union;
(c) be accompanied by a signed acceptance of the
nominee;
(d) be accompanied by a brief curriculum vitae of the
nominee;
(e) reach the General Secretary by no later than the
closing date for nominations.
13.4 Voting rights for purposes of elections
13.4.1 Each nominated representative representing a chess
union member in good standing shall be allowed to vote
in the election.
13.4.2 Members of the Executive Board, in their capacity as
such, representatives of provincial chess body members,
members of commissions and technical committees as
well as CHESSA registered players and other individuals
shall not be allowed to vote.
As amended in Kempton Park on 18 April 2009
33
13.4.3 Each nominated representative qualified to vote shall
exercise one vote in respect of the election for each
position on the Executive Board to be filled by election.
13.4.4 A chess union member shall be regarded as not in good
standing if it is not a paid-up member by latest 30 days
before the election date.
13.5 Election procedure
The election shall take place according to the following
procedure:
13.5.1 All voting shall be by show of hands except that upon the
request of any person entitled to vote, the voting shall be
by secret ballot.
13.5.2 The voting shall commence with the position of President
and shall proceed thereafter in the order set out in Article
12.2 above.
13.5.3 The nominee who is successful by commanding a
majority vote shall be appointed to the position.
13.5.4 The unsuccessful nominee shall not be passed to other
positions unless he was properly nominated for those
positions.
13.5.5 Election will be by a simple majority of those voting.
13.5.6 In the event of a tie, further ballots will be held with only
the tied candidates until a clear outcome is obtained.
As amended in Kempton Park on 18 April 2009
34
13.5.7 If the outcome remains tied, a casting vote will be offered
to the existing President.
13.5.8 If the President declines to cast a vote, it will be offered
to the other existing members of the Executive Board in
the order set out in Article 12.2 above. If this procedure
still fails to resolve the tie, then the representatives of
chess union members who are present will be offered
the casting vote in alphabetical order of their surnames.
13.6 Proxies for absent chess union members will be accepted for
purposes of the election provided such proxies meet the
requirements set out in 11.7.4 above.
13. Once the new Executive Board has been elected, the new President
shall chair the meeting.
14. COMMISSIONS
14.1 In recognition thereof that there are different chess interest
groups in South Africa which each focuses on the promotion of
chess within its own sphere of influence, the following
commissions are hereby established:
14.1.1 Youth Chess;
14.1.2 Women’s Chess;
14.1.3 Adult Chess;
14.1.4 Arbiters, Trainers & Managers; and
14.1.5 Physically Challenged Chess.
As amended in Kempton Park on 18 April 2009
35
14.2 Each commission shall have its own management committee
which, apart from the chairperson, secretary and treasurer,
may have further positions to handle such other portfolios as
may be necessary for the proper administration of chess within
the area of jurisdiction of the particular commission.
14.3 The members of the management committee of each
commission shall be elected by CHESSA registered individuals
interested and registered in the relevant sphere of chess, and
further subject to the rules and procedures of the commission
concerned.
14.4 The elections of management committees for the commissions
shall take place within one month after the date of the
CHESSA bi-annual elections and the term of office for
members of such management committees shall be two years.
14.5 The chairperson of each commission shall be an ex officio
member of the Executive Board of CHESSA.
14.6 Each commission shall work within and take decisions on
matters in its field of responsibility save to the extent that a
specific function has been entrusted to another organ of
CHESSA, such as the national selection committee in matters
of selection.
14.7 The Executive Board shall perform a supervisory function in
regard to the activities of the various commissions and all
decisions by commissions of a major nature shall be subject to
ratification by the Executive Board.
As amended in Kempton Park on 18 April 2009
36
14.8 Each commission shall prepare an annual budget and apply to
the Executive Board for an allocation of funds and, subject to a
duty of reporting, each commission shall manage and spend its
allocated funds and operate bank accounts in the name of
CHESSA but dedicated to the use of the particular
commission.
14.9 Subject to approval by the Executive Board and ratification by
the National Council, each commission is at liberty to formulate
its own rules and procedures.
15 TECHNICAL COMMITTEES
15.1 In recognition thereof that various aspects of the duties
performed by CHESSA require specific expertise or experience
for the most effective discharge of those duties, the following
standing committees are hereby established:
15.1.1 Finance Committee;
15.1.2 Constitutional Committee;
15.1.3 Ethics Committee;
15.1.4 National Selections Committee;
15.1.5 Ratings Committee;
15.1.6 Development Committee;
15.1.7 Events Co-ordination Committee; and
15.1.8 Public Relations Committee.
As amended in Kempton Park on 18 April 2009
37
15.2 The convenors and other members of each technical committee
are appointed by National Council, on recommendation by the
Executive Board, and the technical committees report to the
Executive Board.
15.3 Technical committees may formulate their own rules and
procedures subject to approval by the Executive Board.
16 CHESS DEVELOPMENT
16.1 There shall be a development committee chaired by the
Director of Development which shall be responsible for the
development of chess in South Africa, concentrating
particularly on the previously disadvantaged persons and
areas.
16.2 The development committee shall also assume responsibility
for the development and advancement of highly talented
CHESSA registered players generally and specifically with a
view to securing FIDE titles for South African players.
16.3 In discharging the above responsibilities, the development
committee shall, inter alia:
16.3.1 consider requests for financial or material support from
chess union members, chess clubs operating within the
structures of CHESSA and its members and individual
CHESSA registered players and other registered
individuals;
16.3.2 engage in fund-raising activities;
As amended in Kempton Park on 18 April 2009
38
16.3.3 organise appropriate tournaments and championships;
16.3.4 provide training within the constraints of its budget.
16.4 The development committee shall be accountable to the
National Council through the Executive Board for the manner
in which it performs its functions and spends the funds
entrusted to it.
16.5 The development committee shall report to the President and
Executive Director with such frequency as they may direct.
16.6 The development committee shall administer a specially
designated chess development fund.
16.7 The National Council shall allocate funds in its budget for
payment to the chess development fund and may impose
further a levy per player in an amount determined by it in
respect of every rated tournament designated for this purpose
and such monies raised shall be paid into the development
fund.
16.8 The National Council may delegate to chess union members
the responsibility in their areas for collecting any special
development levies, in which case such chess union members
shall transfer 90% of the monies so collected to the chess
development fund and may retain the remaining 10% for their
own use.
As amended in Kempton Park on 18 April 2009
39
17 SELECTION
17.1 It is the ultimate responsibility and prerogative of CHESSA, as
represented by the National Council, to approve the selection
of national teams and individuals representing South Africa.
17.2 For the aforesaid purpose, the National Council shall appoint,
on the recommendation of the Executive Board, individuals as
members of the National Selection Committee and further sub-
committees for the selection of men (open), women, youth and
physically challenged players, as well as managers and
coaches for international and national team events, and shall
approve and publish the selection criteria in force from time to
time.
17.3 The responsibility for selection may be delegated to the
appropriate commission with the express understanding that
selections by such commissions are subject to ratification by
the National Selection Committee appointed by the National
Council of CHESSA.
17.4 Insofar as it is within the control of CHESSA, no member of a
youth team shall be denied the opportunity to represent South
African because of an inability to afford the full cost involved.
18 RULES, PROCEDURES AND PROTOCOLS
18.1 The Executive Board shall formulate and publish the rules and
procedures in force from time to time in accordance with which
the affairs of CHESSA will be conducted. A copy of the rules
and procedures in force at any time shall be kept by the
General Secretary and made available, upon request, to any
As amended in Kempton Park on 18 April 2009
40
chess union or provincial chess body member or player or
other individual registered with CHESSA.
18.2 The rules and procedures shall include, but not be limited to,
the following:
18.2.1 CHESSA’s selection criteria;
18.2.2 the CHESSA code of conduct for office bearers (including
a disciplinary procedure);
18.2.3 the CHESSA code of conduct for players and other
registered individuals (including a disciplinary procedure);
18.2.4 the CHESSA grievance procedure.
18.3 Substitution and amendment of the rules and procedures will be
effected by the Executive Board upon approval by a two-thirds
majority of the members of the Executive Board.
19 FINANCE
19.1 The financial year end of CHESSA is the last day of December
in each year.
19.2 The Finance Committee shall be chaired by the Director of
Finance.
19.3 The Finance Committee shall cause to be prepared an annual
budget for the following year to be presented and approved at
the second ordinary meeting of the National Council each year.
19.4 It shall be a requirement of membership for chess union
members and provincial chess body members to submit to the
As amended in Kempton Park on 18 April 2009
41
Finance Committee a copy of their financial statements within
three months from the end of their respective year ends and
the Director of Finance shall report to the National Council on
compliance with this requirement and such matters pursuant
thereto that may be relevant to the members of the National
Council.
19.5 The Executive Board shall be responsible for monitoring the
accounts of tournaments organised by member bodies. This
shall not imply any restriction in the right of such bodies to
control their own affairs or the affairs of their member bodies.
19.6 The Executive Board shall act as a trustee of the trust funds
transferred to CHESSA from the South African Chess
Federation and shall administer these funds in strict
conformance to the conditions of the trust.
20 DISPUTE RESOLUTION
20.1 Any dispute arising out of, or in connection with, the
enforceability of the Constitution, or the application and
interpretation of the provisions thereof, or any dispute involving
members of CHESSA and registered players or other
individuals (including disputes with CHESSA itself), shall be
dealt with in terms of the grievance procedure of CHESSA as
amended from time to time.
20.2 Should the above procedure fail to lead to an acceptable
resolution, the matter shall be referred to the Arbitration
Foundation of South Africa (AFSA) for mediation or expedited
arbitration in terms of the rules and procedures for the
As amended in Kempton Park on 18 April 2009
42
resolution of disputes in sport, prevailing at the time when such
dispute is so referred.
20.3 In the event of such arbitration, the decision on arbitration shall
be final and binding on the parties to the dispute.
20.4 In recognition of the desire to resolve all disputes in the sporting
fraternity as amicably and effectively as possible, it is required
of all existing and future members of CHESSA to incorporate in
their constitutions (and to include in any agreements they may
enter into) a dispute resolution clause in terms substantially the
same as the above provisions of this Constitution, specifically
providing for the resolution of disputes through the
mechanisms provided for.
21 CHANGE OF CONSTITUTION
21.1 An amendment to the Constitution shall be approved at an
ordinary or special meeting of the National Council by at least
two-thirds of the total number of votes available to all chess
union members at the time of the meeting.
21.2 A motion for an amendment to the Constitution shall be
circulated to all members of the National Council at least 21
days before the meeting of the National Council at which it is to
be proposed.
21.3 A motion for amendment to the Constitution shall be accepted
without change or rejected.
As amended in Kempton Park on 18 April 2009
43
22 DISSOLUTION OF CHESSA
22.1 A motion for the dissolution of CHESSA shall require approval
at an ordinary or special meeting of the National Council by at
least two-thirds of the total number of votes available to all
chess union members at the time of the meeting.
22.2 If upon dissolution of CHESSA, there remain any assets
whatsoever after satisfaction of the debts and liabilities of
CHESSA, such assets shall be paid to or distributed among
the chess union members of CHESSA provided they are public
benefit organisations for purposes of the Income Tax Act,
1962, and failing the same, to another organisation or body
with similar objects to CHESSA as determined by the National
Council.
_______________________ __________________________
PRESIDENT EXECUTIVE DIRECTOR
Adopted in Port Elizabeth on 10 December 2005.
Amended in Houghton, Johannesburg on 2 September 2006.
Amended in Houghton, Johannesburg on 14 April 2007.
Amended in Houghton, Johannesburg on 12 April 2008.
Amended in Kempton Park on 18 April 2009.
As amended in Kempton Park on 18 April 2009
Get documents about "