Constitution
SA Training Ship General Botha Old Boys’ Association
PBO No: 930 036 128
1. ESTABLISHMENT
There shall be an Association known as the S.A.T.S. General Botha Old Boys’
Association comprising members listed in Rule 4.
2. OBJECTIVES OF THE ASSOCIATION
2.1 The sole or principal object is to promote social and recreational amenities or facilities for the members in a non-profit manner.
2.2 To form a bond of fellowship among those who have been trained in the S.A.T.S. General Botha (The “Ship”) or any other institution(s) which are considered to have replaced the “Ship” and to maintain a connection between the Association and such institutions.
2.3 To preserve the memory of those ex-cadets who died in the service of their country and of the Prime Minister after whom the “Ship” was named.
2.4 To promote and preserve the heritage of the “Ship” and the institutions which replaced the “Ship” established in its various residencies and/ or locations.
2.5 To hold social and other reunions as may be appropriate – the principle function to be an Annual Dinner held on or about the 15th day of March each year to be called the “Commissioning Day Dinner”.
2.6 To provide material and financial support to the S.A.T.S. General Botha Old Boys’ Association Bursary Fund.
2.7 To encourage the youth of the land to pursue a nautical or maritime orientated career.
2.8 To foster the maritime interests of the country and the region.
2.9 To promote and preserve the nautical history of the Republic of South Africa and, in general, nautical histories worldwide.
3. CONSTITUTION
3.1 The rules of this constitution shall be binding on all Branches of the Association
3.2 In this constitution unless there is something in the subject or context inconsistent therewith, words importing the singular shall include the plural and vice versa and words importing the masculine shall include the feminine.
3.3 This constitution shall be amendable only by resolution of the Executive Committee after communication with all Branches.
3.4 A copy of all amendments to the constitution under which the recreational club as established, will be submitted to the Commissioner of the South African Revenue Service.
4. MEMBERSHIP
4.1 Membership shall be subject to the rules and provisions of the Association and of the Branch to which the member belongs.
4.2 Membership of the Association shall comprise Full, Life, Associate and Honorary membership.
4.3 Full Members: Persons eligible for full membership are:
4.3.1 Former cadets of the General Botha
whose names appear in the 1922 – 1987 Cadet Muster List.
4.3.2 Persons who have completed a recognised course of study, considered to be at least the academic equivalent of Class 4, in the maritime department of a high school or tertiary education institution in South Africa.
4.4 Life Members: A full member who, in the opinion of a Branch Committee, has rendered meritorious service to the Association may be elected a Life Member.
4.5 Associate Members: With the approval of a Branch Committee the following may be elected as Associate Members:
4.5.1 Former cadets and students of other nautical training establishments.
4.5.2 Former staff members of the “General Botha” and staff members of the maritime departments of other South African nautical training institutions.
4.6 Honorary Members: A person who by virtue of position, specialised knowledge or any other attribute, may be elected by a Branch Committee as an Honorary Member for a specific or an indefinite period.
4.7 Membership of one branch shall permit participation in the activities of any other Branch.
4.8 All members will be entitled to annual or seasonal membership.
4.9 Members are prohibited from selling their membership rights or any entitlement in terms thereof.
5. BRANCHES
5.1 Formation of Branches: Branches may be formed at any place in the Republic of South Africa and elsewhere provided there are sufficient full members to form a committee to pursue the objectives of the Association.
5.2 The Branch Committee:
5.2.1 At each centre where a branch of the Association has been formed, the management shall vested in a committee of not less than five full members (including the office bearers) to be elected annually for the ensuing year.
5.2.2 Three or four office bearers namely a Chairman, a Vice Chairman, an Honorary Secretary and Treasurer or an Honorary Secretary and an Honorary Treasurer shall be elected annually for ensuing year.
5.2.3 At least four persons, who accept fiduciary responsibility for the Association, will not be connected persons in relation to each other, and no single person directly or indirectly controls the decision making powers relating to such organisation.
5.2.4 At least two persons from Cape Town and at least two persons from Durban branch shall accept fiduciary responsibility for the Association.
5.2.5 The persons accepting fiduciary responsibility shall be nominated and elected at the branch’s respective Annual General Meetings.
5.2.6 The filling of any interim vacancy shall be decided by the Branch Committee.
5.3 Branch management:
5.3.1 Committee meetings shall be held regularly and as frequently as occasion demands.
5.3.2 At any meeting of the committee, four committee members shall be constitute a quorum and no business shall be conducted unless a quorum is present.
5.3.3 All deliberations shall be decided by a majority of votes.
5.3.4 The Chairman shall have a casting vote in addition to his deliberative vote.
5.3.5 Honorary and Associate members, if invited, may speak at a committee meeting but shall not be entitled to a vote.
5.3.6 Each Branch shall conduct its own affairs and be responsible thereof as an autonomous unit.
5.3.7 Each Branch shall have the power to frame rules to carry on the work of the Committee provided that such rules are not inconsistent with these Rules. Such rules must be confirmed at the ensuing Annual or Extraordinary General Meeting of the Branch.
5.3.8 The Branch Committee shall provide by resolution for the signatures on behalf of the Branch for all powers of attorney or other deeds or documents. The signatures of two office bearers shall always be necessary for the signing of cheques or other negotiable documents.
5.4 Branch Financing
5.4.1 Each South African Branch shall open a bank account in the name of the organization with a South African registered bank.
5.4.2 Each Branch shall determine the method of it’s funding whether by donation, subscription, fund-raising activities or by other means.
5.4.3 The Honorary Treasurer shall keep a record of income and expenditure and shall submit his report at each Committee meeting and an audited consolidated report at the Annual General Meeting.
5.4.4 Where a Branch is financed by subscription, Honorary Members may, at the discretion of the Branch Committee, be required to pay the subscription.
5.4.5 No surplus funds will be directly or indirectly distributed to any person.
5.4.6 No remuneration will be paid to any person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered nor may any remuneration be determined as a percentage of any amounts received or accrued to the recreational Association.
5.4.7 The Association is not or was not knowingly a party to, or does not knowingly permit or has not knowingly have permitted itself to be used as part of any transaction, operation or scheme of which the sole or main purpose is or was the reduction, postponement or avoidance of liability for any tax, duty or levy which, but for such transaction, operation or scheme, would have been or would have become payable by any person under the Income Tax Act or any other Act administered by the Commissioner for the South African Revenue Service.
5.4.8 The Association will submit the required returns for income tax together with the relevant supporting documents.
5.4.9 The association’s financial year shall run from 1st January to 31st December each year.
5.5 Closure of a Branch or the Association: In the event of any Branch or the Association ceasing to function, the assets of the Branch or Association shall, at the sole discretion of the surviving members be donated to such charitable organisation or maritime, historical or technical society as may be deemed appropriate and based on the following criteria:
5.5.1 Any other recreational club which has been approved by the Commissioner in terms of section 30A of the Act.
5.5.2 Any public benefit organisation, contemplated in paragraph (a) (l) of the definition of a “public benefit organisation” in section 30(l) which has been approved in terms of section 30 (3) of the Act.
5.5.3 Any institution, board or body which is exempt from tax under the provisions of section 10 (1) (cA) (i) of the Act, which has as sole or principal object the carrying on of any public benefit activity; or
5.5.4 The government of the Republic in the national, provincial or local sphere, contemplated in section 10 (1) (a) of the Act.
6. GENERAL MEETINGS
6.1 At least fourteen days written notice of a General Meeting must be given by the Honorary Secretary to all members of the Branch.
6.2 The quorum at any General Meeting shall be eight full members excluding the Chairman.
6.3 Deliberations shall be decided by a majority of votes. The Chairman shall have a casting vote in addition to his deliberative vote.
6.4 Honorary and Associate members shall be entitled to speak at a General Meeting but shall not be entitled to a vote.
6.5 The Annual General Meeting of a Branch shall be held preferably during the month of March each year.
6.6 The Agenda for the Annual General Meeting shall include:
6.6.1 Election of office bearers for the Branch Committee.
6.6.2 Election of committee members.
6.6.3 Chairman’s report
6.6.4 Annual statement of accounts duly audited by a competent person.
6.6.5 Transaction of any other business
6.7 An extraordinary General Meeting may be convened:
6.7.1 Upon the request of the Branch Committee.
6.7.2 Upon the receipt by the Chairman of such committee of a petition signed by ten full members of the Branch.
7. THE EXECUTIVE COMMITTEE
7.1 The Cape Town and Durban Branch Committees shall each nominate three full members to form the Executive Committee of the Association and these members shall include the fiduciary officers.
7.2 The purpose of the Executive Committee is to:
7.2.1 Review the recommendations of a Branch Committee for any changes to the constitution.
7.2.2 Resolve any disputes which may arise as a result of the policy or action of any Branch.
7.3 Any Branch Committee wishing to:
7.3.1 Propose changes to the present constitution,
7.3.2 Dispute the policy or actions of another Branch,
shall, through the Honorary Secretary of the Branch, request the Chairman of either the Cape Town or Durban Branch of the Association to call a meeting of the Executive Committee to discuss the issue.
7.4 The venue for the meeting shall be decided by mutual agreement of the members of the Executive Committee.
7.5 The members of the Executive Committee will elect their own Chairman for the meeting.
7.6 The decision of the Executive Committee shall be decided by a majority of votes.
7.7 The Chairman of the Executive Committee will have a casting vote in addition to his deliberative vote.
7.8 The decision of the Executive Committee shall be binding on all Branches of the Association.
8. THE ASSOCIATION’S BLAZER, BADGE AND COLOURS.
8.1 The present blazer, badge and colours of the Association as defined hereunder; together with the name of the Association as registered under “The Protection of Names, Uniforms and Badges Act” (No 23 of 1935) shall be the blazer, badge and colours of the Association.
8.2 Any registration fee shall be paid by the Cape Town Branch of the Association.
9. COLOURS.
9.1 Blazer: On a navy-blue background, vertical green stripes in pairs. Each stripe 3mm (1/8 inch) wide and spaced 3mm apart from each other. Each pair of stripes spaced 62.5mm (2 ½ inches) from the next pair of stripes.
9.2 Badge: On an oval navy-blue ground, a laurel wreath in gold, enclosing a Field Marshal’s baton in gold, crossed with a sword, the hilt and pommel in gold, and the blade in silver. Surmounted by the Imperial Crown and Lion all in Gold, except openings in the Crown, which are red. Above this is a scroll outlined in gold, enclosing the words “EER EN PLIG” in gold lettering. Below the wreath is a scroll outlined in gold enclosing the words “HONOUR AND DUTY” in gold lettering. Below this again is a second scroll outlined in gold enclosing the words “General Botha” in silver lettering. Below this again appear the letters O.B.A. in gold. The whole design is enclosed in a green oval outlined with black markings to give a rope like effect.
9.3 Muffler : Colours are as for the blazer but the green stripes are all 4.5mm (3/16 inches) in width and the spacing varied to create a design embodying pairs and single stripes arranged alternately. The spacing between the stripes and pairs of stripes being 32mm (1 ¼ inches) and a space of 3.0mm (1/8 inch) between the stripes forming a pair.
9.4 Tie: Colours and design as for the muffler, but the stripes are placed diagonally, slopping downwards from the wearers left to right.
10. ACCEPTANCE AND PROMULGATION OF THE CONSTITUTION.
10.1 The above Constitution was approved by the Association’s Executive Committee and adopted by the Branches of the Association in General Meetings assembled at:
CAPE TOWN ON 5th April 2019 and
DURBAN ON 5th April 2019 and
AUSTRALIA ON 5th April 2019
10.2 This constitution supersedes all previous constitutions and amendments and comes into force on:
9th April 2019
SIGNED on behalf of the Association:
TONY NICHOLAS – CHAIRMAN CAPE TOWN BRANCH
