SWDMCA CONSTITUTION

Amended: April 2023

Table of Contents

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1. NAME OF THE SWDMCA

1. The name of the organisation shall be: South Western Districts Motorcyclists Association and shall be abbreviated as SWDMCA.
2. A badge, which shall read South Western Districts Motorcyclists Association, will be made available to each fully paid up member of the SWDMCA.
3. All the SWDMCA members are encouraged, but not compelled, to wear the badge.

2. OBJECTIVES OF THE SWDMCA

The objectives of the SWDMCA shall be:

1. To serve and unite the Motorcyclist Clubs and Groups in the Southern Cape.
2. To mediate impartially in disputes between Motorcyclist Clubs, Groups or members.
3. To promote and improve the image of motorcycling to the general public of South Africa.
4. To implement safety measures at events for the benefit of all motorcyclists and the public.
5. To function as an organised body, not for gain.
6. To operate as a non-racial, a non-political and a non-denominational body, and to reserve the right of admission.
7. To liaise as a body between international clubs, associations, unions, etc.

3. MEMBERSHIP OF THE SWDMCA

1. Membership of the SWDMCA shall be open to any Motorcyclist Club within the boundaries of SWDMCA district.
2. The boundaries of the SWDMCA district will be — the geographical area known as the Southern Cape including Plett to Swellendam (incl Witsand). Klein Karoo and Karoo including Beaufort West and Langkloof.
3. Those that are outside the boundaries shall join the Association closest to them.
4. In the event of a Motorcyclist club not wanting to join the Association closest to them, they can do application in writing to the SWDMCA stating the reasons (1) for not joining the closest Association (2) if apast member of the said Association, reason for leaving.
5. In the event of a club’s National Exec deciding that club chapters cannot join the local council, such a chapter can be allowed to become an Observer Club. Observer Clubs still pay the annual membership fee in the form of a donation to the SWDMCA and in turn gains the right to sit in and participate in meetings. This will enable chapters to stay up to date with happenings in die SWD region. Observer Clubs will have no voting rights.
6. The representative of any such Club at the SWDMCA meeting shall make application for full and binding membership. Individuals will be required to do so in person.
7. Any motorcycle club that would like to join the SWDMCA should be operating for six months before applying for membership.
8. Leave of absence will be granted to a SWDMCA member if the SWDMCA member is in good financial standing with the SWDMCA and if the SWDMCA member has a valid reason for the absence as determined by the SWDMCA Committee. Leave of absence will be granted for no longer than 6 months.

4. APPLICATION PROCEDURE FOR MEMBERSHIP OF THE SWDMCA

1. Applicants shall follow the following procedure:
(a) Attend the first meeting to observe.
(b) Attend the second meeting to receive an application form and constitution.
(c) Attend the third meeting to hand in application form, full club list (with phone numbers and e-mail addresses) if joining as a club and a signed SWDMCA constitution.
(d) Registration Fee (R150.00) and Membership fees to be paid to the SWDMCA at the third meeting.
(e) The SWDMCA Committee shall visit the new applicant in the month after the third meeting.
(f) Attend fourth meeting to be voted in. If a written objection is raised regarding the application, the application will then be reviewed. No new applicant will be voted in or attended to, if above mentioned documentation has not been received by the SWDMCA. If an application is not successful the membership fee will be refunded.
2. When a guest or applicant shows no interest in joining the SWDMCA after the third meeting, they will not be allowed to attend any further meetings.
3. If, during the aforementioned, the club miss one meeting, they need to re-apply to join.

5. MEMBERSHIP FEES OF THE SWDMCA

1. At the first General meeting of the year, each member club and individual and business shall pay an annual membership fee as proposed by the SWDMCA Committee. Current Fees will be R500 per annum.
2. Membership fees to be paid not later than the April meeting of each year.
3. Membership fees not paid in full by the May meeting will result in termination of membership. If the party involved wishes to re-join they will need to re-apply as stated in section 4 of this document.
4. Membership fees will be used for the benefit of the members.
5. Annual membership fee may only be amended at the AGM by a majority vote of the members present.
6. The financial year of the SWDMCA will be from 1 March to 28 February.
7. The SWDMCA shall ensure that all funds are deposited into a bank account in the name of the Motorcyclists Association of the Southern Cape or as other decided by the committee.
8. Three SWDMCA Committee members will have signing power to the SWDMCA bank account. Two of these signatories must at all times sign any and all relevant documentation.
9. An external auditor will audit the SWDMCA financial records on an annual basis.
10. All members have the right to vote on any matters requiring a vote, provided that these members are in good financial standing with SWDMCA.

6. MEMBERSHIP OBLIGATIONS OF THE SWDMCA

The obligation of each SWDMCA member shall be as follows:

1. To abide by the regulations, guidelines and amendments as set out and agreed upon by the SWDMCA.
2. To promote the good spirit and fellowship among all motorcyclists.
3. To respect the safety and property of all fellow motorcyclists and the general public.
4. To abide by the law and maintain a reasonable standard of behaviour.
5. To support fellow members in the motorcycling community.
6. Loyalty & support is at the discretion of each individual member.
7. Each SWDMCA member shall be under the following obligations: regular attendance of meetings, prompt payment of fees and participation in SWDMCA activities.
8. All members shall be obligated to conduct themselves in a manner reflecting a favourable image of the SWDMCA at all times. Failure to do so can result in Disciplinary Action, as set out in section 7.
9. Any change of contact information, for whatever reason, shall be sent to the secretary of the SWDMCA whom will amend the relevant details and distribute.

7. DISCIPLINE OF MEMBERS OF SWDMCA

The failure of any member or members of such member club or business, to abide by the regulations, guidelines and amendments as set out and agreed upon by the SWDMCA shall result in the following action:

a) The immediate notification in writing to the member club or individual or business concerning the member(s) or individual member(s) of such member club or business disregard for regulations and I or guidelines and / or amendments.
b) Such notification shall request the following action to be taken depending on the nature and frequency of incidents as decided by the committee:
• A formal apology to the SWDMCA by individual member(s), or member club.
• Denying entry to SWDMCA sanctioned events, of individual member(s) or the entire member club.
• Suspension of membership to the SWDMCA.
• Termination of membership to the SWDMCA.
c) Any member who fails to meet the Membership obligations or requirements of the SWDMCA shall be suspended or have its membership terminated: If the club/ individual or business fail to follow the joining procedure and misses the mandatory 3 meetings, they will have to start from scratch as set out in section 4. Leave of absence will be granted for no longer than 6 months.

8. TERMINATION OF MEMBERSHIP TO THE SWDMCA

1. A 50 % plus one vote taken at a legitimate SWDMCA meeting may decide on the termination of a member’s membership of the SWDMCA. The acting Chairman or Vice-Chairman shall chair this meeting, except where the committee decided that the severity of the incident needs immediate action. In this case the SWDMCA committee will have the power to implement disciplinary actions as stipulated in section 7.2
2. Member Clubs walking out of meetings and stating that they are resigning, terminate their membership with immediate effect. If an application for re-admittance is lodged, the Executive Committee members shall reconsider the application.
3. If any member terminates their membership, they forfeit all benefits and privileges provided by the SWDMCA with immediate effect.
4. If an existing member club is a chapter and for any reason resigns from the parent body or changes its club name, this club shall be dealt with as a new application. If a club forms a new chapter, that chapter will not have to re-apply for membership to the SWDMCA. This chapter, if conforms to the membership criteria, will automatically be a member of the SWDMCA and will be subjected to all the procedures and onies as stipulated in this document.
5. If an existing member club resigns from the SWDMCA and decides to join again at a later stage, that club will follow the joining procedures as stipulated in section 4.

9. COMMITTEE STRUCTURE OF THE SWDMCA

The SWDMCA Committee shall consist of the following elected members:

President:
1. Shall uphold the SWDMCA constitution.
2. Shall act on behalf of the SWDMCA in coordinating the SWDMCA Committee and ensure the longevity of the SWDMCA through whatever commercial or charitable means required.
3. Has a casting vote in the event of a split decision.
4. To chair all meetings as impartially as possible.

Vice President:
1. To fill in for the Chairman wherever necessary.
2. To liaise with and guide various sub Committees.

PRO:
1. To actively promote the positive image of the SWDMCA at all times.
2. Foster inter-club and SWDMCA to club communication and vice versa.
3. To generate income from outside sources.
4. To uplift the status of the biker community and promote the SWDMCA’s objectives.
5. Get clubs, firms and businesses and sponsors interest in the SWDMCA.
6. Advertising of SWDMCA via Flyers and promotions, radio, newspapers & magazines.
7. Meetings with public firms, Government bodies and Businesses to gain support and deals for the SWDMCA.
8. Responsible for SWDMCA member’s events and associated advertising.
9. Making sure all events are correct on the website.
10. Getting clubs flyers and placing it on the website.
11. Get all information regarding upcoming events and advertise it accordingly.
12. Send out a weekly reminder on events and news pertaining SWDMCA.

Treasurer:
1. To provide financial statements at all monthly meetings.
2. To attend to all day-to-day running of the SVVDMCA bank account.
3. To ensure an outside audit is done in the month of March of every year.
4. Ensure that all SWDMCA accounts are paid on time.

Secretary:
1. Secretary responsible for all admin work and general secretarial duties.
2. Will keep the President and Chairman informed and ensures relevant communication flow to the SWDMCA Committee.
3. To ensure that all SWDMCA correspondence is kept on record.
4. To take minutes at all monthly meetings and special meetings.

Club leaders/ Members: 2 representatives of each club:
1. To assist any portfolio member where necessary.
2. To assist in the control of the attendance registers of meetings.
3. To assist in the control of the distribution of event and promotional flyers at meetings and events.
4. To control guests entering meetings.
5. Assist in PRO functions.
6. Distributing of SWDMCA flyers, banners and info.

Webmaster:
1. Responsible for the maintenance and upkeep of the SWDMCA website and mailing lists.
2. The Webmaster shall be appointed by the SWDMCA Committee. It will be expected of the Webmaster to attend all Committee and general meetings in order to stay updated with affairs of the SWDMCA.
3. These functions can also be handled by the PRO.

10. SWDMCA COMMITTEE AUTHORITY

1. The SWDMCA Committee shall have power to nominate other members, should it be deemed necessary, to serve on the Committee. The floor will approve this appointment.
2. The SWDMCA Committee is only a voice for its members. The Committee is not here to dictate to any of the member Club Presidents as to how to run their clubs.
3. All decisions made by the SWDMCA Committee at special meetings that are not pertaining to the SWDMCA as a whole are final and binding.
4. Any SWDMCA Committee member, who is absent from more than two consecutive meetings of the Committee without notice, shall cease to be a Committee member, provided that the Committee may grant a member leave of absence from not more than three consecutive ordinary meetings of the Committee.

11. CODE OF CONDUCT FOR MEMBERS

The code of conduct shall be binding on members and office bearers of the SWDMCA. The following rules of conduct shall be observed:
1. Members shall at all times conduct themselves at meetings in a dignified and orderly manner. Any member who persists in conducting himself / herself inappropriately shall leave the meeting immediately when so ordered by the President.
2. All members shall comply with the aims, objectives and the constitution of the SWDMCA.
3. No member shall conduct himself / herself in such a manner as to bring the SWDMCA into disrepute.
4. No member shall influence or attempt to influence the SWDMCA in its consideration of a decision on any matter before it so as to gain some direct or indirect benefit, whether in money or otherwise for himself or herself or any other person or body with whom or which he or she is associated.
5. No member shall directly or indirectly accept any gift, reward or favour whether in money or otherwise, as a consideration for voting in a particular manner on any matter before the SWDMCA.
6. No member shall use office facilities and or equipment belonging to the SWDMCA for his or her personal use.
7. No member shall be allowed to expose firearms or weapons at any gathering.
8. Verbal & physical abuse or disrespect, in any form, directed to the SWDMCA Committee and / or club and / or individual, will not be tolerated at any time.

12. MEETINGS OF THE SWDMCA

1. General meetings shall be held every six weeks and at a date determined by the Executive Committee or as otherwise decided by the committee.
2. Each member should complete the attendance register at each meeting. Members that do not complete the register shall be marked as absent.
3. Apologies for not attending a meeting should reach the secretary before the start of the meeting.
4. When a member is absent from three consecutive meetings, without an apology, they will be summoned to a disciplinary meeting, after which a letter of dismissal, if applicable, will be sent to this Club and / or individual and / or business.
5. Each monthly meeting to be opened with a minute of silence or when deemed necessary.
6. Meetings may not be held if a quorum is not present. A quorum is 50% plus one of the existing paid up members at that time.
7. Special meeting with the Executive Committee, before a monthly meeting or otherwise, shall be arranged with the Secretary. No person or club will be attended to unless procedures are followed. No meeting will be held without notification from the parties involved.
8. Member clubs should make sure that responsible people attend the monthly meetings and that these reps report back to their clubs ASAP. Only two members per club shall be allowed to attend a monthly meeting.
9. The SWDMCA committee will decide if visiting non-member can attend an entire meeting.
10. Members will wear colours at meetings.

13. AGM AND ELECTION OF SWDMCA COMMITTEE

1. The quorum of the AGM, which is held each year in December, shall be 50% plus one of all paid-up members present.
2. The existing Committee shall each submit a final report for the term of office.
3. The Chairman shall thank the Committee and ask them to step down.
4. The Chairman shall ask for an Electoral Officer to take over until a new Chairman is elected.
5. The Secretary should receive new nominations, in writing, for the SWDMCA Committee two weeks before the Annual General Meeting. Any person fit for the position can be nominated for a council position, regardless of rank in his own club.
6. The Electoral Officer shall read out nominations for the new Committee.
7. Each nominated member shall be appointed by a ballot vote.
8. The following sequence shall be followed: Chairman, Vice-Chairman, PRO, Treasurer, and Secretary.
9. The Electoral Officer shall decide the vote should there be a split decision on the nomination for President.
10. The new President shall decide the vote should there be a split decision on the nomination of any other Committee members.
11. The new Committee shall immediately take office once elections are completed.
12. Flashes / Badges for council positions shall be made available to the council members. The wearing of these flashes is not compulsory.

14. TERM OF OFFICE OF THE SWDMCA COMMITTEE

1. Elections will be held every second year at the AGM, to elect the SWDMCA Committee. Members of the SWDMCA Committee will serve for a minimum of two years.
2. Any SWDMCA Committee member, including the Chairman, may be relieved of office by calling an emergency meeting which shall be attended and chaired by the Chairman and / or Vice-Chairman, as well as 50 % plus one of all fully paid up members present.
3. In the event of an SWDMCA Committee member and / or Chairman and / or Vice-Chairman being relieved of his / her position at this meeting, immediate election for a replacement shall take place.
4. Should the Chairman not complete his full term of office, for whatever reason, the Vice-Chairman shall automatically fill the position till the next AGM.
5. When an SWDMCA Committee member resigns during his I her term of office the SWDMCA Committee will elect a new member to fill this opening until the next AGM.

15. AMENDMENTS TO CONSTITUTION

1. This constitution may only be amended and adopted, if application is made in writing, two weeks before the Annual General Meeting, by 50 % plus one vote taken by all current fully paid up members.
2. All members to hand in a signed copy of the SWDMCA constitution, with each page initialled, at the March meeting of each year. Immediate termination of membership shall follow if this document is not handed in by the May meeting at the latest.

16. EVENTS CALENDAR OF THE SWDMCA

1. The SWDMCA shall co-ordinate an annual calendar of dates for rallies held by members of the SWDMCA and publish all function dates for all motorcycle clubs in South Africa, stipulating SWDMCA dates.
2. Dates vacated by SWDMCA members to make event list lighter shall be used by the SWDMCA Committee, at their own discretion.
3. The SWDMCA shall host fund raising events.
4. SWDMCA members should avoid clashing of event dates except when arranged prior to functions with all parties concerned and with permission from the Committee.
5. SWDMCA clubs who wish to host a rally will get preference in summer time, at beginning of each year. Function dates paid for and booked will not be asked to change dates.
6. When a member would like to host a function, the PRO in conjunction with the SWDMCA Committee must first approve the date.
7. The SWDMCA shall co-ordinate and liaise with organisations or individuals that want to stage rallies or events for the purpose of fund raising. These organisations or individuals shall specify their charity’s intentions.
8. Every Club hosting a day function or Rally should contribute 5% of the profits towards a ”Buddy Fund” which sole purpose will be to benefit SWD riders injured in accidents. These funds will be held separate from the SWDMCA fees and will be used in the discretion of the Council and members to benefit riders in need.
9. The allocation of these day events and placement on the calendar should be liaised with the PRO / Secretary.

17. GENERAL

1. All relevant SWDMCA information, including the events calendar, shall be published on the Website.
2. All privileged SWDMCA info sent out to members is for the benefit of members only.
3. The SWDMCA shall provide advertising for SWDMCA members only.
4. All other advertising rates will be at the discretion of the SWDMCA Committee.
5. The onus rests on each member to abide by the Road Traffic Act.
6. SWDMCA equipment may be hired by a member and will be replaced at own cost, if lost or damaged.
7. Only written, faxed or e-mailed correspondence addressed to the SWDMCA will be attended to.
8. The members shall pursue all complaints, disputes or claims in accordance with the terms and conditions of the above said rules of procedures and agree to be bound by the decision thereof.
9. When an SWDMCA member resigns from an existing SWDMCA club, the SWDMCA advises that the member do a 6 months cooling off period before joining another motorcyclist club except where the previous President and the new President can come to an agreement, as per protocols.
10. The SWDMCA will continue to exist even when its membership changes and there are different office bearers.

18. NEW CLUBS & CHAPTERS / SWD TASK TEAM

A SWD TASK TEAM (SWDTT) has been established and mandated to deal with new clubs and chapters wishing to start up in the region. The SWD Task Team will operate as an independent body under the auspicious of the SWDMCA to regulate, educate and screen new club applications and will be the only body empowered to deal with new applications for clubs. The SWDTT shall consist of one member of each recognized club in the SWD region (whether the club is council affiliated, observer or not), preferably a President, Sargent @ Arms or VP, but can be any nominated member. The Task Team will monitor new clubs from the moment the application for registration is received up to the fulfilment of the per-requisite probation period before such a club will be properly recognized and has the full authority to impose the necessary sanctions on those clubs who refuse to follow protocol.

19. INTERPRETATION

1. Save where the context otherwise requires, singular words shall be deemed to import the plural and vice-versa and the masculine gender shall be deemed to include the feminine and vice-versa.
2. The word “member” could also be interpreted as meaning “club”.

20. DISBANDMENT

Upon the winding up of the SWDMCA, any assets remaining after satisfaction of the liabilities of the SWDMCA, shall be distributed among such other organisations, having as their objects the development and upliftment of underprivileged communities and persons in the broader Southern Cape area, and which are authorised to collect contributions in terms of the fund-raising Act 107 of 1978, as may be decided upon by the members at the meeting at which it was decided to terminate the SWDMCA.

The organisation shall:

• Exist in its own right, separately from its members.
• Be able to own property and other possessions.
• Be able to sue and be sued in its own name.

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