The WCFA Constitution

PREAMBLE

NOTING:

That the first organized formation of football at Regional level was established in 2006;
that the fragmentation in South African sport in general and football in particular, was caused by the policies of racial discrimination and apartheid;
that the policies of racial discrimination and apartheid based on the ideology of white supremacy over people of colour created a situation of independent existence of the various football organizations against the wishes of the majority of the football family in the country.

ACKNOWLEDGING

– the meaningful role played by heroes and heroines of our struggle against racialism and ethnicity, and the role of non-racial organizations in particular in their attempts to unify football in South Africa.

REALISING

the urgent need to fulfil the historic task of unifying the different football organizations in preparation for a united, democratic, indivisible and non- racial South Africa.

the need to defend the democratic gains and to transform South African football to be in line with democratic values underpinning the South African Constitution and to be world class.

RECOGNISING

a non-racial society in which: –

all people shall be equal before the law;
there is no oppressive interference with the rights of individuals;
athletes/players compete equally and fairly in football;
all shall have access to relevant, compulsory and equal education, adequate residential and recreational facilities in general and adequate housing in particular and have a universal franchise system determined by the will of the people;

people enjoy the principles of democracy, accountability and transparency;
all people enjoy freedom of association, freedom of movement, freedom of domicile, freedom to ownership of land, freedom to participate fully in the economy of the country and share in its wealth and live in peace, harmony and comfort.

CONFIRMING

the philosophy of non-racialism to be the guiding principle in the organization and in our endeavour to enhance unity, peace and harmony in sport in our country;

that since unification of national football structures on 23 March 1991 and re- admission to CAF and FIFA one National Football governing body was constituted;

The South African Football Association – West Coast (SAFA WC) Region was established on May 31, 2006. This was after a SAFA resolution to align its Regions/affiliates to be in line with the government demarcations of fifty-two (52) districts/regions. Initially, SAFA had twenty-five (25) Regions affiliated to the mother-body SAFA.

That the National Football Federation is part of South Africa having a new constitution which entrenches norms and values of the civilized world and a Bill of Rights;

Acknowledging that as the regional structure which is part of a United, non- racial, non-sexist and democratic country;

that the aforementioned social conditions were and still are the fundamental requirements for the entry of South African sport into the international sporting community in general, and in respect of football in particular to the FEDERATION INTERNATIONALE de FOOTBALL ASSOCIATION (FIFA) and Confederation Africaine de Football (CAF), Confederation of Southern African Football Associations (COSAFA) and South African Sports Confederation and Olympic Committee (SASCOC)

RESOLVING

to constitute the Members of the SOUTH AFRICAN SOCCER ASSOCIATION, SOUTH AFRICAN SOCCER FEDERATION, FOOTBALL ASSOCIATION OF SOUTH AFRICA and the SOUTH AFRICAN NATIONAL FOOTBALL ASSOCIATION into an indissoluble single organization under the SOUTH AFRICAN FOOTBALL ASSOCIATION and under the constitution hereby established to promote and control Association Football in SOUTH AFRICA and to give effect to the ideas set out in this preamble.

ARTICLES OF ASSOCIATION

DEFINITIONS

In this Constitution, the Rules and Regulations, unless the context indicates otherwise,

WORD/PHRASE	WHAT IT MEANS
Absolute majority	more than half of the entire membership that is eligible and entitled to vote
Annual Congress	the Annual Congress contemplated in Article 27
Associate Member	means an associate member contemplated by Article 10.5
Association Football	the game controlled by FIFA and organized in accordance with the Laws of the Game
CAF	the Confederation Africaine de Football
CAF Constitution or Constitution of CAF	the Constitution, Rules and Regulations of CAF
Close of business	by no later than 17h00 on weekdays (Mondays – Fridays) excluding weekends and public holidays
Club	a football club affiliated to the league administered by the region or member of the leagues affiliated to an LFA or associate member of SAFA West Coast
Congress	the supreme governing and legislative body of SAFA West Coast which is the highest authority;
Constitution of the Republic	the Constitution of the Republic of South Africa Act 108 of 1996 as amended from time to time
Constitution	these Articles of Association
Electoral Code	the SAFA Electoral Code referred to in Article 25.12 the provisions of which are incorporated herein by reference
Electoral Committee	the Committee referred to in Articles 25.10 – 25.12
Management Committee	means the Management Committee contemplated by Article 40;
Executive office in SAFA	the position of the President, Vice-Presidents, or a member of the Regional Executive Committee
FIFA	the Federation Internationale de Football Association
FIFA Constitution or Constitution of FIFA	the Constitution, rules and regulations of FIFA
General Secretariat	mean the administrative structure of SAFA West Coast under the REC
IEC	that body established in terms of the Independent Electoral Commission Act 150 of 1993, as amended and which is referred to in Article 25.12 and Article 25.19
IFAB	the International Football Association Board
Intermediary	a natural or legal person who, for a fee or free of charge, represents players and/or clubs in negotiations with a view to concluding an employment contract or represents clubs in negotiations with a view to concluding a transfer agreement
League	an association of football clubs participating in organised competition under the auspices of SAFA West Coast and subordinate to SAFA West Coast.
LFA	a Local Football Association contemplated by Article 10
LFA Statute	the standard SAFA LFA Statute adopted by the SAFA Congress adopted on 26 September 2015
Match Agent	A person who arrange matches between teams belonging to different or the same confederations in possession of a license issued by FIFA
Member	means a Local Football Association
Member in good standing	a member which has complied with all obligations imposed upon members by this Constitution
Office-bearer	the President and/or any other member of the REC
Officials	any elected or appointed individual including foreign nationals who is affiliated to a member or an associate member and includes all REC members, committee members, coaches, referees and attendants as well as any other person responsible for technical, medical and administrative matters at the league or club, LFA and region.
Ordinary Courts	courts of law established in terms of the laws of the Republic of South Africa and the Constitution of the Republic of South Africa
Player	any amateur football player registered with SAFA West Coast through its member
Provincial Structure	The six (6) SAFA Regions recognized by SAFA that belong to the geopolitical province of the Western Cape as defined in the Constitution of the Republic of South Africa
REC	the Regional Executive Committee contemplated by Article 32
General Secretary	the elected secretary of the SAFA West Coast region
Regulations	Regulations made in terms of t h e SAFA Constitution and this Constitution
Rules	Rules made in terms of the SAFA Constitution and this Constitution
SAFA	the South African Football Association
SASCOC	the South African Sports Confederation and Olympic Committee
Simple majority	50% +1 of the eligible members who are present in a meeting and who are entitled to vote
Special Member	the National Soccer League or The League (incorporating the Premier Soccer League)
Standing Orders	the set of rules used to conduct the business of a meeting using commonly accepted procedure as contemplated in the Standing Orders for SAFA Meetings

1. NAME, HEADQUARTERS, LEGAL FORM

1.1. The region hereby constituted shall be known as the West Coast District Football Association.

1.2. In this Constitution, the region is referred to as SAFA West Coast”.

1.3 The flag of SAFA West Coast shall consist of SAFA (blue, white, yellow), and the emblem shall be a portrayal of a football, partly overlaid with a sphere depicting the map of South Africa.

1.4. The logo of SAFA West Coast shall consist of a portrayal of a football partly overlaid with a sphere depicting the map of South Africa with the name of the region.

1.5. The flag, logo and abbreviation are legally registered in accordance with the Copyright and Trademarks laws of the Republic of South Africa.

1.6. The area of jurisdiction of SAFA West Coast shall be throughout the West Coast District Municipality.

1.7. The headquarters of SAFA West Coast shall be in Moorreesburg, or any other address that may be chosen by the region from time to time.

1.8. The date of incorporation of SAFA West Coast is 31 May 2006.

1.9. SAFA West Coast shall be a universitas with full legal personality including the rights to sue and be sued in its own name and to hold property in its own name. It is formed for an unlimited period of time.

1.10. No member or office-bearer of SAFA West Coast shall have any right to its assets nor incur any liability for its obligations.

1.11. It is recorded that SAFA West Coast is a Public Benefit Organisation (PBO) in accordance with the provisions of Section 30(3) of the Income Tax Act of 1962, as amended.

2. AIMS, OBJECTIVES AND POWERS OF THE REGION

SAFA West Coast shall have no other objectives save for the objectives provided for below and the funds the funds it raises be employed exclusively in the promotion of such objectives and provided further that SAFA West Coast’s activities shall be limited to the District.

SAFA West Coast shall have the following aims and objectives:

2.1. to carry on the public benefit activity of administering, developing, coordinating and promoting the game of football in which the participants take part in accordance with the principles as lay down in the Constitution of SAFA.

2.2. to improve the game of football constantly and promote, regulate and control it throughout the territory of West Coast in accordance with the principles of fair play and its unifying, educational, cultural and humanitarian values, particularly through youth and development programmes;

2.3. to organise competitions in association football in all its forms, by defining precisely, as required, the areas of authority delegated to the various members and leagues of which it is composed;

2.4. to draw up regulations and provisions and to ensure their enforcement;

2.5. to protect the interests of its members;

2.6. to respect and prevent any infringement of the Constitution, regulations, directives and decisions of SAFA West Coast, SAFA, COSAFA, CAF and FIFA as well as the Laws of the Game and to ensure that these are also respected by its members;

2.7. to prevent all methods or practices which might jeopardize the integrity of matches or competitions or give rise to abuse of association football;

2.8. to control and supervise all football matches of all forms played throughout its territory;

2.9. to manage regional sporting relations connected with association football in all its forms;

2.10. to host competitions at both regional and provincial levels;

2.11. to settle disputes arising between members or bodies or persons connected directly or indirectly with football within its area of jurisdiction;

2.12. to raise funds by means of subscriptions, donations and from the carrying on of any business, trade or undertaking consistent with or ancillary to its objects or is calculated directly or indirectly to advance the interests of SAFA

2.13. to acquire and develop playing facilities including the construction of stadia;

2.14. to distribute monies to its members for the protection, promotion and advancement of amateur football;

2.15. to affiliate to SAFA, the PEC and the SASCOC structure in its area namely the West Coast District Sports Council;

2.16. to do all such things as may be incidental or conducive to the attainment of the objectives or any one of them;

2.17. SAFA West Coast shall have the full power and authority to do any act, matter or thing as may be required to give effect to the aims and objectives of SAFA West Coast as described herein, including, but not limited to the following powers: –

2.17.1. to engage staff on the basis of a policy of fair employment and equal opportunities;

2.17.2. to acquire assets and enter into commitments for the promotion of its aims and objectives;

2.17.3. to confer honours and awards on individuals, in recognition of their contribution to football in the West Coast district;

2.17.4. to grant practical and financial assistance to individuals and organisations in order to enable them to promote ideas and concepts consistent with the objects of SAFA West Coast;

2.17.5. to enter into donor funding arrangements with companies or individuals and to solicit and accept fees, donations, bequests, contributions, and subscriptions for the funds of SAFA West Coast, provided however that SAFA West Coast shall ensure that no donor will derive any monetary advantage from any monies paid to and on behalf of SAFA West Coast;

2.17.6. to take, lease, purchase or otherwise acquire premises, equipment, vehicles, furniture and other property or assets, whether movable or immovable which may be deemed necessary or convenient for any of the purposes of SAFA West Coast, and in order to provide suitable equipment, accommodation and football facilities;

2.17.7. to improve, manage, develop, exchange or lease, mortgage, sell, dispose of, turn to account and grant options, rights and privileges in respect of, or otherwise deal with, or any part of the property and rights of SAFA West Coast;

2.17.8. to subscribe, grant subsidies out of, administer and invest the funds of SAFA West Coast in such manner as it may be deemed best to achieve the objects and purposes of SAFA West Coast;

2.17.9. to enter into such commercial or other transactions in connection with any trade or business of SAFA West Coast as may seem desirable for the purpose of SAFA West Coast’s affairs;

2.17.10. to borrow, or raise money in such a manner as SAFA West Coast shall deem fit, and in particular to secure payment of any money borrowed by means of mortgage, pledge, charge or lien to secure and guarantee the due performance by SAFA West Coast of any obligation or liability it may undertake;

2.17.11. to open and operate banking accounts and to draw, make, accept, endorse, sign, discount, execute, issue cheques, promissory notes, bills of exchange, bills of lading, warrants, debentures and other negotiable instruments;

2.17.12. to make rules which shall not be inconsistent with the terms of this Constitution. The Rules of SAFA West Coast shall have the same force and effect as if they were incorporated in the Articles of the Constitution;

2.17.13. to select teams for Regional and representative matches at all levels and to arrange tours and to sanction matches in and regulate the transfer of players to and from the district of West Coast in terms of the SAFA Regulations;

2.17.14. to keep or cause to be kept, true accounts of all receipts, credits, payments, assets and liabilities of SAFA West Coast and all other matters necessary for showing the correct financial state of affairs of SAFA West Coast. The accounts shall be kept in such books and in such manner as the REC deems fit and to the satisfaction of the Auditors of SAFA West Coast;

2.17.15. to appoint auditors to audit annual accounts of SAFA West Coast;

2.17.16. to inquire into the administrative and/or financial affairs of Members, and, where necessary, to recommend corrective measures in this regard, and if these measures are not implemented to take over the administrative and/or financial affairs of the member until these are placed on a satisfactory footing;

2.17.17. to appoint such sub-committees or commissions upon such terms as it may consider necessary to give effect to its powers;

2.17.18. to suspend, fine, expel, terminate the membership of, or otherwise deal with any member (LFA), club or individual, affiliated to SAFA West Coast or any of its members for infringing the Constitution, regulations, policies, principles or resolutions of SAFA West Coast, or for engaging in acts of misconduct, improper practices, misdemeanor, acts of defiance, or for bringing SAFA West Coast into disrepute.

2.17.19. to establish, subscribe or carry on through any subsidiary company any activities which SAFA is authorized to carry on and to make any arrangements whatsoever with such subsidiary company as thought fit;

2.17.20 to aid, finance or provide consultative, managerial, administrative, technical and commercial services of all kinds for all or any part of the operations of any company which is a subsidiary company of or otherwise under the control of SAFA or in which SAFA has an interest and to make payments by way of subsidy or otherwise and any other arrangements which may be deemed desirable with respect to any business or operations of or generally with respect to any such company or companies and generally to carry on the business of a holding company.

3. NEUTRALITY AND NON-DISCRIMINATION

3.1. SAFA West Coast is neutral in matters of politics and religion.

3.2. Discrimination of any kind against a Regional or Provincial structure of SAFA, any country, private person or group of people on account of ethnic origin, gender, language, religion, politics or any other reason is strictly prohibited and punishable by suspension or expulsion.

4. PROMOTING FRIENDLY RELATIONS

4.1. SAFA West Coast shall promote friendly relations between its members, clubs, officials and payers and in society for humanitarian objectives.

4.2. Every person and organisation involved in the game of football is obliged to observe the Constitution, Regulations and the principles of fair play as well as the principles of loyalty, integrity and sportsmanship.

4.3. SAFA West Coast shall provide the necessary institutional means to resolve any internal dispute that may arise between members, clubs, officials and players affiliated to members of SAFA West Coast.

5. PLAYERS

5.1. The status of players and the provisions for their transfer shall be regulated by the REC of SAFA West Coast in accordance with the current SAFA Regulations for the Status and Transfer of Players.

5.2. Players shall be registered in accordance with the regulations of SAFA West Coast. Nothing herein contained shall preclude any member from registering players of clubs affiliated to it in accordance with its own rules, which must not be inconsistent with SAFA and FIFA Regulations for Status and Transfer of Players.

6. LAWS OF THE GAME

6.1. SAFA West Coast and its members administer association football in compliance with the Laws of the Game issued by IFAB. Only IFAB may lie down and alter the Laws of the Game.

7. CONDUCT OF MEMBERS AND OFFICIALS

7.1. The members and officials of SAFA West Coast must observe the Constitution, regulations, directives, decisions and the Code of Ethics of SAFA West Coast in their activities.

8. OFFICIAL LANGUAGES AND POWERS OF THE ASSOCIATION

8.1. The official languages of SAFA West Coast shall be all the official languages in the region. Official documents and texts shall be written in one or more of these languages. In the event of any divergence between the interpretations of texts in different languages, the text written in the language approved by Congress shall be regarded as authoritative.

8.2. The official language at the Congress shall be English.

8.3. Sign language shall be used as a medium of communication.

9. ADMISSION, SUSPENSION, RESIGNATION AND EXPULSION

9.1. The Congress shall decide whether to admit, suspend or expel a member, an associate member or any official subject to due processes being followed.

9.2. Admission may be granted if the applicant fulfils the requirements of SAFA West Coast.

9.3. Membership is terminated by resignation or expulsion. Loss of Membership does not relieve the member from its financial obligations towards SAFA West Coast or other members of SAFA West Coast, but leads to cancellation of all rights in relation to SAFA West Coast or its member.

10. MEMBERSHIP

10.1. The members of SAFA West Coast are the five (5) LFAs which exist in the District Municipal area as defined by the Municipal Structures Act 117 of 1998, as amended, and as demarcated in line with the provisions of the Municipal Demarcation Act 27 of 1998, as amended as well as those determined by the Audit and Delimitation Committee), and are the following:

In the West Coast District Municipality:

BERGRIVER Municipality – Bergriver LFA
CEDERBERG Municipality – Cederberg LFA
MATZIKAMA Municipality – Matzikama LFA
SALDANHA BAY Municipality – Saldanha Bay LFA
SWARTLAND Municipality – Swartland LFA

10.2. Each member must be a representative unit for amateur football within its respective Municipality.

10.3. Where the footballing activities of a Municipal Member are organized at local level, the Constitution of the relevant member shall provide for recognition and representation of Local Football Associations which are representative units of respective localities (zones) in accordance with the relevant municipal boundaries. Each LFA shall provide for a minimum of boys under 13, under 15, under 17 competitions, men’s senior competitions and competitions for girls and women for it to be recognized by the Member as an LFA.

10.4. Each LFA shall have a written constitution which shall accord and be consistent with the standard SAFA LFA Statute.

10.5. Each member shall recognise a minimum of five (5) clubs that must conform to the relevant municipal area.

10.6. Each member may recognize an Associate Member upon application by such Associate Member and provided such application accords with the requirements set out in Article 11 below and provided further that the member is satisfied that such Associate Members is sufficiently represented within the Region.

10.7. Provided that 60% (sixty percent) representation of an Associate Member exists within the Provincial Structure, SAFA West Coast reserves the right to submit names of such Associate Members to the Annual Congress or Extraordinary Congress for recognition.

11. REQUEST AND PROCEDURE FOR ADMISSION OF MEMBERS OR ASSOCIATE MEMBERS

11.1. The procedure for admission of Members may be regulated by special regulations approved by the REC of SAFA West Coast

11.2. The application must be in writing and accompanied by the following mandatory items:

11.2.1. a copy of its legally valid Constitution and regulations;

11.2.2. a declaration that it will always comply with the Constitution, regulations and decisions of SAFA West Coast, SAFA, COSAFA, CAF and FIFA and ensure that these are also respected by its own Members, Clubs, Officials and Players;

11.2.3. a declaration that it will comply with the Laws of the Game in force;

11.2.4. a declaration that it recognises the judicial bodies of SAFA West Coast, SAFA and the Court of Arbitration for Sport (CAS) in Lausanne, as specified in these Constitution;

11.2.5. a declaration that it is located and registered in the District of the West Coast Municipality

11.2.6. a declaration that it will play all official home matches in the territory of SAFA West Coast;

11.2.7. a list of Officials, specifying those who are authorised signatories with the right to enter into legally binding agreements with third parties;

11.2.8. a declaration that it undertakes to organise or participate in friendly matches only with the prior written consent of SAFA West Coast;

11.2.9. a copy of the minutes of its last congress or constitutional meeting;

11.3. This article shall not affect the status of existing Members

11.4. The Regional Executive Committee shall request the Congress at its sole discretion either to admit or not to admit an applicant. The applicant may state the reasons for its application to the Congress.

11.5. The new Member shall acquire Membership rights and duties as soon as it has been admitted. Its delegates are eligible to vote and be elected with immediate effect.

12. MEMBERS’ RIGHTS

12.1. The Members of SAFA West Coast have the following rights:

12.1.1. to take part in the Congress of SAFA West Coast, to know its agenda in advance, to be called to the Congress within the prescribed time and to exercise their voting rights;

12.1.2. to draw up proposals for inclusion in the agenda of the Congress;

12.1.3. to nominate candidates for all bodies of SAFA West Coast to be elected;

12.1.4. to be informed of the affairs of SAFA West Coast through the official bodies of SAFA West Coast;

12.1.5. to take part in competitions and/or other sports activities organised by SAFA West Coast;

12.1.6. to exercise all other rights arising from the Constitution and regulations of SAFA West Coast.

12.2. The exercise of these rights is subject to other provisions in these Constitution and the applicable regulations.

13. MEMBERS OBLIGATIONS

13.1. The members of SAFA West Coast have the following obligations:

13.1.1. To comply fully with the Constitution, regulations, directives and decisions of FIFA, CAF, SAFA and SAFA West Coast at all times and to ensure that these are also respected by its members;

13.1.2. To ensure the election of its decision-making bodies;

13.1.3. To take part in competitions and other sports activities organised by SAFA West Coast;

13.1.4. To pay their membership subscriptions;

13.1.5. To respect the Laws of the Game as laid down by IFAB and to ensure that these are also respected by its Members through a provision in the Constitution of such a Member;

13.1.6. To adopt a clause in its constitution specifying that any dispute requiring adjudication involving itself or one of its members and relating to the Constitution, regulations, directives and decisions of the member, SAFA West Coast, SAFA, CAF and FIFA shall come solely under the jurisdiction of the appropriate dispute resolution Tribunal of the Member, SAFA West Coast, SAFA, CAF or FIFA and that any recourse to ordinary Courts is prohibited subject to Article 61.1;

13.1.7. To communicate to SAFA West Coast any amendment of its Constitution and regulations as well as the list of its Officials or persons who are authorised signatories with the right to enter into legally binding agreements with third parties;

13.1.8. Not to maintain any relations of a sporting nature with entities that are not recognized by SAFA West Coast, SAFA, FIFA or CAF; or with members or persons that have been suspended or expelled;

13.1.9. To observe the principles of loyalty, integrity and good sporting behaviour as an expression of fair play through a statutory provision;

13.1.10. To observe the mandatory items specified under Article 11.2 for the duration of their affiliation;

13.1.11. To administer a register of members which shall be regularly updated and make such register available to SAFA at all times;

13.1.12. To comply fully with all other duties arising from the Constitution and other regulations of FIFA, CAF, SAFA and SAFA West Coast.

13.2. Violation of the above-mentioned obligations by any member may lead to sanctions provided for in this Constitution.

14. SUSPENSION

14.1. Only the Congress may suspend a member or person. However, the REC may suspend a member or person that seriously violates its obligations as a member with immediate effect. The suspension shall last until the next Congress, unless the REC has lifted it in the meantime. Provided that nothing herein contained shall preclude the REC from suspending any member pending an investigation or Disciplinary Inquiry.

14.2. A suspension shall be confirmed at the next Congress by a simple majority of the votes taken. If it is not confirmed, the suspension is automatically lifted.

14.3. During the period of suspension, a suspended member shall lose its membership rights. Members may not entertain sporting contact with a suspended member or person. The Disciplinary Committee may impose further sanctions.

14.4. Members that do not participate in the activities of SAFA West Coast for one (1) year shall be suspended from voting at the Congress and their representatives shall not be elected or appointed until they have fulfilled their obligations in this respect.

14.5. The reasonable time for suspension shall be a maximum of two (2) years. Failure to follow any due processes within 3 months will render the suspension null and void.

14.6. Any imposed suspensions in excess of two (2) years must be approved and confirmed by SAFA West Coast in writing.

15. EXPULSION

15.1. The Congress may expel a member or a person, if:

15.1.1. it fails to fulfil its financial obligations towards SAFA West Coast;

15.1.2. it seriously violates the Constitution, regulations, directives or decisions of SAFA West Coast, SAFA, CAF or FIFA.

15.2. The presence of an absolute majority of eligible members entitled to vote at the Congress is necessary for an expulsion to be valid, and the motion for expulsion must be adopted by a two-third majority of the valid votes cast.

15.3. The SAFA National Office must be notified of the expulsions.

16. RESIGNATION

16.1. A Member may resign from SAFA West Coast with effect from the end of the season applicable to the member. Notice of resignation must reach the general secretariat no later than three (3) months before the end of the season applicable for that member.

16.2. The resignation is not valid until the member wishing to resign has fulfilled its financial obligations towards SAFA West Coast and the other members of SAFA West Coast.

17. STATUS OF CLUBS, LEAGUES, REGIONAL ASSOCIATIONS AND SUBORDINATE STATUS OF MEMBERS AND OTHER GROUPS

17.1. Local Football Associations, Associate Members or any other groups of members affiliated to SAFA West Coast shall be subordinate to and recognized by SAFA West Coast. This Constitution defines the scope of authority and the rights and duties of these members and groups. Their Constitution and regulations must be approved by the REC of SAFA West Coast.

17.2. The affiliated clubs and members of SAFA West Coast shall take all decisions on any matters regarding their membership independently of any external body. This obligation applies regardless of their corporate structure.

17.3. In any case, no natural or legal person (including holding companies and subsidiaries) shall exercise control over more than one club or group whenever the integrity of any match or competition could be jeopardised.

17.4. Members shall be subordinate to SAFA West Coast and must comply with this Constitution, the Regulations and any directive issued by SAFA West Coast.

17.5. No amendments to the Constitution, Rules or Regulations of any member shall be of any force and effect until the REC of SAFA West Coast has ratified it.

17.6. No provision of the Constitution or Rules or Regulations of a member or any amendment thereof which conflicts with a provision of this Constitution, the Constitution of SAFA, CAF or FIFA shall be of any force and effect until ratified by the REC as the case may be.

18. HONORARY PRESIDENT/HONORARY MEMBERS

18.1. The Congress may confer the titles of Honorary President or Honorary Member upon a person or persons who has/have rendered meritorious service to SAFA West Coast.

18.2. The REC shall make these nominations.

18.3. The Honorary President or Honorary Member may attend and participate in Congress by invitation. They may participate in the debates but are not entitled to vote.

18.4. The Honorary Members shall not be obliged to attend meetings of the REC.

18.5. The decision to confer an Honorary Member status can only be rescinded by the Congress.

19. BODIES OF SAFA WEST COAST

19.1. The bodies of SAFA West Coast shall be the following:

19.2. The Congress, which is the supreme and legislative body of SAFA West Coast.

19.3. The Regional Executive Committee, which is the executive body of SAFA West Coast and the highest authority between Congresses.

19.4. The Management Committee contemplated in article 40 below.

19.5. Standing and ad-hoc committees, who shall advise and assist the REC in fulfilling its duties. Their duties, composition and function are defined in these Constitution and/or special regulations drawn up by the REC.

19.6. The General Secretariat which is the administrative body of SAFA West Coast for the day to day running.

19.7. The judicial bodies are the Regional Disciplinary Committee which also sits as the Regional Appeals Board in relation to appeals from the LFA.

19.8. The bodies of SAFA West Coast shall be either elected or appointed by SAFA West Coast itself without any external influence and in accordance with the procedures described in this Constitution.

20. CONGRESS

20.1. Definition and composition of the Congress

20.2. The Congress represents the supreme and legislative authority of SAFA West Coast. It is the meeting at which all the Members of SAFA West Coast formally convene. Only a Congress that is properly convened has the authority to make decisions.

20.3. A Congress may be an Ordinary or Extraordinary Congress.

20.4. The President shall conduct the Congress business in compliance with the standing orders of the Congress.

20.5. The Congress may appoint observers who take part in the Congress without the right to debate or to vote.

20.6. The Honorary Presidents or Honorary Members may take part in the Congress. They may join the debates but are not entitled to vote.

21. DELEGATES AND VOTES

21.1. The Congress is composed of a number of delegates allocated as follows:

21.1.1. Each Local Football Association shall be entitled to three (3) delegates and with four (4) votes. Each LFA may either mandate their three (3) delegates to exercise its four (4) votes collectively, alternatively, to abstain from voting.

Each Associate Member shall be entitled to two (2) delegates who shall have no voting rights but who may participate in the Congress.

Delegates must be accredited by the member that they represent having been either appointed or elected by that member. Written proof of appointment or election must be provided upon written request.

Only accredited delegates present are entitled to vote. Voting by proxy or by letter is not permitted.

The members of the REC may participate in the Congress and are not entitled to vote.

During their term of office, members of the REC may not be appointed as delegates for their LFA or any other member of SAFA West Coast.

The Regional Executive Officer may participate in the Congress, but may not vote.

CONGRESS AREAS OF AUTHORITY

The Congress has the following authority:

adopting or amending the Constitution, Regulations Governing the application of the Constitution and the Standing Orders of the Congress;

approving the minutes of the last meeting;

electing the President, the Vice-Presidents and members of the REC, other than those appointed by the Local Football Associations and Associate Members;

appointing the scrutineers;

approving the Regional Executive Committee report;

appointing the independent auditors upon the proposal of the REC;

fixing the membership subscriptions;

deciding, upon the nomination of the REC, whether to confer the title of Honorary President or Honorary Member upon any person;

admitting, suspending or expelling a member, person or associate member;

revoking the mandate of one or a number of members of a body of SAFA West Coast;

dissolving SAFA West Coast;

passing decisions at the request of a member in accordance with this Constitution.

QUORUM OF THE CONGRESS
1. A quorum of the Congress shall be 50% plus 1 of the members who are in good standing and who are entitled to vote.

In the event of a quorum not being present sixty (60) minutes after a proposed time of commencement of the Congress, the Congress will be postponed the same day until two (2) weeks later, and at such postponed date whoever shall be present shall then constitute a quorum and the Congress will proceed.

A quorum is not required for the second (postponed) meeting unless any item on the agenda proposes:

the amendment of the SAFA West Coast Constitution,
the election of the REC,
the adoption of the annual financial statements,
the suspension, expulsion or dismissal of a member or person of SAFA West Coast,
the dissolution of SAFA West Coast.

DECISIONS OF THE CONGRESS
1. Unless otherwise stipulated in these Constitution, a simple majority of the accredited members in good standing who are entitled to vote is sufficient for a vote to be valid. The number of valid votes counted shall decide the majority. Spoilt or blank voting slips or any other forms of abstentions are disregarded in calculating the majority.

A decision that requires a vote shall be reached by a show of hands or by means of an electronic count. In the event that voting by a show of hands does not result in a clear majority in favour of a motion, the vote shall be taken by calling the roll in alphabetical order.

ELECTIONS

ELECTIONS OF OFFICERS

Subject to the provisions of this Article, the election of office-bearers shall be by vote of accredited delegates present at a Quadrennial Congress of SAFA West Coast.

Any person shall be eligible for election for any position of the Regional Executive Committee provided that such person is nominated by a member in good standing and complies with the eligibility provisions of the SAFA Electoral Code.

Each member present at the elective Congress shall have a vote, which shall be exercised in accordance with the provisions of Article 21, in any election of office bearers, provided that no delegate shall be entitled to vote unless the member which he/she represents is a member in good standing (refer to Article 13) and the vote to be cast represents the duly mandated position of the member on whose behalf the vote is to be cast.

Only a member in good standing shall be entitled to submit nominations for the position of President, the three (3) Vice-Presidents (of whom one shall be a woman), the General Secretary and the Treasurer.

Forty-five 45 days prior to the date of the elective Congress the General Secretary shall distribute nomination forms to the members per registered post duly certified or email.

Members shall submit the original nomination forms either by registered post duly certified or by hand duly acknowledged to SAFA West Coast’s auditor, or independent nominated person, such that they are received at least thirty (30) days prior to the date of the elective Congress. The closing date and time shall be specified in a circular distributed by the General Secretary with the nomination forms.

No nomination form will be accepted by SAFA West Coast unless: –

The nomination f o r m is signed by the President and Secretary of the member submitting the nomination; and

The nominee has submitted to the auditors, or the independent person, his/her signed acceptance of the nomination on the form provided for this purpose, or in a copy or facsimile thereof, and this signed acceptance has been received by the designated person at least thirty (30) days prior to the date of the elective Congress.

The onus shall be on the member concerned to ensure that nominations and acceptances are received by the designated person on or before the closing date.

Within seven (7) days after the closing date for nominations, the receiver shall submit a list of those persons duly nominated to the General Secretary who shall forward the list to the SAFA West Coast Electoral Committee for approval. The original nomination forms shall be retained by the designated person.

Seven (7) days after handing over the received nominations to the Electoral Committee for approval, the General Secretary shall send the approved list to all members along with the agenda for the Elective Congress.

The Electoral Committee (who shall be independent to the election), will conduct the elections in accordance with the provisions of SAFA West Coast Electoral Code.

Should there be fewer nominations for a post than there are vacancies to be filled nominations may be made from the floor. In such event no nomination will be accepted unless the nominee in question is present at the elective Congress and indicates his/her willingness to accept nomination.

The first person to be elected shall be the President. Should only one nomination be received the candidate shall be declared duly elected. Where more than one nomination is received, the election shall take place by simple majority vote. In the event of a tie, the outgoing President (or if he/she is a candidate, an outgoing Office Bearer nominated for this purpose by the outgoing Regional Executive Committee shall have a casting vote.

Following the election of the President, the three (3) Vice-Presidents at least one (1) of whom shall be a woman shall then be elected. Should only three (3) nominations be received, the candidates shall be declared duly elected. Should more than three 3 nominations for this position be received, then such elections will be determined by means of a ballot with the three (3) candidates polling the highest number of votes elected to the position of Vice-Presidents subject to at least one of whom shall be woman.

Following the election of the three (3) Vice-Presidents the General Secretary shall be elected. Should only one (1) nomination be received; the candidate shall be declared duly elected. Should more than one (1) nomination for the position be received, then such elections will be determined by means of a ballot with the candidate polling the highest number of votes elected to the position of General Secretary.
Following the election of the General Secretary, the Treasurer shall be elected. Should only one (1) nomination be received; the candidate shall be declared duly elected. Should more than one (1) nomination for the position be received, then such elections will be determined by means of a ballot with the candidate polling the highest number of votes elected to the position of Treasurer.

Following the election, the President shall announce the names of the LFA representatives on the REC, nominated for this purpose by the member in good standing.

Thereafter the Regional Executive Officer shall be announced by the President if one has been appointed by REC on such terms and conditions agreed upon in line with Labour laws of South Africa. In cases where there is no such appointment, the REC will advertise the post and appoint the incumbent on such terms and conditions agreed upon.

Should any dispute relating to an election arise during the meeting, the electoral Committee shall rule thereon, and its ruling shall be final and may not be challenged by any candidate, delegate or member.

Subject to the provisions of this Article, office bearers hold office until their successors have been elected at an elective Congress.

A vacancy in any office of the REC shall occur: –

Upon the death or resignation of a member;

If a member is absent from three (3) consecutive meetings of the REC without prior permission unless the REC, upon good cause being shown, otherwise decides;

If a member is found guilty of having conducted himself in any manner likely to prejudice the objects or activities of SAFA West Coast and/or whose conduct has the effect of bringing SAFA West Coast into disrepute;

Upon the amendment of these Constitution providing for the addition of new members;

Should the office of any member of the REC become vacant, the remaining members of the REC shall have the power to co-opt a member in his/her place until the next Quadrennial Elective Congress provided that should the office of the President become vacant, the Regional Executive shall, at its next meeting, elect the Vice President to act as President until the next Ordinary Congress.

At any Ordinary Congress which is not an elective Congress, elections will be held to fill offices that are vacant. Candidates for such elections may be nominated only in accordance with the nomination procedures of this Article. In each category of Office Bearer in respect of which there are vacancies, delegates may vote for as many candidates as there are vacancies with the required number of candidates who obtain the highest number of votes in the first round of voting being elected. In the event of a tie, the tie-break mechanisms set out in this Article for the relevant category of Office Bearer will apply.

An office bearer elected in accordance with Article 25.22 to fill a vacancy on the REC holds office until the next Quadrennial Elective Congress.

The President and General Secretary shall not serve on the executive body of any member.

ORDINARY CONGRESS / AND POLICY CONGRESS
1. The Ordinary Congress shall be held once a year.

The REC shall fix the place and date. The members shall be notified in writing at least forty-five (45) calendar days in advance.

Subject to Article 27.3, the formal convocation shall be made in writing at least thirty

(30) calendar days before the date of the Congress. This convocation shall contain the agenda, the REC activity report, the annual financial statements and the independent reviewer’s report, the minutes of the last Congress and any other relevant documents.

All delegates of members in good standing shall be entitled to speak at any General Meeting of SAFA West Coast;

The following, if present, shall be entitled to vote:

delegates appointed by each member in good standing (refer to Article 13).

Policy Congress shall be held once a year and the provisions set out below for Ordinary Congress shall mutatis mutandis apply.

ORDINARY CONGRESS AGENDA/ AND POLICY CONGRESS

ANNUAL CONGRESS

The General Secretary shall, by registered post or email, give all members at least forty-five (45) days’ notice of the date of the Ordinary Congress, which date shall be determined by the REC and shall ordinarily be a date in September.

If, by 31 July in any year, no date for an Ordinary Congress has been fixed by the REC, any member may by written notice to the General Secretary nominate a date for the Ordinary Congress between 45 and 60 days away, and the REC shall convene the Ordinary Congress for the date nominated in the first such notice s/he receives.

The General Secretary shall draw up the agenda based on proposals from the REC and the members. Any proposal that a member wishes to submit to the Congress shall be sent to the General Secretary in writing, with a brief explanation by close of business, at least thirty (30) days before the date of the Congress.

Motions to an Ordinary Congress shall be submitted to the General Secretary of SAFA West Coast in writing per registered post or by email by close of business not less than thirty (30) days prior to the date of such Ordinary Congress. The General Secretary of SAFA West Coast shall circulate all motions submitted to him/her together with the agenda for the meeting and the reviewed annual financial statements of SAFA West Coast to all members per registered post or by email not less than fourteen (14) days prior to the Ordinary Congress.

Members must forward in writing to the General Secretary the names of the delegates who will represent them at the Annual Congress. Unless such confirmation is received by the General Secretary at least seven (7) days before the meeting, the delegates in question will not be accredited and will not be entitled to participate in the meeting;

The Annual Congress may on good cause shown condone any non-compliance with the time limits set out in this Article.

The following business will be considered at each Annual Congress: –

T h e Congress agenda shall include the following mandatory items:

a declaration that the Ordinary Congress has been convened and composed in compliance with the Constitution of SAFA West Coast;
approval of the agenda;

an address by the President;

appointment of members to check the minutes

appointment of scrutineers

suspension or expulsion of members (if applicable);

dismissal of a member or a person (if applicable);

approval of the minutes of the preceding Congress;

REC activity report (containing the activities since the last Congress);
presentation of the consolidated Annual Financial Statements and reports of the Independent Reviewer for the previous year.

presentation of the budget

admission for membership as a LFA or an Associate Member (where applicable);

proposals for amendments to the constitution, the regulations governing the application of the constitution and the standing orders of the Congress (if applicable);

discussion of items proposed by the REC of SAFA West Coast or the members of SAFA West Coast as contemplated in Article 27.4;

appointment of independent accountant (if applicable) upon the proposal of the REC;

election of the President and members of the REC (if applicable);

any further items proposed by the members of the REC (if applicable)

The agenda of an Annual Congress may be altered, provided two-thirds (2/3) of the members present at the Congress and eligible to vote, agree to such a motion.

The Congress shall not decide on any point not included in the agenda.

The Agenda for the Policy Congress shall be determined by the REC and the provisions regarding notices, motions etc. shall apply mutatis mutandis as those set out for Annual Congress.

EXTRAORDINARY CONGRESS
1. The REC shall convene an Extraordinary Congress at any time when the need arises.

The REC shall convene an Extraordinary Congress if one third (1/3) of the members of SAFA West Coast make such a request in writing. The request shall specify the items for the agenda. An Extraordinary Congress shall be held within three months of receipt of the request. If an Extraordinary Congress is not convened, the members who requested it may convene the Congress themselves. As a last resort, the members may request assistance from SAFA National.

The members shall be notified of the place, date and agenda at least 30 calendar days before the date of an Extraordinary Congress.

When an Extraordinary Congress is convened on the initiative of the REC, it must draw up the agenda. When an Extraordinary Congress is convened upon the request of members, the agenda must contain the points raised by those members.

The agenda of the Extraordinary Congress may not be altered.

AMENDMENTS TO THE CONSTITUTION, REGULATIONS GOVERNING THE APPLICATION OF THE CONSTITUTION AND THE STANDING ORDERS OF THE CONGRESS

The Congress is responsible for amending the Constitution, the Regulations governing the application of the Constitution and the Standing Orders of the Congress.

Any proposals for an amendment to the Constitution must be submitted in writing with a brief explanation to the General Secretariat by a member or by the REC.

A proposal for an amendment to the Constitution shall be adopted only if two-thirds (2/3) of the members present and eligible to vote; agree to it.

When considering an amendment to the Constitution, Regulations and Standing Orders of the Congress, it shall be competent to adopt an amendment to such amendment.

The text of all amendments to the Constitution shall be forwarded to all members within 30 (thirty) days of it having been approved by Congress.

Any proposal to amend the Regulations governing the application of the Constitution and the Standing Orders of the Congress must be submitted in writing with a brief explanation to the General Secretariat by a member or by the Regional Executive Committee.

A proposal for an amendment to the Regulations governing the application of the Constitution and the Standing Orders of the Congress shall be adopted only if a simple majority of the members present and eligible to vote, agree to it.

MINUTES
1. The General Secretary shall be responsible to oversee the recording and the preparation of the minutes at the Congress. The minutes shall be checked by those members designated and shall be approved at the next Congress.

The General Secretary shall distribute the minutes of the Congress within 14 working days after the date of the Congress.

EFFECTIVE DATES OF DECISIONS

Decisions passed by the Congress shall come into effect for the members immediately after the close of the Congress, unless the Congress fixes another date for a decision to take effect.

REGIONAL EXECUTIVE COMMITTEE
Composition

The Regional Executive Committee (REC) consists of the following members:

The President;
Three (3) Vice-Presidents, one (1) of whom shall be a woman.
The Treasurer;
The Secretary;
One (1) person nominated from each member LFA to serve in the REC as its representative.
The number of the executive committee shall be a minimum of eight (8) and a maximum of fifteen (15);
A minimum of two (2) REC members must be women who shall be directly elected by Congress.

The President and the three (3) Vice-Presidents one (1) of which shall be a woman of the REC shall be elected by the Congress. Every candidate in the election of REC must be proposed by at least one member and seconded by another member.

The mandate of the REC is for four (4) years. They may be re-elected.

The members of the REC shall have been active in football, must not have been previously found guilty of a criminal offence and sentenced to a period of imprisonment without the option of a fine in the last ten (10) years, and have residency within the territory of West Coast District Municipality.

The official list of candidates must be sent to the members of SAFA West Coast along with the agenda for the Congress at which the REC will be elected as contemplated in Article 25.11.

A member of the REC may not at the same time be a member of a judicial body of SAFA West Coast.

Should a position become vacant, the REC shall fill that position until the next Quadrennial Election Congress.

MEETINGS OF THE REGIONAL EXECUTIVE COMMITTEE

The REC shall meet once a quarter with the exception of extraordinary meetings.

The General Secretary shall convene the REC meetings in consultation with the President. Should 50% of the REC members request a meeting, the General Secretary shall convene it within fourteen (14) calendar days of such request.

The General Secretary shall compile the agenda in consultation with the President. Each member of the REC is entitled to propose items for inclusion in the agenda. The members of the REC must submit the items they wish to be included in the agenda for the meeting to the General Secretary at least fourteen (14) calendar days before the meeting.

The agenda must be sent out to the members of the REC at least seven calendar days before the meeting.

The meetings of the REC shall not be held in public. The REC may, however, invite third parties to attend. Those third parties shall not have voting rights, and may only express an opinion with the permission of the REC.

The REC shall approve a meetings calendar of the various standing and other committees appointed by the REC.

POWERS OF THE REGIONAL EXECUTIVE COMMITTEE

The Regional Executive Committee (REC):

shall pass decisions on all cases that do not come within the sphere of responsibility of the Congress or are not exclusively reserved for other bodies by law or under these Constitution;

shall prepare and convene the Annual, Policy and Extraordinary Congresses of SAFA West Coast;

shall appoint the chairperson, deputy chairperson and members of the standing committees;

shall recommend to the Congress the chairperson, deputy chairperson and members of the judicial bodies;

may decide to set up ad-hoc committees, if necessary at any time;

shall compile the regulations for the organisation of standing committees and ad-hoc committees;

shall appoint or dismiss the Regional Executive Officer;

shall propose the independent accountant to the Congress;

shall decide the place and dates of and the number of teams participating in the competitions of SAFA West Coast;

shall appoint the coaches for the representative teams and other technical staff including Heads of Delegation;

shall approve regulations stipulating how SAFA West Coast shall be structured internally;

shall ensure that the Constitution are applied and adopt the executive arrangements required for their application;

may suspend, expel or dismiss a person or body of SAFA West Coast provisionally until the next Congress;

may delegate tasks arising out of its area of authority to other bodies of SAFA West Coast or third parties;

may give strategic direction to the policies of the region;

approves the budget.

approves the financial statements

DECISIONS OF THE REGIONAL EXECUTIVE COMMITTEE

The REC shall not engage in valid debate unless the absolute majority of its members are present. Once the REC meets the quorum at the commencement of the meeting, all decisions taken by the meeting shall be valid and binding.

The REC shall reach decisions by a simple majority of the members present. In the event of a tied vote, the President shall have the casting vote. Voting by proxy or by letter is not permitted.

Any member of the REC must withdraw from the debate and from taking a decision if there is any risk of a conflict of interests.

The decisions taken shall be recorded in the minutes.

The decisions taken by the REC shall come into effect immediately unless the REC decides otherwise.

DISMISSAL OF PERSON OR BODY
1. The Congress may dismiss a person or body. The REC, or a member, may place the dismissal of a person or body on the agenda for the Congress. The REC may also dismiss a person or body provisionally for a period of no longer than three (3) months. The REC or member may submit a proposal to place such a motion for dismissal on the agenda of the REC or Congress provided all due processes have been followed.

The motion for dismissal must be justified in writing and sent to the members of SAFA West Coast along with the agenda.

The person or body in question may attend the Congress and has the right to speak in his/her or its defense.

If the motion for dismissal is upheld, the Congress or REC shall reach a decision by means of secret ballot. For the motion to be passed, a majority of two-thirds of the valid votes is required.

The person or body dismissed (provisionally) must be relieved of his/her or its functions with immediate effect.

PRESIDENT
1. The President is the legal and accountable representative of SAFA West Coast.

He/She is primarily responsible for:

monitoring the implementation of the decisions passed by the Congress and the REC through the General Secretary;

ensuring the effective functioning of the bodies of SAFA West Coast in order that they achieve the objectives described in this Constitution;

overseeing the work of the General Secretary;

promoting good relations between SAFA West Coast and its members, political bodies and other organisations within its area of jurisdiction.

The President may in consultation with the REC propose the appointment or dismissal of the Regional Executive Officer.

The President shall preside over the Congress, the Executive Committee, Management Committee meetings and those committees of which he/she has been appointed chairperson.

The President shall have an ordinary vote on the Executive Committee and, whenever votes are equal, shall have a casting vote.

If the President is absent or unavailable, any of the Vice Presidents available shall deputize, and enjoy the same powers of the President. And if no Vice President is available, any member of the REC can be nominated to preside over the meeting.

Any additional powers of the President shall be contained in the internal organisation regulations of SAFA West Coast;

Performs other responsibilities assigned by the REC.

The President and REC members shall not be an owner of a club or have any interest, financial or otherwise, in any football club under the jurisdiction of SAFA West Coast.

CANDIDATE FOR THE OFFICE OF THE PRESIDENT

The President shall be elected by Congress for period of four (4) years. His/Her mandate shall begin after the end of the Congress which has elected him. A President may be re- elected.

The candidate must have served as an executive member of a local football structure or the regional structure for a minimum of at least eight (8) years;

Only members of SAFA West Coast may propose candidates for the office of the President. Members shall notify the General Secretariat, or an appointed agent for this purpose, in writing of the name of a candidate at least 30 calendar days before the date of the Congress.

The General Secretariat shall notify the members of the names of the proposed candidates at least thirty (30) days before the date of the Congress.

If the President is permanently or temporarily prevented from performing his/her official functions, one of the Vice Presidents shall represent him/her until the next Congress. This Congress shall elect a new President, if necessary.

REPRESENTATION AND SIGNATURE
1. The President and the General Secretary represent SAFA West Coast legally and are duly authorised to represent SAFA West Coast in any legal proceedings.

The President and General Secretary are duly authorized to sign for and on behalf of the Region all contractual agreements concerning important businesses of the Region.

MANAGEMENT COMMITTEE (MANCO)
1. The Management Committee shall deal with all matters requiring immediate settlement between meetings of the REC. The Management Committee will decide on matters that fall under the sole competence of the REC. It shall not be entitled to take decisions which come under the remit of other authorities and bodies of the Region without proper consultation with that body.

The Manco shall consist of the President, a Vice–President, the General Secretary and the Treasurer. The President shall convene the Manco meetings. If a meeting cannot be convened within an appropriate period of time, decisions may be passed through other means of communication. Such decisions shall have immediate legal effect. The General Secretary shall notify the REC prior to and immediately after the decisions passed by the Manco.

All decisions taken by the Manco shall be ratified by the REC at its next meeting.

If the President is unable to attend a meeting, one of the Vice Presidents shall preside.

STANDING COMMITTEES
1. The standing committees of SAFA West Coast will be clustered as follows:

Competitions Committee (senior men and women, junior boys and girls, schools)
Technical and Referee Development Committee;
Membership Affairs Committee;
Any other committee as per Art 23 to 75 of the SAFA National Constitution as may be needed from time to time on an ad hoc basis.

The chairpersons of the standing committees shall be members of the REC. Each standing committee shall consist of five (5) persons.
The members of each standing committee shall be appointed by the REC on the recommendation of the President of SAFA West Coast. The chairperson and the members of the standing committees shall be designated for a term of office of no more than four years or until the next elective Congress.

Each chairperson shall represent his/her committee and conduct business in compliance with the relevant regulations drawn up by the REC.

Each chairperson shall fix the dates of meetings in consultation with the General Secretary.

Each committee may propose amendments to its regulations to the REC.

COMPETITIONS COMMITTEE

The Organising Committee for SAFA West Coast Competitions will be responsible to:

organise and monitor the competitions of SAFA West Coast in compliance with the provisions of the Constitution and the regulations applicable to SAFA competitions;

provide and monitor the implementation of guidelines for the efficient management of all regional competitions;

advise the REC on the competitions calendar;

shall examine and approve applications for all proposed new competitions to be played within SAFA West Coast’s jurisdiction;

submit regular reports to the REC.
organise, coordinate and/or regulate the following official competitions held within SAFA West Coast territory:

The Regional League – Men;

Regional FA Cup;

Regional League – Women;

Youth Leagues

Inter-LFA Competitions;

Provincial competitions delegated to the region.

The competitions organised by the LFA members shall not interfere with those competitions organised by SAFA West Coast. Competitions organized by SAFA West Coast shall take priority.

The REC may delegate the authority to organise competitions to a 3^rd party. The REC may issue special regulations to this end.

TECHNICAL AND DEVELOPMENT COMMITTEE

The role of the Technical and Development Committee will be to:

analyse the basic aspects of football training and technical development;

seek the improvement of training methods;

take all possible measures to improve the qualifications of coaches;

resolve questions on the theory of and practice of football;

take all possible measures to promote comfort with and experience in teaching football;

organise courses and conferences for instructors, trainers, coaches and administrators;

compile material on teaching/coaching techniques for players, trainers, coaches and referees;

provide the assistance necessary for the production of didactic films;

issue memoranda from time to time regarding technical assistance and grants which have been given or are to be given towards any development project;

be responsible for editing the technical section of official SAFA West Coast publications;

recommend coaches, instructors or trainers for all national teams and Members at the Members’ request;
consider and submit proposals on promotion and development of football;

develop and maintain regulations on football pitches;

advise the REC on reports submitted by coaches of regional teams;

submit regular reports to the REC.

REGIONAL REFEREES COMMITTEE

The Regional Referees Committee will be tasked to:

supervise and monitor the implementation/ of the Laws of the Game;

make decisions and interpretations regarding the Application of the Laws of the Game;

propose to the REC any amendments to the Laws of the Game for submission to the SAFA;

compile a list of referees qualified to supervise regional and provincial matches for submission to SAFA;

appoint the referees for all matches under the jurisdiction of SAFA West Coast;

establish uniformity in methods of refereeing and implementation of the Laws of the Game in the Region;

establish uniform criteria for the inspection of referees for use by all SAFA West Coast members;

organise courses for referees and referee instructors;

draw up a list of instructors and lecturers capable of conducting courses for referees;

prepare and produce useful teaching material on refereeing;

WOMENS FOOTBALL COMMITTEE

The Committee for Women’s Football will be responsible for:

drafting and submitting proposals on policies on women football development;

dealing with all matters relating to women football;

monitoring women’s football competitions;

submitting regular reports to the REC.

YOUTH FOOTBALL COMMITTEE

The Youth Football Committee will be responsible for:

monitoring youth football competitions;

advising the REC on all matters related to youth development;

conceptualizing, guiding and coordinating the development of a comprehensive YOUTH DEVELOPMENT POLICY FRAMEWORK for the Region;

ensuring the implementation of the Regional Youth Development Framework;

advising the REC on all matters related to development of youth football at club and school levels;

ensuring the establishment of viable football structures in the regional school system;

submitting regular reports to the REC.

AD-HOC COMMITTEES AND TASK TEAMS

T h e Regional Executive Committee may, if necessary, create Ad-Hoc committees for special projects and for a specific period of time;

The convenor, the members and the terms of reference shall be set out in the resolution adopted by the REC;

Ad-Hoc committees shall report directly to the REC;

Ad-hoc Committees may, with the approval of the REC, be established as task teams of standing committees, to facilitate their work and who shall submit reports to the respective Standing Committees.

REGIONAL EXECUTIVE OFFICER (REO)

The Regional Executive Officer (REO) operates under the supervision of the General Secretary of SAFA West Coast.

The REO is the administrative head of SAFA West Coast.

He/She shall be appointed on the basis of an agreement governed by private/labour law and shall have the necessary professional qualifications.

His/Her responsibilities will be:

implementing decisions passed by the Congress and REC;
attending the Congress and meetings of the REC, Manco.
organising the Congress and meetings of the REC, Manco and other committees.
compiling the minutes for the meetings of the Congress, REC, Manco, standing and ad-hoc committees;
in conjunction with the Treasurer manage and keep the accounts of SAFA West Coast up to date;
the correspondence of SAFA West Coast;
relations with the members, committees, SAFA HQ;
the appointment and dismissal of staff working in the general secretariat.

The REO shall attend the committee meetings ex officio;

The REO shall not be a Congress delegate or a member of any body of SAFA West Coast.

The REO shall not be an owner of, or have any interest financial or otherwise, in any football club under the jurisdiction of SAFA West Coast.

JUDICIAL BODIES
1. The judicial bodies of SAFA West Coast are:

the Regional Disciplinary Committee;
the Provincial Appeals Board where one has been established or the SAFA National Appeals Board sitting in the Province from time to time as the case may be.

The responsibilities and functions of these bodies shall be stipulated in the Disciplinary Code of SAFA West Coast, which shall comply with the SAFA Disciplinary Code;

The decision-making powers of other Committees remain unaffected;

The members of the judicial bodies may not belong to any other body of SAFA West Coast at the same time.

REGIONAL DISCIPLINARY COMMITTEE

50.1 The Regional Disciplinary Committee shall consist of a chairperson and two (2) other persons. The chairperson shall have legal qualifications;

The functions of this body shall be governed by the Disciplinary Code of SAFA West Coast. The committee shall pass decisions only when at least two (2) members are present. In certain cases, the chairperson may rule alone in accordance with the Disciplinary Code of SAFA West Coast;

The committee may pronounce the sanctions prescribed in these Constitution and the Disciplinary Code of SAFA West Coast on members, clubs, players and officials.

These provisions are subject to the disciplinary powers of the Congress and the REC with regard to the suspension and expulsion of members and/or persons.

REGIONAL APPEALS
1. Appeals from the Regional Disciplinary Committee shall be referred to the relevant Provincial Appeals Committee where such an Appeals Committee has been established. Where no Provincial Appeals Committee has been established, appeals from the Regional Disciplinary Committee shall be referred to the SAFA National Appeals Board.

Appeals from Local Football Association shall be referred to the Regional Disciplinary Committee sitting as the Regional Appeals Board.

DISCIPLINARY MEASURES

The disciplinary measures are primarily:

for natural and legal persons:
1. a warning;
2. a reprimand;
3. a fine;
4. the return of awards.

for natural persons:
1. a caution;
2. an expulsion;
3. a match suspension;
4. a ban from the dressing rooms and/or the substitutes bench;
5. a ban from entering a stadium;
6. a ban on taking part in any football-related activity.

for legal persons:
1. a transfer ban;
2. playing a match without spectators;
3. playing a match on neutral territory;
4. a ban on playing in a particular stadium;
5. annulment of the result of the match;
6. expulsion;
7. a forfeit;
8. deduction of points;
9. relegation to a lower division.

DISPUTE RESOLUTION PROCEDURE
1. Everybody or individual falling under the jurisdiction of SAFA West Coast shall ensure that any dispute that it has with a body or individual falling under the jurisdiction of SAFA West Coast is resolved in accordance with the dispute prevention and resolution procedures set out in the Constitution, Rules and Regulations;

Where no specific dispute prevention or resolution procedures are set in the Constitution, Rules and Regulations, or where any member or an affiliate of a member, or individual prefers to, disputes may be referred directly to the Regional office for arbitration as a resolution. It is specifically provided that where LFA members or its affiliates or individual opts for arbitration, the REC will guide or resolve the impasse.

Subject to the Constitution of the Republic, and save in circumstances where there is a need for urgent relief of a sort which cannot be obtained through the dispute resolution procedure contemplated by this Article, nobody or individual falling under the jurisdiction of SAFA shall approach a Court of Law to decide on a dispute it has with a body or individual affiliated to SAFA West Coast;

JURISDICTION
1. SAFA West Coast, its members, member affiliates, players, officials will not take any dispute to Ordinary Courts unless specifically provided for in these Constitution and SAFA West Coast regulations;

SAFA West Coast shall have jurisdiction on internal LFA disputes, i.e. disputes between parties belonging to SAFA West Coast or its members. Including foreign nationals, registered by SAFA West Coast to participate in the competitions of SAFA West Coast.

FINANCIAL MATTERS

SAFA West Coast shall be conducted on a non-profit basis, with the intent and purpose that its capital and income, however derived shall be applied solely towards the promotion of its objects, and no portion thereof shall be paid or transferred directly or indirectly, (whether by salary, dividend, bonus or otherwise howsoever) by way of profit or distribution to any of the members of SAFA West Coast or their office bearers or members, provided that nothing herein contained shall preclude the payment in good faith to a member or any other person of:

Reasonable remuneration for the services actually rendered for or on behalf of SAFA West Coast;

reimbursement of actual costs, expenses and other commitments incurred on behalf of SAFA West Coast;

payment of gratuity and/or pension on the retirement of any person who was previously employed by SAFA West Coast;

payment of honoraria to REC members on a basis to be determined by the REC and approved by the Ordinary Congress;

other expenses approved by the Congress and expenses that the REC is entitled to incur within the scope of its authority;

all other expenses in keeping with the objectives pursued by SAFA West Coast.
The financial year of SAFA West Coast shall be from 01 July to 30 June the next year;

The signatories shall be any two of the three (3) duly authorised by SAFA West Coast.

The financial resources of SAFA West Coast shall include, but not be limited to:

Annual subscription fees of Members;

Regional competition entry fees;

Player Registration fees;

Donations, subject to section 30(3)(b)(v) of the Income Tax Act 58 of 1962;

Loans;

State grants;

Returns on investments;

Interest on loans;

Proceeds of sales of assets;

Radio and electronic broadcasting rights.

SAFA West Coast may invest and otherwise deal with the moneys of SAFA West Coast not immediately required for its purpose, in or upon such investments, securities or property as may be thought fit, in its absolute discretion, with the power to vary or transpose any investments for or into others of any nature or subject;

SAFA West Coast may retain any investment which is donated or bequeathed to it in the form that it was so donated or bequeathed;
The Treasurer and General Secretary/REO are responsible for drawing up the annual consolidated accounts of SAFA West Coast as at 30 June;

The revenue and expenses of SAFA West Coast shall be managed so that they balance out over the financial period.

INDEPENDENT REVIEW
1. The independent accountant appointed by the Congress shall audit the accounts approved by the REC in accordance with the appropriate principles of accounting and present a report to the Congress;

The accountant shall be appointed for a period of 2 (two) years. This mandate may be renewed.

MEMBERSHIP SUBSCRIPTIONS
1. Membership subscriptions are due on 1 July;

The annual subscription for new members for the year in question shall be paid within 30 days of the close of the Congress at which they are admitted;

The Congress shall fix the amount of the annual subscription every year on the recommendation of the REC.

SETTLEMENT
1. SAFA West Coast may debit any members account to settle claims.

LEVIES
1. SAFA West Coast may determine and demand that a levy be paid by its members for matches.

CLUB LICENSING
1. SAFA West Coast shall operate a Club Licensing system in accordance with the principles of the Club Licensing Regulations of SAFA;

The objective of the Club Licensing system is

to safeguard the credibility and integrity of club competitions,
to improve the level of professionalism,
to promote sporting values in accordance with the principles of fair play as well as safe and secure match environments, and
to promote transparency in the finances, ownership and control of Clubs.

RIGHTS
1. SAFA West Coast and its members are the original owners of all of the rights emanating from competitions and other events coming under their respective jurisdiction, without any restrictions as to content, time, place and law. These rights include, among others, every kind of financial rights, audiovisual and radio recording, reproduction and broadcasting rights, multimedia rights, marketing and promotional rights and incorporeal rights such as logos, emblems, trademarks and other rights arising under copyright law;

The REC shall decide how, and to what extent, these rights are utilised and draw up special regulations to this end. The REC shall approve whether these rights shall be utilised exclusively, or jointly with a third party or entirely through a third party.

AUTHORISATION
1. SAFA West Coast and its members are exclusively responsible for authorising the distribution of image and sound and other data carriers of football matches and events coming under their respective jurisdiction, without any restrictions as to content, time, place, technical and legal aspects.
REGIONAL MATCHES AND COMPETITIONS

The authority for organising regional matches and competitions between teams affiliated to different Local Football Associations, between leagues and/or club teams lies solely with SAFA West Coast. No match or competition shall take place without the prior permission of the SAFA West Coast REC.

SAFA West Coast is bound to comply with the national match calendar compiled by SAFA

CONTACTS
1. SAFA West Coast, or its members, shall not play matches or make sporting contacts with organisations that are not members of SAFA West Coast, or any other SAFA affiliate without the approval of SAFA West Coast.

APPROVAL
1. Clubs affiliated to a SAFA West Coast member cannot belong to another region or participate in competitions on the territory of another SAFA affiliate without the authorisation of SAFA West Coast and the other SAFA affiliate or SAFA, except in exceptional circumstances.

UNFORSEEN CONTINGENCIES AND FORCE MAJEURE
1. The Regional Executive Committee shall have the final decision on any matters not provided for in these Constitution or in cases of force majeure.

Subject to the Constitution of the Republic, should this Constitution be silent on any matter that may arise, the Constitution of SAFA, FIFA and CAF shall apply, in that order, and if they too are silent the Regional Executive shall give a ruling on such matter, which shall be final and binding.

DISSOLUTION

SAFA West Coast may, by resolution at an Extra Ordinary Congress called solely for this purpose, dissolve the region;

A resolution to dissolve the region will be of no force and effect unless:

it is carried with the support of seventy-five percent (75%) of the total number of votes which would have been capable of being cast if every member in good standing at the date of the Extraordinary Congress concerned, had been fully represented at that meeting; and

it specifies a Public Benefit Organization or organisations approved in terms of section 30 of the Income Tax Act 50 of 1962, as amended, and sharing some of the aims and objectives of SAFA West Coast to whom whatever property, capital and accrued income of SAFA West Coast remains upon the winding up or dissolution of SAFA West Coast, shall be distributed after satisfaction of all debts and commitments of SAFA West Coast and the proportions in which any such property, capital or accrued income shall be distributed to such organizations.

If SAFA West Coast is disbanded, its assets shall be transferred to an organisation with similar status and objectives as SAFA West Coast. It shall hold these assets in trust as bonus pater familias until SAFA West Coast is re-established. The final Congress may, however, choose another recipient for the assets on the basis of a two-thirds majority.

ENFORCEMENT
1. This Constitution was adopted at the SAFA West Coast Constitutional Congress held on 29^th October 2017 at Laaiplek and will come into force immediately.

INDEMNITY
1. The officials of SAFA West Coast are indemnified against all losses, charges, costs, damages and all other expense and liability they may incur or be put to concerning the bona-fide execution of their duties as officials of SAFA West Coast.

RULES
1. SAFA West Coast may, by a simple majority of votes cast at a Congress, adopt Rules consistent with this Constitution;

Any Rules made in terms of Article 67.1 may be amended or repealed by a simple majority of votes cast at a Congress;

Save as is set out in Articles 67.1 above, all Rules shall be deemed to form part of these Constitution and shall be binding on the Region, its members and all clubs and persons falling under the jurisdiction of SAFA West Coast and its members.

REVIEW AND RESCISSION
1. Members shall have the right to move a motion to review and rescind any resolution of SAFA West Coast. Notice of such motion may be given at the meeting at which the resolution is adopted and must be moved at the following meeting of SAFA West Coast on pain of lapsing.

If such notice is not given at the meeting at which the resolution is adopted it must reach the General Secretary of SAFA West Coast thirty (30) days prior to the meeting at which it is to be moved, and the General Secretary shall inform all affiliates thereof at least fourteen (14) days prior to that meeting;

No resolution may be rescinded unless two-thirds (2/3) majority of the affiliates present and empowered to vote are in favour of the rescission;

Upon the rescission of a resolution SAFA West Coast shall have the power to pass a fresh resolution as it deems fit;

No resolution may be reviewed more than once in any calendar year.

NOTICES

For the purposes of these Constitution and the Rules and Regulations:

any document sent by registered mail shall be deemed to have been received within seven (7) working days of same having been posted;

any document proven to have been faxed successfully to a fax line shall be deemed to have been received at the address of that fax line within one (1) working day of same having been faxed;

any document proven to have been sent successfully by e-mail to an e-mail address shall be deemed to have been received by the owner of that e-mail address within one (1) working day of same having been successfully sent.

Last updated: 29 October 2017