1. NAME
The name of the Association will be Eden Judo Association, which shall be hereinafter referred to as “the Association”.
1.1 It’s abbreviated name will be EDENJA.
2. THE AIMS AND OBJECTIVES
The objectives for which the Association is established are:
2.1 To seek affiliation to the Eden Sport Council, The WC Judo Federation and JSA.
2.2 to promote, foster and control the practice of judo in the Republic of South Africa and more specifically in the District of Eden;
2.3 to carry out, implement and comply with the constitution and rules of Judo South Africa (JSA) in the Eden as a District Controlling Body;
2.4 to utilize the revenue and property of the Association from whatever source derived to further the objects of the Association and for such other purposes as the Association may from time to time deem necessary or desirable;
2.5 to establish such boards, committees panels or bodies as may be deemed necessary, suitable or convenient for the implementation of the aims of the Association and to sell, let or hire or otherwise dispose of the whole or any part of the assets of the Association for such consideration and upon such terms and conditions as the Association may from time to time deem fit;
2.6 to open, close or operate a banking and/or savings account and to invest funds on such terms and conditions as may be deemed expedient;
2.7 to raise funds or borrow money from time to time to further the aims of the Association, to send teams to compete in competitions or tournaments and/or for acquiring or developing its assets on such security or otherwise or to hypothecate its assets as security and on such terms as may from time to time be deemed necessary;
2.8 to engage or dispense with the services of such persons, companies or concerns, upon such terms and conditions as may be deemed expedient;
2.9 not to carry on any business that has for its object the acquisition or gain by the Association or its individual members; and
2.10 to do all such other things as are incidental or conductive to the attainment of the above objectives.
3. HEADQUARTERS
The headquarters of the Association will be decided by the members at the Annual General Meeting (AGM).
4. MEMBERSHIP
4.1 The membership of this Association will be open to clubs, [no individual can be a member – member only via a club] situated in the District of the Eden which have as their objective the study, development and practice of Judo subject to their acceptance by the committee of this Association.
4.2 An amateur club is one:
(a) which is run for no individual gain;
(b) whose committee is elected by members and will consist of members;
(c) which has a Constitution, which is approved by the Association;
(d) which has at least ten (10) active Judokas fully registered to the Association and JSA. All Technical Personnel and Committee Members of a club does not form part of the ten (10) active judokas;
(e) which has a club address where practice takes place at least once a week;
(f) which has a suitably qualified JSA registered coach,(refer to the JSA Coaching policy document); and
(g) which is not a sub-club of/or affiliated to any other club affiliated to the Association.
4.3 A Development club is described as per Addendum E.
4.4 The affiliation of a club to the Association will be effected annually by:
(a) the approval of its constitution by the Committee;
(b) the payment of the annual prescribed fee to the Association; and
(c) the acceptance by the Committee.
4.5 No person may become a member of an affiliated club, or enjoy any privileges such as participating in any grading, tournament or contest arranged or held by any affiliated club or by the Association, unless such person be a member of JSA (i.e. one who can produce a current JSA registration), or unless specifically authorised thereto by the Council of JSA or by the Executive Committee of the Association.
4.6 Transfer of Membership – see Addendum A.
4.7 The Association is not responsible for any injury to or loss of property of a judoka, member or visitor that may occur during any activity or tournament that the Association may present, and any such participation or visit takes place completely at own risk.
4.8 Termination or suspension of membership
(a) the Association shall be entitled to suspend or terminate the membership of any member or club as per the Disciplinary Policy Document. Addendum C; and
(b) in the event of any membership being terminated or suspended in terms of 4.8.(a) such members or clubs shall not be entitled to a refund of any money paid over to the Association.
5. BOUNDARIES OF THE DISTRICT
The boundaries of the District controlled by this Association and approved by JSA is as per Addendum B. The EDEN District consist of the 7 municipal boundaries of George, Knysna, Bitou, Mossel Bay, Hessequa, Oudtshoorn and Kannaland
6. AFFILIATION
6.1 Any club desiring affiliation to this Association will apply in writing to the Secretary of the Association, accompanied by the prescribed fees, a list of its committee members and a signed statement by the chairperson that the club complies with paragraph 4 (Membership) of the Association as set out in the Constitution.
6.2 Affiliation fees will be determined at the AGM.
7. THE EXECUTIVE COMMITTEE
7.1 The Executive Committee shall comprise of:
(a) the Executive Committee; and
(b) two (2) representatives from each club;
7.2 The powers and duties of the Committee will be:-
(a) the control of the Association;
(b) to appoint, dismiss and fix honoraria or emoluments of officials;
(c) to control expenditure;
(d) to make, amend or rescind rules for the regulation of the Association;
(e) to regulate the duties of the Sub-committees;
(f) to approve membership of clubs and of any other person or member other than an ordinary member;
(g) to pass any resolution or adopt any regulation for the better performance of its functions provided that any such resolution or regulation will not be in direct conflict with this Constitution;
(h) to co-opt in order to assist it in regard to any matter, any person, whether or not such person is a member of the Association. Such person will be entitled to participate in such meetings and to have such rights of a Committee member as the Committee may prescribe, save that he/she will not be entitled to vote at meetings of the Committee; and to appoint such sub-committees as it sees fit; and
(i) to set the fee at the AGM for the affiliation and registration of the clubs and members.
8. THE EXECUTIVE COMMITTEE
8.1 The Executive Committee shall comprise of the:
(a) Chairperson
(b) Vice-Chairperson
(c) Secretary
(d) Treasurer
(e) Coaching and Education Director
(f) Sports Director
(g) Marketing and Communications Director
(h) Development, Transformation & Woman in Sport Director
8.2 The Executive will be elected or re-elected at the AGM of the Association from nominations submitted in writing by the clubs, which will reach the Secretary at least 21 days prior to such AGM for circulation purposes. Such nominations must be signed by at least two members entitled to vote and be accompanied by consent of the nominated party to act if elected. Any party thus nominated will either be present at the AGM or furnish his/her written consent by letter or e-mail, which must reach the Secretary of the Association at or before the said AGM.
8.3 The Executive members will select their own Sub-Committee members and Co-ordinators, which will be approved by the Committee at the following meeting after the election. Nominations of such sub-committees members must be submitted to the Executive members 7 (seven) days prior to election of such members.
The decisions that the sub-committees take must be given to the management committee. The management committee must decide whether to agree to them or not at its next meeting. This meeting should take place soon after the sub-committee’s meeting. By agreeing to decisions the management committee ratifies them.
8.4 A member can be nominated at the said AGM only if no written nominations were received.
8.5 Vacancies on the Executive Committee may be filled by elections called by the Executive during the year or by co-opting members into the vacancies.
8.6 The powers and duties of the Executive will be:
(a) to give effect to all directions and instructions of the Committee;
(b) the management of the business of the Association;
(c) to deal with any urgent matter requiring attention. Any such action by the Executive will be accounted for to the Committee for its approval at the next Committee Meeting;
(d) to institute, defend, bring, carry on, compromise, discontinue or refer to arbitration any proceedings, actions, claims, demands, applications or appeals in the name of the Association or in relation to any matter affecting the interests of the Association;
(e) to open and to operate on such banking or savings bank accounts or other accounts with such financial institution as may be determined, and to draw, make, sign, accept, endorse, discount and issue bills of exchange, promissory notes, cheques and other negotiable or transferable instruments;
(f) to organise as it may deem fit, and to control, suitable championships, gradings and trials;
(g) to arbitrate and resolve all inter-club disputes;
(h) to hear appeals against the decisions of the Sub-committees; and
(i) to deal with the affiliation of members of this Association.
9. THE SUB-COMMITTEE MEMBERS AND CO-ORDINATORS
9.1 The Sub-Committee members and Co-ordinators will be selected by the respective Executive members as per Addendum F.
9.2 The Executive members will have regular meetings with their Sub-Committee
members and Co-ordinators.
9.3 The Sub-Committee members and Co-ordinators will be represented by the
respective Executive members at the Committee meetings.
9.4 The Sub-Committee members and the Co-ordinators will be duly fully
registered members of the Association and JSA.
10. NOTICE OF MEETINGS
10.1 The AGM will be convened by the Secretary who will give no less than thirty (30) days notice prior to the Meeting to all persons entitled thereto.
10.2 The Secretary will give notice of all Committee Meetings no less than fourteen (14) days prior to Committee Meetings to all persons entitled thereto. In the event of extreme urgency, written notice and/or the minimum of seven (7) days may be dispensed with in respect of a Committee meeting.
10.3 In the event of Special General Meeting the Secretary will give notice no less than seven (7) days prior to the Special General Meeting to all persons entitled thereto.
10.4 The calculation of days will reckon from the day after posting of the notices.
11. VOTING
11.1 All decisions made at a meeting, except where otherwise provided, will be made by way of a show of hands unless at least three of those present and entitled to vote demand that a secret ballot be taken, in which case the vote will be taken by way of secret ballot. When voting concerns a person it will always be by secret ballot.
11.2 The vote of the majority will be decisive and in the case of an equality of votes the Chairperson will, in addition to his/her ordinary vote have a casting vote.
11.3 Any person who is entitled to vote and is unable to attend a meeting personally may authorise another person in writing to attend such meeting and vote on his/her behalf. Such person will be entitled to vote solely on such decisions and in such manner as is clearly set out in writing by the person on whose behalf he/she has been authorised to attend and vote in addition to his/her ordinary vote. Only points on the agenda can be voted on. Other points can be discussed but not voted on as the delegates have a mandate and represent a club.
11.4 Only members who are duly registered will be entitled to attend any meeting or vote at such meeting. Proof of membership by such members must be furnished, if the Committee so requires.
11.5 The Development club’s vote will be as described in Addendum E.
11.6 For a member to be elected on the Executive, such a member must be registered with the Association and JSA for at least twelve (12) months.
11.7 Any club which has not been lawfully represented at seventy five percent (75%) of Committee Meetings during the course of the current year will forfeit its voting rights at the ensuing AGM.
11.8 A club will only have a vote if registered for a minimum of twelve (12) months.
11.9 A club’s membership with the Association will lapse if the said club has not attended a minimum of three (3) consecutive meetings, without prior written notice to the Secretary (sms’s excluded), whereafter the club will be required to re-apply for membership.
11.10 The total voting power at all meetings will consist of:
(a) the Executive Committee – 1 vote per Executive member, unless the Executive member is also a club representative; and
(c) a maximum of two (2) representatives from each club, fully registered and duly authorised as per Letter of Credence; and present – no proxy
12. CONDUCT OF MEETINGS
12.1 The Chairperson will preside at all meetings and in the absence of the Chairperson, the Vice-Chairperson and failing the Vice-Chairperson being present, the members present will elect a Chairperson.
12.2 The Secretary will keep minutes, which will constitute a proper record of all proceedings and discussions of such meetings, and such minutes will be distributed within seven (7) days after the meeting and available at every subsequent meeting. In the absence of the Secretary, the Committee will elect a scribe to keep minutes of the meeting.
13. QUORUM
13.1 A quorum for meetings of the Association will be as follows:
(a) Executive Meeting: five (5) members entitled to vote;
(b) The quorum for any duly authorised Committee Meeting, AGM, Extra-ordinary Meeting or Special General Meeting shall be fifty percent (50%) + 1 of all registered clubs with voting powers and five (5) members of the Executive Committee, in all cases present and entitled to vote.
13.2 In the event of a quorum not being present at any meeting, such meeting will stand adjourned to a week later at the same time and place and such persons as are then in attendance will be deemed to form a quorum. In this case, the stipulations in Clauses 13.1.(a) & 13.1.(b) shall not apply. Notice of such adjournment shall be sent to all clubs not later than the evening of the day following the day of the original meeting.
14. ANNUAL GENERAL MEETING (AGM)
14.1 The AGM of the Association will be held at such time and place as may be decided by the Committee subject to the condition that such meeting be held within twenty (20) months of the previous AGM.
14.2 Members will be represented by two delegates from each registered club as per paragraphs 11.1 to 11.10, duly authorised thereto in writing, which authority shall be lodged with the Secretary at least an hour before the beginning of such meeting.
14.3 These delegates together with the Executive will constitute the total voting power of such AGM, excepting only where there is an equality of votes when the Chairperson will have a casting vote.
14.4 The Association will deal with the following issues amongst other at its AGM:
(a) Points on the Agenda only;
(b) Compile attendance list and confirm apologies for those unable to attend;
(c) Amendments to the Constitution;
(d) Confirm the Minutes of the previous meeting with matters arising;
(e) Chairperson’s report;
(f) Treasurer’s report;
(g) Coaching and Education Director’s report
(h) Sports Director’s report
(i) Marketing and Communications Director’s report
(j) Development Director’s report and
(k) Election of new office bearers.
15. SPECIAL GENERAL MEETING
15.1 The Committee may whenever it deems fit, and the Secretary will on the written requisition of at least five (5) members, forthwith call a Special General Meeting.
15.2 Such requisition shall set forth fully the objects of the meeting.
15.3 Representation and voting powers at such meeting will be the same as that of an AGM.
16. FINANCIAL YEAR AND BOOKS OF ACCOUNT
16.1 The financial year will be from 1 April to 31 March.
16.2 The Treasurer will:
(a) keep a true and correct record of accounts;
(b) deposit to the credit of the Association in an approved financial institution all funds received;
(c) annually submit to the Association an income and expenditure account and balance sheet, duly audited by a qualified auditor, a copy whereof will be forwarded to the Secretary of each registered club in the District;
(d) at every committee meeting report to the Committee in regard to the finances of the Association and
(e) hold such amount of petty cash as authorised by the Committee from time to time.
16.3 All cheques or withdrawals from the Association’s account will be on the joint signatures of the Treasurer and the Chairperson or Vice-Chairperson.
16.4 The Treasurer or nominee will do all electronic transfers after approval by the Chairperson and the Vice-Chairperson, via email.
16.5 The Association will keep an Asset Register of everything it owns.
16.6 A member of the Association will be reimbursed by the Association for expenses that he/she has borne after approval on behalf of the Association.
16.7 Fiduciary duties of the Association’s members:
(a) A member of the Association may not use the position or privileges of, or confidential information obtained as a member of the Association, for personal gain or to improperly benefit another person;
(b) A member of the Association must disclose to the Association any direct or indirect personal or private business interest that he or she or any spouse, partner or close family member may have in any matter before the Committee; and
(c) A member of the Association must withdraw from the proceedings of the Committee when that matter is considered, unless the Committee decides that the member’s direct or indirect interest in the matter is trivial or irrelevant.
17. LEGAL PROCEEDINGS
The Association shall be a legal entity with its own juristic person and liability that shall sue or be sued in its own name in any court of competent jurisdiction and shall be represented by the Chairman or duly nominated and approved person or legal advisor upon whom all processes shall be served, and who is duly authorised to sign all documents on behalf of the Association.
18. OFFICIALS
18.1 Officials and members of the Association shall be indemnified by the Association against all liability incurred by them in the course of their duties, save such as they may incur through any misconduct or by their own neglect or default.
18.2 The liability of any member of the Association shall be limited to the extent to which such member’s fees are outstanding.
19. USE OF THE ASSOCIATION’S NAME
The wilful use of the name of the Association by any member or person whatsoever, in any manner which may involve the Association in any possible unpleasant or contentious matter, is strictly prohibited.
20. INTERPRETATION OF RULES
Should any doubt arise or exist as to the interpretation of any portion of this Constitution, the Rules and Regulations of the Association, the interpretation placed there on by the Committee will be final and binding.
21. AMENDMENTS TO THE CONSTITUTION
21.1 The Constitution may be amended, altered, or added to at any AGM or at any Special General Meeting, convened for that purpose.
21.2 Any proposed amendment, alteration or addition to this Constitution must be fully set out in the notice calling for the meeting.
21.3 Any such alterations or additions shall not be deemed to be passed unless they are approved by at least two-thirds (66.67%) of those present and entitled and authorised to vote.
21.4 Any proposed amendment, alternation or addition to the Addendums can be updated/amended at any Council meeting provided the proposed changes are circulated with notice of said meeting.
22. DISCIPLINARY COMMITTEE
22.1 In the event of any written complaint, the Executive committee can call for an investigation as per paragraph 8.6 (d)
22.2 See Disciplinary Policy Document – Addendum C.
23. CODE OF CONDUCT
See Addendum D.
24. ANTI-DOPING
24.1 All members of the Association will, by their affiliation to WCJF and JSA, consent to abide by the World Anti-Doping Agency (WADA), as well as the Anti-Doping Policies of the International Judo Federation (IJF), as well as respecting the provisions of the Anti-Doping Code and that of the Olympic Movement Anti-Doping Code, which are the official document pertaining to the Olympic Movement.
24.2 Sanctions will be imposed on the guilty party/parties according to the Doping Policy of the IJF and/or the International Olympic Committee (IOC) depending on the relevance of the case.
24.3 Any person/s found guilty of a doping offence will automatically be excluded from all Association activities.
25. APPEALS
See Disciplinary Policy Document – Addendum C.
26. DISSOLUTION
Should the Association for any reason be dissolved or cease to exist all the assets of the Association will immediately vest in WCJF.
27. ADDENDUMS
A Transfer of Membership
B Borders of Eden Judo Association
C Disciplinary Policy Document
D Code of Conduct
E Development Club
F Responsibilities of Executive members together with their respective Sub-Committees and Co-ordinators
EDENJA COMMITTEE
Secretary
Date: 20 February 2016
Authorised by Resolution of
the EDENJA COMMITTEE
Chairperson
Date: 20 February 2016
Addendum A
Transfer of Membership
1. Between Districts
1.1 The Club Chairperson must apply in writing to the District Registrar for the member to be transferred to another District/Metro and confirm in the correspondence that the member is in good standing with the club and that there are no outstanding fees due by the member.
1.2 The District Registrar of the “releasing District/Metro” must then satisfy him/her that the correspondence and information is authentic and then forward it to the “new District/Metro” under cover of a signed letter on the letterhead of the “releasing District/Metro”
1.3 On receipt of the application by the District Registrar of the “new District/Metro” he/she must place the correspondence regarding the relative transfer on the agenda under inward correspondence for the District/Metro, to be discussed at their next District/Metro Council meeting.
1.4 Only once the application has been accepted by the “new District/Metro” must the District/Metro Registrar of that District/Metro apply to the National Registrar for the member to be transferred to his/her new District/Metro. Such an application must be accompanied by signed copies on District/Metro letterheads of (1) the releasing District/Metro wherein they confirm the release of the member and (2) the accepting District/Metro wherein they confirm acceptance of the member.
2. Between Clubs. Transfer of membership between clubs in a district will work on the same principle as “transfer between District/Metro”
EDENJA COMMITTEE
Secretary
Date: 20 February 2016
Authorised by Resolution of
the EDENJA COMMITTEE
Chairperson
Date: 20 February 2016
Addendum B
Borders of Eden Judo Association.
(Eden District Municipality)
1. Bitou
2. George
3. Hessequa
4. Kanaland
5. Knysna
6. Mossel Bay
7. Oudtshoorn
EDENJA COMMITTEE
Secretary
Date: 20 February 2016
Authorised by Resolution of
the EDENJA COMMITTEE
Chairperson
Date: 20 February 2016
Addendum C
Disciplinary Policy Document
PREAMBLE
This Regulation is duly promulgated in terms of article 4.8(a) of the Constitution of Eden Judo Association.
1. PURPOSE AND INTRODUCTION
The purpose of the Regulation is to adopt and give effect to any disciplinary policy & Code of Conduct, regulations and or relevant guidelines issued or disseminated by Judo South Africa from time to time; and to ensure compliance and safeguarding of the Constitution of the Eden Judo Association.
The Eden Judo Association “EDENJA” is committed to create a conducive environment for effective and fair display of judo skills and conduct. In this respect EDENJA seeks to promote good disciplinary conduct to ensure high quality of sport and mutual respect amongst Judokas, by:
1.1 Ensuring that the Code of Conduct, rules and policies governing judo are adhered to at all times;
1.2 Creating an environment whereby Judokas or commissioned officials may be
comfortable that their complaints will be fairly addressed;
1.3 Communicating to all Judokas and commissioned officials terms of reference in respect of their mandates and responsibilities; and
1.4 Safeguarding the image of Judo South Africa through ensuring that all EDENJA members represent it in a manner that will not bring its name into disrepute.
2. MAINTENANCE OF DISCIPLINE
Fair and consistent maintenance of discipline will be informed by the grounds listed below:
2.1 Judoka-conduct which does not support the objectives of Judo South Africa “JSA”, Western Cape Judo Federation “WCJF” and or EDENJA policies; and
2.2 Enforcement of IJF, JSA, WCJF and EDENJA policies and professionalism.
3. THE DISCIPLINARY COMMITTEE (DC)
3.1 The DC as appointed by the EDENJA Executive, shall preside on EDENJA disciplinary enquiries, and the Executive shall appoint the Chairperson.
3.2 The DC shall have a chairperson and a Secretary;
3.3 Any respective club’s chairperson may be part of the DC, but each enjoys only observer status;
3.4 Any co-opted EDENJA affiliated member as a legal advisor to JSA, WCJF or EDENJA may be co-opted to the DC by the EDENJA Executive Committee; and
3.5 Any co-opted EDENJA affiliated member as a prosecutor for EDENJA, forms part of the DC, but will not form part of the decision making for the case he/she prosecuted.
4. TYPES OF MISCONDUCT
4.1 The following types of misconduct are specifically identified, although EDENJA will not be limited to these types, namely:
(a) Abuse of alcohol;
(b) Violation of Code of Conduct;
(c) Violation or wilful disregard of EDENJA Constitution; or any resolutions, rules or instructions promulgated in terms thereof or issued by any of its committees or office holders;
(d) Refusal to sign a Code of Conduct and or Agreement form;
(e) Use of abusive language;
(f) Insubordination;
(g) Sexual harassment;
(h) Failure to carry out lawful instructions and duties by any EDENJA Official, team manager or coach, or duly authorised person acting on behalf of EDENJA;
(i) Assault;
(j) Theft;
(k) Fraud, embezzlement including any dishonest conduct;
(l) Indulging in immoral acts;
(m) Vandalism;
(n) Misrepresentation;
(o) Failure to keep practise schedules during tours and training camps;
(p) Failure to attend coaches and managers meetings; and
(q) Failure to arrive on time for weigh-in at the South African National Tournaments.
4.2 A thorough investigation has to take place before the cases can be heard, witness’s statements or affidavits must be forwarded to the chairperson or the secretary of EDENJA or relevant EDENJA DC and all complainants and witnesses must appear before the DC for the case to be prosecuted by EDENJA. This will enable the EDENJA DC panel to hear all sides of the stories to be able to take decisions on an informed position and to ensure a fair hearing.
4.3 The suspension period will be at the discretion of the EDENJA DC Chairman.
5. PENALTY FOR MISCONDUCT
Misconduct Action (1st offence) Action (2nd offence)
(a) Abuse of alcohol;
(b) Violation of Code of Conduct;
(c) Violation or wilful disregard of
EDENJA Constitution; or any
resolutions, rules or instructions
promulgated in terms thereof or
issued by any of its committees
or office holder;
(d) Refusal to sign a Code of
Conduct and or Agreement form;
(e) Use of abusive language;
(f) Insubordination;
(g) Sexual harassment;
(h) Failure to carry out lawful
instructions and duties by any
EDENJA Official, team manager or
coach, or duly authorised person
acting on behalf of CWJA;
(i) Assault;
(j) Theft;
(k) Fraud, embezzlement including
any dishonest conduct;
(l) Indulging in immoral acts;
(m) Vandalism;
(n) Misrepresentation;
(o) Failure to keep practise
schedules during tours and
training camps;
(p) Failure to attend coaches and
managers meeting, and
(q) Failure to arrive on time for
weigh-in at the South African
National Tournaments.
Suspension or fine
Suspension
Final written warning / Suspension
No participation
Final written warning
Verbal warning
Suspension
Written warning
Suspension
Suspension
Suspension
Final written warning
Suspension with costs
Final written warning
Verbal warning
Verbal warning
Final written warning
Suspension
Suspension
Suspension
Suspension
Suspension
Suspension
Suspension
Suspension
Suspension
Suspension
6. FURTHER TRANSGRESSIONS
Where a written warning has been served on any misconduct, it will be automatically followed by a suspension sentence if one, in the future, is found guilty of any transgression within a space of twelve months consecutively, irrespective of whether it is not the same offence.
7. NOTICE OF HEARING
7.1 The DC chairperson, through the DC secretary, shall, after having satisfied himself/ herself and upon receiving a written complaint, inform all affected parties about the pending disciplinary enquiry. The chairperson, amongst others, shall ensure that any grievance or matter was handled first by the Club before it proceeds to EDENJA for a hearing. The information must include:
(a) the nature of the complaint;
(b) the charges made;
(c) the name of the complainant;
(d) the name of the defendant;
(e) the date, time and venue of the hearing;
(f) advise of DC members to preside over the matter; and
(g) defendant’s rights and obligations.
7.2 The parties would be given at least fourteen days (14) written notice to appear before the disciplinary hearing. This period could be more depending on the circumstances at the disposal of the chairperson and is meant to allow the parties to thoroughly prepare for the hearing. In view of the above parties must be available on the date of the hearing as the time given allows for better planning. However, the DC shall consider any written affidavits for the purpose of witnesses where their absence is beyond their control and justifiable beyond doubt. EDENJA cannot accommodate everybody in respect of the date of the hearing. In such instances, with all things being equal, the hearing will go ahead on the set date.
8. SANCTION
8.1 When the decision has been made it will be communicated in writing to the relevant parties, the party/parties has/have fourteen days (14) to appeal against the ruling. The appeal shall be made in writing to the Chairperson of EDENJA. In this instance the sanction by the DC will be automatically suspended when the appeal has been lodged and superseded by the appeal decision which shall be final.
8.2 Disciplinary committee should strive to take corrective measures rather than punitive measures. It is in the interest of justice, fairness and a constitutional right to have an appeal DC level as indicated in 12.
9. APPEAL
The EDENJA Chairperson and executive shall hear all appeals against the findings of the Disciplinary Committee and their decision shall be final. The appeal will be chaired by the Chairperson of EDENJA and excludes executive members who presided over the respective initial DC hearing or respective DC hearing preceding the appeal.
10. SCOPE
The scope of this policy shall be confined to all incidents which take place in EDENJA area and jurisdiction and shall include sanctioned JSA events and events in other Districts hosted by JSA members but shall exclude incidents outside JSA (and its members) and EDENJA sanctioned events.
11. CODE OF CONDUCT & CIRCULARS
11.1 In terms of this disciplinary policy the EDENJA Executive Committee must issue a Code of Conduct for its members, which Code may be amended or supplemented from time to time.
11.2 The EDENJA Executive Committee may also issue and disseminate intermittent circulars containing instructions pertaining to disciplinary matters, grievance and conduct, which shall be given the same force and affect as if promulgated in this regulation.
12. PROMULGATION & AMENDMENTS
12.1 This disciplinary policy shall be of force and effect upon delivery of written notice thereof to its Clubs. The Chairperson and Secretary of every club shall be responsible to ensure that the regulation is properly disseminated to its members by means of a general notice, which may include affixing the regulation onto a Notice Board of the Club to which its members have access to.
12.2 The disciplinary policy which is promulgated by means of a Regulation may be amended or supplemented from time to time by means of due written notice to Clubs, which shall notify its members as indicated in 12.1 above.
12.3 ARBITRATION CLAUSE [compulsory to all federations in the WC]
Should any dispute arise which involves the Association, its officials, any clubs affiliated with the Association, and any officials, players or members who are subjected to the rules of this Constitution, pertaining to any matter arising from the interpretation or implementation of the Constitution, or arising from the sports governed by this Constitution, then such dispute shall be referred to the Arbitration Forum of the Western Cape Provincial Government, to be dealt with in accordance with the Rules of that Forum.
The provision of Arbitration Act of 1965 shall apply to such arbitration proceedings, save to an extent modified by the Arbitration Forum rules
EDENJA COMMITTEE
Secretary
Date: 20 February 2016
Authorised by Resolution of
the EDENJA COMMITTEE
Chairperson
Date: 20 February 2016
Addendum D
Code of Conduct
A member of EDENJA, including any member of Club affiliated with EDENJA will be guilty of misconduct if s/he, among other things:-
1. Fails to comply with, or contravenes any term or condition in terms of its constitution, regulation, policy or instructions;
2. Wilfully or negligently mismanages the finances or property under its care belonging to EDENJA;
3. Without permission possesses or wrongfully uses the property of EDENJA, another member and/or visitor;
4. Wilfully, intentionally or negligently damages and/or causes loss of property of EDENJA or any of its members;
5. Endangers the lives of self or others by disregarding safety rules or regulations;
6. Prejudices the administration, discipline or efficiency of EDENJA or any of its members (clubs);
7. Steal, bribes or commits fraud;
8. Fails to carry out a lawful instruction or routine instruction without just or reasonable cause;
9. Absents him/herself from EDENJA training sessions without reason or permission;
10. Commits an act of sexual harassment;
11. Discriminates against others on the basis of race gender, disability, sexuality or other grounds outlawed by the Constitution of South Africa;
12. Deliberately performs poorly or inadequately any task assigned to him/her by EDENJA;
13. While participating in a judo event or representing EDENJA or any of its members, is under the influence of an intoxicating, illegal, unauthorised, habit-forming and/or stupefying (NON-PRESCRIPTION) drug, including alcohol; (Refer to clause 24 in the Constitution)
14. While participating in a judo event, conducts herself or himself in an improper, disgraceful and unacceptable manner;
15. Contravenes any prescribed Code of Conduct of JSA;
16. Assaults, or attempts or threatens to assault, another person or persons while participating in a judo event or representing CWJA or any of its members;
17. Incites other judokas to unprocedural and unlawful conduct;
18. Displays disrespect towards others at judo events or demonstrates abusive or insolent behaviour;
19. Intimidates or victimises fellow players, spectators and /or officials;
20. Prevents other judokas from belonging to a Specific judo club or body;
21. Refuses to obey security regulations;
22. Gives false statements or evidence in any matter pertaining to EDENJA or a judo event;
23. Falsifies records or any other documentation;
24. Participation in unprocedural, unprotected and/or unlawful action;
25. Commits a common law or statutory offence while on a judo sanctioned premises / event; and
26. Indolent in the execution of duties or instructions.
EDENJA COMMITTEE
Secretary
Date: 20 February 2016
Authorised by Resolution of
the EDENJA COMMITTEE
Chairperson
Date: 20 February 2016
Addendum E
Development Club
1. Only one development club per District is allowed.
2. A minimum of 10 development licenses per club is required.
3. No club registration fees is payable to EDEN or JSA by the development club.
4. The Development club must be affiliated with a District.
5. Only once the development club has become a full membership club, may another development club be started in the District.
6. No voting rights are assigned to the development club at any District meetings.
EDENJA COMMITTEE
Secretary
Date: 20 February 2016
Authorised by Resolution of
the EDENJA COMMITTEE
Chairperson
Date: 20 February 2016
Addendum F
Responsibilities of Executive members together with their respective Sub-Committees and Co-ordinators
1. CHAIRPERSON: ELECTED BY EDENJA COMMITTEE
1.1 CASTODIAN FOR ALL ASPECTS OF EDENJA
1.2 LIABLE FOR JSA, WCJF AND ESC
1.3 NEUTRAL IN ALL ASPECTS
1.4 CHAIR ALL MEETINGS
1.5 RESPONSIBLE FOR THE PERFORMANCE OF ALL PORTFOLIOS
1.6 APPROVAL OF PAYMENTS
2. VICE-CHAIRPERSON: ELECTED BY EDENJA COMMITTEE
2.1 ADMINISTRATION
2.2 BACK-UP FOR CHAIRPERSON
2.3 CHAIRPERSON OF DICIPLINARIES
2.4 CONTROLLING OF HEAD MANAGERS
2.5 APPROVAL OF PAYMENTS
2.6 ELECTED BY VICE-CHAIRPERSON – SUB COMMITTEE REPRESENTATIVES
2.6.1 DISABLED
2.6.2 USSA
2.6.3 MASTERS
2.6.4 PLAYERS
2.6.5 DISTRICT HEAD MANAGERS WITH ASSISTANTS
3. TREASURER: ELECTED BY CWJA COMMITTEE
3.1 FINANCIAL REPORTS
3.2 APPROVAL OF PAYMENTS
3.3 BUDGETS
3.4 REGISTRAR
3.5 DRAFT FUNDING APPLICATIONS BOLSC, LOTTO ETC
3.6 NEGOTIATION AND FUNDING APPLICATIONS ESC, LOTTO
3.7 ELECTED BY TREASURER – SUB COMMITTEE REPRESENTATIVES
3.7.1 PAYMASTER
3.7.2 BOOKKEEPER/AUDITOR
3.7.3 HEAD – LOTTO & OTHER APPLICATIONS
3.7.4 FINANCIAL CONTROLLER
3.7.5 REGISTRAR
4. SECRETARY: ELECTED BY EDENJA COMMITTEE
4.1 ADMINISTRATIVE DUTIES
4.2 MINUTES OF MEETINGS
4.3 CORRESPONDENCE
4.4 ACCOMMODATION & FLIGHT BOOKINGS FOR MEETINGS ONLY
4.5 ELECTED BY SECRETARY – SUB COMMITTEE REPRESENTATIVE
4.5.1 ASSISTANT – SECRETARY
5. COACHING & EDUCATION DIRECTOR: ELECTED BY EDENJA COMMITTEE
5.1 HEADS TECHNICAL MEETINGS
5.2 CONTROLLING OF HEAD COACHES
5.3 POLICY DOCUMENTS
5.4 CONTROLLING GRADING CO-ORDINATORS
5.5 CO-ORDINATING COACHES AND EDUCATION LEVELS 1 -4
5.6 SUBMIT ANNUAL AND LONG TERM PERFORMANCE PLAN AND BUDGETS
5.7 ELECTED BY COACHING & EDUCATION: – SUB COMMITTEE REPRESENTATIVES
5.7.1 CO-ORDINATOR GRADING (WITH OWN COMMISSION)
5.7.2 CO-ORDINATOR COACHING &EDUCATION LEVELS 1 – 4 (WITH OWN COMMISSION)
5.7.3 DISTRICT HEAD COACH WITH ASSISTANTS
6. SPORTS DIRECTOR: ELECTED BY EDENJA COMMITTEE
6.1 CONTROLLING ALL TOURNAMENTS
6.2 CONTROLLING WORKING COMMITTEE
6.3 CONTROLLING TECHNICAL OFFICIALS
6.4 CONTROLLING REFEREES
6.5 CONTROLLING IT SPECIALISTS
6.6 CONTROLLING OF HEAD MANAGERS / COACHES
6.7 CONTROLLING EDENJA CAMPS & PRACTICES
6.8 CONTROLLING DIS TOURNAMENTS GROUP 1 – 6
6.9 POLICY DOCUMENTS
6.10 APPROVAL OF VENUES FOR EDENJA COMPETITIONS
6.11 PLANNING OF TRIALS & SELECTIONS
6.12 SUBMIT ANNUAL AND LONG TERM PERFORMANCE PLAN AND BUDGETS
6.13 ELECTED BY SPORTS DIRECTOR: – SUB COMMITTEE REPRESENTATIVES
6.13.1 REPRESENTATIVE WORKING COMMITTEE (TOURNAMENTS)
6.13.2 REPRESENTATIVE REFEREES
6.13.3 REPRESENTATIVE TECHNICAL OFFICIALS
6.13.4 REPRESENTATIVE IT SPECIALIST
6.13.5 CO-ORDINATOR SELECTIONS WITH ASSISTANTS
7. MARKETING & COMMUNICATIONS DIRECTOR: ELECTED BY EDENJA COMMITTEE
7.1 SPONSORS
7.2 CORPORATE JOINT VENTURES
7.3 WEB BASED MARKETING AND COMMUNICATIONS
7.4 MEDIA LIAISON
7.5 CONTROLLING MARKETING
8. DEVELOPMENT, TRANSFORMATION AND WOMAN IN SPORT DIRECTOR: ELECTED BY EDENJA COMMITTEE
8.1 LIAISE DEVELOPMENT PROJECTS
8.2 LIAISE CAREER PATHWAY
8.3 SUBMIT ANNUAL AND LONG TERM PERFORMANCE PLAN AND BUDGETS
EDENJA COMMITTEE
Secretary
Date: 20 February 2016
Authorised by Resolution of
the EDENJA COMMITTEE
Chairperson
Date: 20 February 2016