CAPE TOWN METRO AQUATICS
(AFFILIATED TO WESTERN CAPE AQUATICS
AND SWIMMING SOUTH AFRICA)
Table of Contents
1. PREAMBLE 3
2. DEFINITIONS 3
3. OBJECTIVES 5
5. GOVERNING PROVISION 6
6.1 CLUBS 7
6.2 INDIVIDUAL MEMBERS 8
6.3 COACHES AND TEACHERS 9
6.4 ASSOCIATE MEMBERS 9
8. AWARDS 10
8. GENERAL 10
9. TRANSFER – 11
10. REGISTRATION AND FEES 12
10.1 CLUBS AND ASSOCIATE MEMBERS 12
10.2 INDIVIDUAL MEMBERS 13
11. ADMINISTRATION 13
11.1 THE DISTRICT COUNCIL 13
11.2 BOARDS AND COMITTEES – EXECUTIVE COMMITTEE 14
11.3 MEETINGS 15
12. BOARDS AND COMMITTEES 17
13. FINANCE 18
14. COLOURS AND EMBLEM 19
16. HEADQUARTERS 19
17. SANCTIONS 19
18.DISPUTES/DISCIPLINARY MATTERS 20
19.DISQUALIFICATION / SUSPENSION 21
20. APPEALS 21
21. CHANGES TO THE CONSTITUTION 22
22. BY-LAWS AND RULES 22
23.LAWS GOVERNING THE SPORT 22
24. INTERPRETATION OF LAWS 23
25. LAWS GOVERNING THE SPORT 23
26. RULES AND ALTERATIONS 24
27. DISSOLUTION 24
28. GENERAL 24
1.1 Cape Town Metro Aquatics, also referred to as CTMA, is the official body responsible for the aquatics disciplines of Diving, Open Water Swimming, Swimming (including Masters), Synchronised Swimming, Water Polo (including Masters) in the District of Cape Town Metro, Western Cape.
1.2 CTMA is affiliated to Western Cape Aquatics (WCA) and Swimming South Africa (SSA), which is the recognised national body governing the above disciplines in South Africa.
1.3 Words importing the masculine gender shall include the feminine gender, except in the specification of a competition being for male or female competitors.
1.4 CTMA shall seek membership of Cape Town Sports Council.
1.5 The official language of CTMA shall be English.
1.6 Where the context so requires, words of a plural nature shall include the singular and the singular shall include the plural.
1.7 Unless contrary to the provisions of this Constitution and/or the Constitutions of Western Cape Aquatics and Swimming South Africa (SSA) and insofar as they can be applied hereto, the obligations and duties of CTMA in and to WCA and SSA, shall apply mutatis mutandis in respect of the Member in and to CTMA.
1.8 This document must be read in conjunction with the Bye-Laws, Rules, Policies and Strategies of CTMA
Affiliates shall mean the Clubs affiliated to CTMA.
Aquatics shall mean the disciplines of Diving, Open Water Swimming, Swimming, Synchronised Swimming, Water Polo and Masters.
Athlete shall mean an individual competitive member of a Club, duly registered through the completion of the Registration Form, participating in any of the discipline competitions set up by Clubs, the Association, WCA or SSA.
Associate Member shall mean those associations, with similar activities, that seek association to CTMA, WCA and SSA
CANA Confédération Africaine de Natation (African Swimming Confederation)
CTMA shall mean Cape Town Metro Aquatics.
Calendar year shall mean 01 January to 31 December of each year.
Registration Form shall mean the Form that an Individual Member completes, with remittance, and acknowledges that SSA is the only recognised body in the Republic of South Africa that governs Aquatics, and binds the Individual Member to the Constitution and the provisions thereof.
Registration Fee shall mean levies, remittances, and the like associated with the Registration Form.
Registered Individual Member means any individual who may be a competitor,
Coach, technical official, administrator, etc. who has applied for, and accepted
into membership by an affiliated club, whose membership is in good standing
with CTMA. Such member is additionally in good standing with their
Registration Fees to their Club, and WCA /SSA.
Club shall mean a group of registered members within a District, appropriately constituted to meet the objectives set out by their District Affiliate and SSA.
Competition shall mean any Club, District, Association, National or International aquatics competition or the like, involving any of the aquatic disciplines.
Competitor shall mean an individual competitive member of a Club, duly registered through the completion of the Registration Form, participating in any of the discipline competitions set up by Clubs, CTMA, WCA or SSA.
District the duly constituted body in accordance with the geo-political and municipal boundaries of Districts in the Western Cape as determined by the Municipal Demarcations Board, made up of Clubs within its boundaries as outlined in Appendix I
District Council shall mean the Council referred to in Clause 8 hereof. Members shall mean the Clubs in CTMA and the individual members of such Clubs.
FINA Fédération Internationale de Natation
Financial Year shall mean 01 May to 30 April of each year.
SSA shall mean Swimming South Africa.
Season shall mean 01 May to 30 April of each year.
WCA shall mean Western Cape Aquatics.
The objectives of Cape Town Metro Aquatics shall be: –
3.1 To promote and encourage all aquatics disciplines for its abled and disabled members in the area of its jurisdiction.
3.2 To ensure that CTMA, affiliated to WCA, and any of its affiliates do not practice discrimination on the grounds of gender, race, religion, political association, belief, social origins, conscience, class, language, sexual orientation, multi-disability, or any other situation of discrimination.
3.3 To promote the formation of Clubs in connection therewith.
3.4 To promote and control within its jurisdiction, competitions in all aquatic disciplines.
3.5 To act as a Board of Appeal and Tribunal in all matters concerning all aquatic disciplines, and to this end, to adjudicate upon any matter referred to it by any Board, Affiliated Association, Club or individual members concerning:
3.5.1 the meaning of or the interpretation of the Laws connected with the relevant discipline
3.5.2 any matter of practice or procedure
3.5.3 any rules, by-laws, regulations and conditions
3.5.4. any matters of practice, policy, misconduct or complaint which may be within its juridiction
3.6 To act as a controlling body for all Clubs under the jurisdiction of CTMA.
3.7 To ensure the ongoing training of technical officials
3.8 To administer the compliance and registration conditions of coaches and instructors on behalf of CTMA as required by SSA.
3.9 To ensure ongoing skills development of affiliates.
3.10 To make such by-laws as may be considered necessary or desirable with regard to matters of administration and administrative awards, and at the request of the relevant Boards or Club structures in respect of
3.10.1 The staging of competitions and,
3.10.2 The formalities for entry,
3.10.3 The selection criteria applicable to teams,
3.10.4 The awards of district colours,
3.10.5 The recognition of records,
3.10.6 and all other ancillary matters.
3.11 To represent the interest of all aquatic disciplines of CTMA at WCA meetings
3.12 To distribute to Clubs communications of interest and importance from WCA and SSA
3.13 To promote Learn to Swim campaigns throughout the Districts
3.14 To raise funds by donation, bequest or sponsorship in any lawful manner.
3.15 To manage finances in a transparent and accountable manner with ongoing reporting.
3.16 To ensure the transformation process at all levels of the sport.
4.1 The jurisdiction of CTMA shall be in the Municipal District of Cape Metro in the province of Western Cape as defined by the Constitution of South Africa and its subsequent amendments.
4.2 CTMA will fall under the jurisdiction of WCA and SSA.
5. GOVERNING PROVISION
5.1 CTMA governs the sport of Aquatics in its area of jurisdiction.
5.2 CTMA will meet regularly with its affiliates and boards.
5.3 CTMA will have its own Constitution, directly register clubs and members and manage its own affairs.
5.4 The Constitution and Rules of CTMA will be aligned to that of WCA and SSA.
5.5 CTMA will align the fiscal year with the same period of WCA and SSA, viz. 01 May to 30 April of each year.
5.6 CTMA will submit the audited financial report and Annual Reports after the AGM of CTMA.
5.7 CTMA shall have the power to suspend any registered club or members of the District for violation of the Constitution, Bye-Laws and Rules.
5.8 CTMA may call upon the Clubs to submit any documents that are deemed necessary, at any time.
5.9 CTMA shall have two delegates at General Meetings of WCA.
5.10 CMA shall have two votes at General Meetings of WCA.
5.11Prior to any meetings the District will submit nominations/credentials for suitable members to attend General Meetings of WCA.
Membership of CTMA shall be open to all clubs within its jurisdiction, comprising of individual members who will act as administrators, officials, coaches and competitors in that Club subject to the following requirements:
6.1.1 All disciplines that have registered membership of individual members,
6.1.2 All clubs, new and old, need to establish a constitution aligned to CTMA and SSA. Such a constitution must include their Bye-laws, Codes of Conduct and Ethics.
6.1.3 A club seeking membership must affiliate with the District responsible for aquatic activities in the district.
6.1.4 CTMA is responsible to assess the viability of the club, to ensure that it meets the minimum membership requirements.
6.1.5 Clubs must be registered with CTMA before any members may be registered.
6.1.6 Clubs with at least one currently registered and accredited Coach affiliated to the Club will be eligible for registration with CTMA.
6.1.7 No Club in bad standing will be registered or granted registration.
6.1.8 A Club seeking membership with CTMA must pay an annual registration fee determined together with an application for membership, together with a copy of its constitution.
6.1.9 Clubs are compelled to affiliate within their district of operation without the possibility of exception.
6.1.10 A club seeking membership for the first time with CTMA and WCA must register and submit a proof of payment of registration fee. New clubs are required to register a minimum of 5 officials and 5 athletes within 30 days, excepting for Water Polo who are required to have a minimum of 9 athletes.
6.1.11 The Club must confirm to CTMA the Coaches responsible for its disciplines, and such coaches must be accredited coaches and registered with the Association. New Clubs registrations are stipulated in the by-laws.
6.1.12 Should the application for membership be revoked, the application fee will be returned.
6.1.13 CTMA may at its sole discretion refuse any application for membership.
6.1.14 The Executive Committee of CTMA has the right to accept the membership of any Club. This acceptance must be ratified at the next General Meeting of CTMA.
6.1.15 each registered Club shall in its Constitution stipulate an acknowledgement that CTMA is the only recognised body in the Western Cape and SSA the only recognised body in South Africa which govern the Aquatics disciplines and that they are aligned to the Constitutions of these Associations.
6.1.16 In line with SSA all Clubs are expected to pursue transformation criteria. To ensure that the previous inequalities are addressed, SSA has embarked on a Transformation Policy.
6.1.17 Each Club is entitled to two representatives at General Meetings of CTMA and 2 votes.
6.1.18 all schools participating in CTMA’s events must register as a School’s club with CTMA.
6.1.19 CTMA will recognize Schools Aquatics participating in SSA sanctioned events, provided they have been duly registered with SSA via WCA and CTMA.
6.2 INDIVIDUAL MEMBERS
6.2.1 All applications for membership shall be made through the registrar, on the prescribed Registration Form.
6.2.2 On signing the Registration Form, parents and guardians are deemed to be individual Members of SSA and are legally bound by the Constitution and Code Conduct and Ethics of SSA.
6.2.4 Only registered members may hold any official position in the Club or CTMA.
6.2.5 Scholars, students or workers who are resident outside their region of domicile, such as at boarding schools, place of employment or overseas, may register with a Club outside of the district or province for the period in which they are away from their normal place of activity.
6.2.6 If an Individual Member transfers from one Club to another Club within the District, the transfer is only completed once the transferring club approves and the applicable transfer fee is paid. Such clearance letter must state the name of the club to which transfer is affected. Transfer fee shall be determined by the transferring club. SSA will be advised of the transfer and the applicable fee for transfer will be paid by CTMA to SSA.
6.2.7 The closing date for the registration of all Individual Members, be they Competitors, Officials, etc. will be the 15th October each year, unless circumstances in mitigation can be proved.
6.2.8 No Individual Member may sit on any Committee or act as an official at or take part in any competition, whilst under sentence of disqualification or suspension for any offence committed by himself/herself.
6.2.9 The annual Individual Member and club registration fee will be determined by CTMA and is payable on registration.
6.3 COACHES AND TEACHERS
6.3.1 Coaches are compelled to comply with the registration and accreditation requirements as outlined by SSA.
6.3.2 No coach shall be allowed to join more than one club of the same discipline within the jurisdiction of CTMA.
6.4 ASSOCIATE MEMBERS
7.1 CTMA may at an Annual General Meeting admit organisations as Associated Members whose sporting activities may be similar to that of CTMA.
7.2 Applications for Associate Membership shall be done in writing to the General Secretary of CTMA, together with a copy of their Constitution, Codes of Conduct and Ethics, and any other information that may pertain or that CTMA may require in support of the application.
7.3 Each Associate Member shall be entitled to two representatives who may attend General Meetings of CTMA once their application is approved but will not be entitled to a vote.
7.4 Each Associate Member shall in its Constitution stipulate an acknowledgement that CTMA is their authorities’ body in the Cape Town Metro District and SSA the only recognised body in South Africa which governs the Aquatics disciplines and that they are aligned by the Constitutions of these Associations.
7.5 Any member of an Associate Member may participate in CTMA competitions, provided that the Associate Member and its representative meet the registration criteria set by the Association.
7.6 The constitution of such Association must not be in conflict with those of the CTMA or SSA.
In the event of such conflict arising, the provisions of the CTMA and SSA Constitution shall supersede that of the Associate Member.
7.7 CTMA shall have the power to suspend/expel such Associate Member for violation of its Constitution and or Bye-Laws and or Rules.
7.8 During such suspension period the Associate Member may not participate in any competitions or activities of SSA.
7.9 All schools participating in CTMA’s events must register as a School’s club with CTMA.
7.10 CTMA will recognize Schools Aquatics participating in SSA sanctioned events, provided they have been duly registered with SSA via WCA and CTMA.
The period of service for any award will only be recognised from the unification date of Cape Town Metro but awards given previously to members within the Cape Town Metro District will be brought forward. The nominee must be registered with CTMA prior to application, in accordance with the requirements of CTMA rules and should have been a member for the periods as stated, to achieve certain awards.
Awards such as Meritorious, Honors, Life membership and any other awards will only be recognised for duties to CTM Aquatics and not for club activities. Officiating at local galas/championships, and club-based regional/national championships, is deemed to be working for the club. Officials will receive Service Awards, as recommended by the Referees Association.
The CTMA Executive reserves the right to decline any nominees who do not meet with the requirements. Adverse reports on a nominee’s previous engagement under the banner of Aquatics or other federation, such as misconduct, any financial implications or any other that are deemed necessary as not suited for the position, will disqualify the nominee.
8.1 No member of an affiliated Club or District in the same branch of the sport, shall be allowed to join another club within the jurisdiction of WCA, unless he produces a certificate from his previous Club to the effect that he is in good financial standing and/or has not been suspended for any reason.
8.2 In the case of disputes, the member will be allowed to register as UNATTACHED, while the dispute is being resolved, in order not to jeopardise the athlete’s performance. In the forgoing case, the dispute shall be resolved within 60 days.
8.3 A member may not belong to more than one Club in respect of each discipline of the sport. A member may however, belong to different clubs in respect of the different disciplines provided the member register with both clubs for each discipline and pays the requisite registration fee to participate within that discipline.
8.4 Clubs across districts may elect to share the same name, but are required to be constituted independently and operate independently within their respective districts.
8.5 No clubs independently constituted, or their members, may merge for competitive purposes at any level.
8.6 The Disability Swimming South Africa (DISSA), Schools Structures and Tertiary Academic Iinstitutions Sports Structures within the jurisdiction of CTMA shall be regarded as Associations throughout.
9. TRANSFER –
9.1 No Member may register with more than one club in one season, except in the case where the current club does not offer other aquatics disciplines needed by the member.
9.2 Transfers from club to club will only be allowed from 1 May of each year to 30 November of each year. Any change in registration status will only be effective from the new season via 1 May.
9.3 In the event of a club refusing transfer, the member shall have the right to apply and present their case to the Club Executive and thereafter to CTMA as a factor of dispute. CTMA Executive will conduct a hearing of both parties and reach a decision within 60 days.
9.4 A fine determined by the Executive Members of CTMA will be imposed on a club not obtaining clearance before registration of a transferring member.
9.5 Any member who joins another club, must obtain a clearance certificate from the former club, before acceptance by the new club. The responsibility is with the new club to obtain a clearance certificate, plus the applicable clearance fee, payable to CTMA.
9.6 If an Individual Member transfers from one Club to another Club;
9.6.1 within the jurisdiction of CTMA, then the Club must inform CTMA.
9.6.2 in a different District but within Western Cape, then the transfer is only completed once the transferring Club approves. WCA and SSA must be informed accordingly;
9.6.3 in a different Province, then the transfer is only completed once the transferring Club approves the transfer, and the accepting Province informs SSA.
9.7 Temporary Members
9.7.1 SSA will recognize individual temporary members to participate in a one-off officially sanctioned competition.
9.7.2 Any competitor from another FINA Federation, who temporarily alters his / her place of residence to the Republic of South Africa, may join a Club in the Republic and shall fall under the jurisdiction of SSA.
9.7.3 Temporary members as outlined in 9.7.2 must have permission from their Federation to transfer their residence to the Republic of South Africa.
10. REGISTRATION AND FEES
10.1 CLUBS AND ASSOCIATE MEMBERS
10.1.1 Clubs affiliating to CTMA shall pay an annual affiliation fee to CTMA an amount which shall be determined by the CTMA Council annually.
10.1.2 CTMA may differentiate between classes of membership in determining the annual affiliation fee.
10.1.3 CTMA may increase the affiliation fee at any time in respect of any class of member as it may consider necessary.
10.1.4 The affiliation fee shall be payable on registration.
10.1.5 Should any club, or other member body be more than two months in arrears with its affiliation fee, its delegate or delegates shall not have the right to attend any meeting of CTMA or its Boards, and all rights and privileges arising from its membership of the CTMA shall be suspended until all arrears due to CTMA shall have been paid.
10.1.6 The defaulting Member shall, notwithstanding the foregoing suspension of rights and privileges, continue to remain liable to CTMA for the fulfilment of all its obligations.
10.1.7 All club applications for registration are to be accompanied by copies of their Constitution, details regarding Club colours and emblem, details of Coaches, Club Officials and Technical officials for onward submission to WCA.
10.1.8 All clubs are subject to an annual aquatic disciplines fee as determined at a General Meeting by CTMA. Defaulting Members shall be debarred from entering teams or individuals in the discipline concerned until such time as fees are paid.
10.2 INDIVIDUAL MEMBERS
10.2.1 Registration of all individual members and officials shall be effected by the Secretary of the Club to the Records Officer of CTMA, who in turn sends it to the Registration Records Official of WCA for each season and such registration shall be on the SSA Registration Forms for the season.
All individual members of a Club shall automatically become a member of WCA and SSA on registering with CTMA.
10.2.2 In respect of all registered Club Members and Officials an annual registration fee in an amount determined by CTMA from time to time shall be payable on registration.
10.2.3 The Provincial Council may differentiate between classes of membership in determining the annual affiliation fee.
10.2.4 In any competition held under the auspices of CTMA, WCA and or SSA, no unregistered member may compete.
10.2.5 No member will be allowed to participate in any event until the registration form and fee are submitted.
11.1 THE DISTRICT COUNCIL
11.1.1 The Management of CTMA shall be vested in the following Council Members:-
Public Relations and Marketing Officer
Cape Convenors of each Discipline Board: Diving, Open Water Swimming, Swimming (including Masters), Synchronised Swimming, and Water Polo (including Masters) in the District of Cape Town Metro, Western Cape. Each board may have their own secretary, assistant convenor and other Council Members as required to assist.
Technical Officials Representative
Education and Training Representative
11.1.2 The function of the CTMA is to promote, at a District level,
the objectives of CTMA as stipulated in section 3 of this Constitution and to further implement the functions of CTMA.
11.1.3 CTMA Council is elected from among all clubs in good standing that are affiliated within the politically demarcated district.
11.1.4 Membership of CTMA should include members of all aquatics disciplines.
11.1.5 Membership of the District Council should comply with the requirements of the Transformation policy as promoted by SSA and the Transformation Charter.
11.2 BOARDS AND COMITTEES – EXECUTIVE COMMITTEE
11.2.1 The Chairman, Vice Chairman, Secretary, Treasurer, Public Relations and Marketing Officer and Records Officer shall form part of the Executive Committee of the Council and shall hold office for four years.
11.2.2 All Affiliated Members and current Executive members shall have the right to nominate Executive Officers. The Member making the nomination shall furnish the written acceptance of the nomination by each nominee. Such nominations, and acceptances, shall have been received by the Secretary of CTMA at least thirty (30) days prior to the date of the Annual General Meeting and all nominations shall have been received by the Affiliated Members fourteen (14) days before such Meeting.
11.2.3 No nomination will be accepted by CTMA unless the nominee is registered for the current season, and a signed acceptance document accompanies the nomination.
11.2.4 Membership of the Executive Committee should reflect the requirements of the Transformation Policy as promoted by SSA and the Transformation Charter.
11.2.5 At meetings of the Executive, four (4) members shall form a quorum and the Chairperson of the meeting shall have a casting, as well as a deliberating vote in the event of a deadlock.
11.2.6 Whenever the Executive has had a meeting, it shall report the business so conducted to the first meeting of the District Committee thereafter.
11.2.7 In case of emergency, the Executive Committee of CTMA shall have the power to conduct business on behalf of the District Council.
11.2.8 The Executive shall have the power to lease or hire movable and immovable property in the name of CTMA, where it shall appear to be in the best interest of CTMA and upon such terms as it may deem expedient to be utilised solely for the purpose of conducting the sporting activities controlled and promoted by CTMA.
11.2.9 The Executive shall have the power to purchase in the name of CTMA such movable and immovable property as may be considered requisite and necessary to be utilised solely for the purpose of conducting the sporting activities controlled and promoted by CTMA. This must be approved by a quorum of the Executive of CTMA and recorded in the minutes of the next Executive Meeting.
11.2.10 If any member of the Executive, Management Committees or any other commission absents him/herself without special leave of absence from two successive meetings, it shall be presumed that he/she has forfeited his/her office.
11.2.11 Minutes will be taken at every meeting to record the Executive committee’s decisions. The minutes of each meeting will be given to Executive committee members at least two weeks before the next meeting. The minutes shall be confirmed as a true record of proceedings, by the next meeting of the Executive committee
11.3.1 DISTRICT COUNCIL GENERAL MEETINGS
184.108.40.206 The District Council shall meet once every third month to transact the business of the District. Fourteen (14) day notice in writing of such meeting shall be given to the Council Members unless such notice may be waived by all members.
220.127.116.11 In the case of a Committee Member’s inability to attend CTMA meetings an alternative must be nominated but this nomination must be a registered member of the district.
18.104.22.168 At all meetings a quorum of 50% is required and the Chairman shall have the casting as well as a deliberate vote. Should any member absent him/herself from two consecutive meetings without any notification, such member shall be deemed to have vacated office, but may be reinstated by the District Council upon good cause shown at the next ensuing meeting.
22.214.171.124 CTMA shall have the powers to deal with all cases of misconduct and is empowered to expel, suspend or fine any member of a Club. For the purpose of this provision, misconduct shall include any unauthorised media statement by any individual member of the District or a Club, or any act which in the opinion of the District Council has brought, or is calculated to bring any of the sporting disciplines over which it has jurisdiction into disrepute.
126.96.36.199 Meetings of CTMA may be convened at any time by the Chairman.
188.8.131.52 CTMA Council shall at all times be empowered to appoint sub-committees to carry out any specific duties allocated by the District Council.
11.3.2 CTMA GENERAL MEETINGS
184.108.40.206 The Annual General Meeting of the CTMA shall be held on a date to be determined by CTMA, and shall be at least (21) twenty-one days before the Provincial Annual General Meeting. (14) fourteen days’ notice of meeting shall be given in writing to each member of each Club.
220.127.116.11 At the CTMA AGM reports by the Chairperson and an audited Financial Statement shall be submitted together with the board reports.
18.104.22.168 Officers set out in clause 8 shall be elected every fourth year, in the same period as the Provincial Executive Members.
22.214.171.124 The nominations, with written acceptances from the nominees as referred to in clause 12 hereof, shall be submitted to the District Secretary in writing at least (21) days prior to the Annual General Meeting.
126.96.36.199 Notice of Motion must be delivered in writing to the Secretary of CTMA at least (21) days before the Annual General Meeting.
11.3.3 CTMA SPECIAL GENERAL MEETING
188.8.131.52 A District Special General Meeting may be summoned at any time by CTMA the District Council, or the District Secretary on receipt of a requisition signed by at least 5 clubs registered within the District.
184.108.40.206 This meeting must be held within (14) fourteen days of receipt of the requisition. The requisition must state the objective of such meeting which shall become the whole agenda of the meeting.
11.4.1 At the AGM and SGM of the CTMA, those entitled to vote will be each club in good standing – two delegates – each with one vote. These members must all be registered members of CTMA.
11.4.2 The quorum at a General Meeting shall be no less than (50) fifty percent of the members of delegates who are entitled to vote.
11.4.3 In the event of the Executive being reduced in number, the replacement shall be the person obtaining the next highest number of votes at the Annual General Meeting. The results of the voting shall be retained by the Secretary until the next AGM, whence the Secretary will confirm their disposal.
12. BOARDS AND COMMITTEES
12.1 The function of the Boards shall be to organise and administer disciplines and functions for which they are responsible, subject to the overall control and direction of CTMA.
12.2 Boards or Committees are to be established in respect of;
Each of the Disciplines, viz. Diving, Open Water Swimming, Swimming (including Masters), Synchronised Swimming, Water Polo (including Masters) in the District of Cape Town Metro, Western Cape
Education and Training
12.2.1 DISCIPLINE BOARDS
Each discipline board shall elect a minimum of
The established Coaching body shall elect a minimum of
12.2.3 TECHNICAL OFFICIALS
CTMA shall establish a Referees Board where
220.127.116.11 All qualified and registered technical officials/ referees shall
be members of the Referees Board
18.104.22.168 The Referees Board shall select from amongst themselves the following:
22.214.171.124 The sub-structure will be the Technical Committee, who will be responsible for education and placing of officials at galas
12.2.4 EDUCATION AND TRAINING
Education and training will be the jurisdiction of WCA.
12.2.5 Each Board and Committee shall submit three (3) quarterly reports and one (1) annual report to CTMA
12.3 All Boards are directly responsible for the development and transformation of their sport, which will be monitored by CTMA.
12.4 The Finances of each body shall be under the control of CTMA.
13.1 CTMA Aquatics shall maintain an account at a bank, which shall be operated by means of the signature of the Chairman, Treasurer and one designated exco member for any given transaction.
13.2 The Treasurer is to control the day-to-day finances of CTMA and shall keep proper books of account on a monthly basis, which shall be audited annually by auditors appointed by CTMA.
13.3 The Financial Statements of CTMA will be audited by the CTMA auditors elected and appointed at the CTMAAnnual General Meeting.
13.4 The Financial year of CTMA shall extend from the 1st day of May to the 30th day of April in the following year.
13.5 Members or Office Bearers of CTMA do not have the right to property that belongs to CTMA.
All financial accounts shall be administered by the CTMA Treasurer and Boards may not operate their own independent accounts.
13.6 The Treasurer will draw up an annual budget for distribution to the Executive Committee prior to the start of a season.
13.8 The Treasurer, will draw up a four-year projected budget for distribution to the Executive committee prior to the Quadrennial Annual General Meeting.
13.9 All championship and competition fees will be determined by the Boards, subject to the ratification by the CTMA Executive.
14. COLOURS AND EMBLEM
14.1 CTMA shall ensure the promotion of the maintenance of a high
standard by sports codes in awarding regional colours.
14.2 In conjunction with the Western Cape Department of Sport and Recreation, the WPSC shall form a colours committee. This Committee WPSC shall control the design, form and awarding of any colours and/or emblem registered by the WPSC, restrain the unlawful and unauthorised use thereof and take disciplinary or other action in respect of any such unlawful use of the emblem or colours registered by the WPSC.
14.3 The emblem of CTMA the Dias.
14.4 The colours of CTMA royal blue and white. The primary color of
CTMA is Royal Blue.
The emblem of CTMA is a disa
The Headquarters of the District shall be at such place as the District Council may decide from time to time.
17.1 Any District, Club or Individual may be sanctioned:-
17.1.1 In the case of violation of the Constitution, By-Laws, Rules and/or decisions, and/or bringing the sport into disrepute.
17.1.2 Sanctions shall be imposed by the District of CTMA and may consist of one or more of the following:
126.96.36.199 Suspension, and / or
188.8.131.52 Expulsion / Disqualification
17.2 Sanctions shall be enforced immediately upon the decision being made by the District Executive of CTMA.
17.3 The District Secretary shall notify the affiliated individual member or club of the sanctions imposed.
17.4 An affiliated member or club sanctioned by the District may appeal to CTMA not later than one month after the sanction has been submitted by the Secretary.
17.5 In the case of Suspension or Disqualification:
17.5.1 Any sentence of disqualification and or suspension by CTMA of an affiliated member or club shall be binding on the individual or in the case of the club, all individual members of such club.
17.5.2 Full power of disqualification or suspension shall be vested in CTMA and WCA on the affiliated member or club.
17.5,3 The Secretary must send all documents with suspension details to the Secretary of WCA immediately.
17.5.4 WCA, to whom preliminary appeals shall lie, has the power to reinstate any individual member or club disqualified.
17.6 All fines must be paid within 7 days of notification.
18. DISPUTES/DISCIPLINARY MATTERS
18.1 Where a dispute affecting any of the matters within the jurisdiction of the District exists, the matter concerned shall be treated as a domestic dispute and the channels and methods provided in the Constitution for the settlement of such matters shall be followed.
18.2 Any attempt to take such matters outside the sphere of the CTMA jurisdiction by resorting to the media shall constitute misconduct on the part of the person or body concerned.
18.3 All disciplinary matters concerning members shall fall under the jurisdiction of the Executive of CTMA.
18.4 Any complaint against an individual member or a non-member against an individual member, shall be lodged in writing with the Secretary of CTMA who in consultation with the District Executive will attempt to resolve the matter, failing which the CTMA Secretary will refer the matter to the General Secretary of WCA, who in consultation with the Executive, shall then, subject to its rights of delegation, give a directive as to whether or not a disciplinary inquiry should be held, and if so, the nature, composition and details thereof.
18.5 Where the member against whom the complaint has been made is an individual member or club of CTMA, WCA may delegate its powers to CTMA and instruct them to deal with the matter accordingly in terms of such mandate.
18.6 CTMA shall send a report of the enquiry to the WCA Executive, who may impose a penalty.
18.7 CTMA members will follow due process on dispute resolution within sport up to the Court of Arbitration in Sport level
18.8 Any individual member that decides to take CTMA and WCA to court without exhausting internal avenues, shall have his/her membership suspended immediately.
19. DISQUALIFICATION / SUSPENSION
19.1 Any sentence of disqualification and/or suspension by SSA shall be binding on all Affiliates, Districts, Clubs and Individual Members.
19.2 Full power of disqualification or suspension of any member in the District shall be vested in CTMA.
19.3 The General Secretary of CTMA must send to WCA a list of suspensions immediately after the meeting at which they were resolved upon. WCA shall then notify the General Secretaries of the other District of such suspension.
20.1 Any affiliated member or Club may appeal to WCA against any decision by the District Executive and any individual member of an Affiliated Member may appeal against any decision of such District or Club.
20.2 All appeals lodged with CTMA or WCA must be submitted in writing to the General Secretary setting forth the facts, accompanied by extracts, or copies of all documents quoted, or relating to the case, and such other particulars as may be thought necessary.
20.3 All appeals against the ruling of the District or Club must be lodged within (14) fourteen days after the incident or sanction.
20.4 An appellant, on lodging the notice, must deposit with the Secretary of the Association the sum of R500-00, the whole or part of which may be refunded or retained by CTMA.
20.5 On receipt of an appeal against disciplinary action taken by an affiliate against any individual member of the District or a Club, CTMA may in its discretion alter such decision, and/or increase or decrease the penalty imposed.
20.6 All appeals shall be heard at next Executive meetings.
20.7 Should an individual member or an affiliated Club within the District object to the decision made by the Executive of CTMA or WCA, the individual member may appeal to SSA.
21. CHANGES TO THE CONSTITUTION
21.1. The constitution may only be changed by a resolution at an Annual General Meeting
21.2 No amendments may be made which would have the effect of making the organisation cease to exist.
22. BY-LAWS AND RULES
22.1 CTMA shall have power to make all such By-laws and Rules as may be necessary to carry out the objects and intent of these articles and for the betterment of all Aquatic disciplines.
22.2 All such By-laws and Rules shall be binding on all Affiliated Members and members thereof.
23. LAWS GOVERNING THE SPORT
23.1 The technical laws as set out in the F.I.N.A. Handbook and in any of its Bulletins, with regard to the Aquatic disciplines, shall be binding on all competitions held in the Republic under the jurisdiction of SSA/CTMA and shall become operative immediately after receipt of the FINA notification unless FINA fixes a date, or unless SSA shall decide otherwise, having regard to prevailing conditions and circumstances.
23.2 Where no provision is made in these laws regarding the conduct of the sport, CTMA may apply to the parent body.
23.3 Ethics Code
This code shall apply to all CTMA members, persons elected or appointed to any position within the organisation of CTMA (collectively referred to herein as ’Officials’’), and other individuals officially engaged in CTMA activities. It shall also apply to consultants, service providers and contractually-connected persons/firms representing or serving CTMA.
23.4 Ethics Panel
The CTMA Ethics Panel shall be composed of eight members, one from each of the CTMA aquatic discipline Boards; Referees Association; Coaches Forum; and Executive Committee, excluding the Chairpersons of these bodies. These members shall be appointed at the CTMA Annual General Meeting and are required to hold their post for a term of 2 years. The CTMA President shall appoint the chairperson of the CTMA Ethics Panel from amongst its members.
24. INTERPRETATION OF LAWS
The interpretation of these laws or any other question not provided for herein shall be referred to CTMA for decision by a two-thirds majority of those present and voting at a General Meeting, which decision shall be binding, except on matters relating to SSA laws when such decisions shall be subject to appeal to SSA
25. LAWS GOVERNING THE SPORT
25.1 The laws governing the sport as laid down by FINA and as adopted and/or amended by SSA shall govern all aspects of Diving, Masters, Open Water Swimming, Swimming, Synchronised Swimming and Water Polo under the jurisdiction of CTMA and WCA.
25.2 Every Individual Member who is registered with a Club and CTMA affiliated to the Association, who has participated or is about to participate in a competition held under the auspices of CTMA, WCA and SSA, shall submit himself or herself to drug testing whenever called to do so by any official authorised to do the test.
25.3 The International Olympic Committee rules as amended by SSA, shall apply to the drug testing procedure and shall be definitive of the list of drugs which from time to time, are prohibited by that body.
25.4 Should uncertainty in the interpretation of these laws or any other question not provided for herein be experienced by the Management Committee, the matter shall be referred to CTMA for advice.
26. RULES AND ALTERATIONS
26.1 No alteration, deletion or addition to the Constitution shall be made except at the Annual General Meeting or a Special General Meeting called for the purpose, provided that no such alteration, deletion or addition shall be effective unless with the sanction of at least two thirds of those present and entitled to vote.
26.2 Notice shall be given in writing to all registered members of CTMA of any proposed amendments or changes to the Constitution, setting forth, in full such amendments.
26.3 The proposed amendments shall become the only item on the Agenda for the Special General Meeting.
26.4 The meeting shall be called within 28 days of receipt of the notice. All Clubs and Committee members shall be notified in writing at least fourteen (14) days before the date set down for the meeting.
27.1 CTMA may be dissolved by a resolution passed at a General Meeting called for that purpose, provided that such resolution is passed by a majority of two thirds of the members present and entitled to vote at such a Meeting
27.2 Upon dissolution of CTMA, after payment of all debts, the remaining assets shall be given or transferred to WCA.
28.1 No affiliated member of CTMA shall be entitled to take part in any invitation event outside the jurisdiction of WCA, without first obtaining the consent of the District and WCA.
28.2 Any competition staged by an affiliated Member, Club or Association, as a fund- raising event, shall be in accordance with the Association policy.
28.3 CTMA shall incorporate reference to WCA and its emblem in its communication and official material.
This constitution was approved and accepted by members of Cape Town Metro Aquatics, at an Annual General Meeting held on Monday 6 November 2017