CONSTITUTION OF WESTERN PROVINCE SQUASH
1.1 The sport of Squash is at present organised and administered by three legally constituted and autonomous administrative bodies, namely Western Province Women's Squash Rackets Association ("WPWSRA"), Western Cape Squash Rackets Federation ("WCSRF") and Western Province Squash Rackets Association ("WPSRA").
1.2 These three bodies have agreed to unify in order better to promote the interests of all squash players in the Western Province, to promote the playing of squash in a manner which is totally democratic, non‑racial and non‑sexist, and to develop the sport and its facilities amongst all communities in the Western Province.
For this purpose the members of all three administrative bodies have agreed to dissolve themselves and simultaneously to reconstitute themselves as a unified body in terms of this Constitution. Accordingly all the assets and obligations of WPWSRA, WCSRF and WPSRA shall with effect from the date of adoption of this Constitution, be deemed to be the assets and liabilities of WP Squash, and WP Squash shall accordingly be deemed to be the lawful successor in title of the three above‑mentioned administrative bodies.
2. CONSTITUTION, NAME AND LEGAL STATUS:
2.1 This is the Constitution of the body to be known as "Western Province Squash" ("WP Squash"), and which replaces WPWSRA, WCSRF and WPSRA with effect from the date of adoption of this Constitution.
2.2 WP Squash is a voluntary association, and has a legal personality separate from that of its members who shall not be liable for any debts or other legal obligations of WP Squash. It shall be entitled to own property, whether movable or immovable, and to sue or be sued in its own name.
3. AREA OF JURISDICTION:
The area of jurisdiction of WP Squash shall be that within that area of the Cape Province which is bounded to the North and East respectively by the Magisterial districts of Vredenburg, Hopefield, Malmesbury, Tulbagh, Ceres, Worcester, Paarl, Wellington, Stellenbosch, Somerset West and Strand but including the Elgin/Grabouw area. Its headquarters shall be in Cape Town.
The objects of WP Squash are:
4.1 To act as the controlling and administrative body of the sport of squash within its area of jurisdiction, but subject to the authority of the national controlling body of the sport and to the rules laid down from time to time by the World Squash Federation.
4.2 To foster the development of the game of squash in the Western Province for the benefit of all persons in that area irrespective of their colour, gender or religious convictions.
4.3 To develop the sport of squash and the provision of facilities and equipment amongst disadvantaged sections of the community in the Western Province.
4.4 To organise the playing of the sport of squash within its area of jurisdiction including the playing of league matches, the holding of competitions and tournaments, the settlement of disputes and the implementation of disciplinary action, subject always to the provisions of this Constitution.
4.5 To ensure that all of its activities are conducted in a totally non‑discriminatory manner, and that gender, colour, race or religious conviction shall not be a basis for discriminating against or affording privileges to any person or group of persons.
5.1 All existing members of the WPWSRA, WCSRF and WPSRA shall upon the dissolution by such members of their respective bodies and the simultaneous adoption of this Constitution, be deemed to be members of WP Squash.
5.2 Notwithstanding the provisions of 5.1 above, no existing member shall be entitled to become a member, nor shall any new applicant for membership of WP Squash be entitled to such membership, if its Constitution contains any provisions which may be regarded as discriminatory on the grounds of gender, race, colour or religious conviction. All existing members shall accordingly submit copies of their Constitutions to WP Squash within six (6) months of the date upon which this Constitution is adopted. Should any member fail to do so, or should such Constitution contain any provision/s which may be regarded as discriminatory, the Board may at its sole discretion suspend such member's membership of WP Squash until the constitution is submitted or until the discriminatory provision/s is/are removed, as the case may be.
5.3 The following shall be eligible for membership of WP Squash provided only that they are situated within its area of jurisdiction:
5.3.1 squash clubs including any section of a club which either itself or through the main club of which it is a section, caters for the playing of squash;
5.3.2 clubs, schools, institutions of tertiary education and other institutions which include the game of squash among their activities.
5.4 Application for membership of WP Squash shall be made in writing and shall be accompanied by a copy of the applicant's constitution. Such application may be accepted or rejected by the Board of the WP Squash. An applicant whose application for membership is rejected by the Board shall be entitled to appeal to a General Meeting of WP Squash. Neither the Board nor such General Meeting shall be obliged to furnish reasons for any such rejection.
5.5 The members of WP Squash in General Meeting shall be entitled to elect honorary life members of WP Squash in recognition of their services to the game of squash or to WP Squash.
6.TERMINATION OF MEMBERSHIP:
6.1 Any member may resign as a member of WP Squash by written notice to the secretary.
6.2 The Board of WP Squash may after due enquiry expel any member from WP Squash provided that:
6.2.1 Pending the holding of such enquiry, the Board may suspend such member.
6.2.2 Such member shall be entitled to be heard and to be represented at such enquiry.
6.2.3 The decision of the Board to expel such member shall be subject to appeal to a General Meeting of the members of WP Squash.
6.3 Where a member fails to pay any monies due to WP Squash within three (3) months of the date upon which they became due for payment, the Board of WP Squash may terminate such member's membership of WP Squash by written notice. The Board may thereafter on good cause shown and on payment of all arrears re‑instate such member.
No refund of any subscription or other fee or charge shall under any circumstances be due by WP Squash to a member on cessation of its membership for any reason.
7.OBLIGATIONS OF MEMBERS:
7.1 By becoming and/or remaining members of WP Squash, such members impliedly agree:
7.1.1 to abide by the provisions of this Constitution and any rules and/or by‑laws made by the Board in terms hereof; and
7.1.2 that infringement of them shall lay the infringer open to disciplinary action in terms of this Constitution.
7.2 The liability of any member of WP Squash is limited to the sum of any monies then due and payable by such member to WP Squash by way of subscription or otherwise.
8. REPRESENTATION IN TEAMS:
No person shall be eligible to represent WP Squash:
8.1 At an Inter‑Provincial Tournament unless he/she satisfies the residential requirements of Squash SA as laid down from time to time; or
8.2 In any squash team (other than a team participating at an Inter‑Provincial Tournament) unless he/she satisfies such residential requirements as are stipulated by the Board of WP Squash from time to time.
9. ANNUAL GENERAL MEETINGS:
9.1 The Annual General Meeting of WP Squash shall be held during November of each year at such time and place as is determined by the Board. Not less than twenty one (21) days written notice thereof shall be given to all members.
9.2 All members of WP Squash shall be entitled to be represented at the meeting, and a roll shall be taken of all members so represented. A member shall be entitled to be represented by proxy, provided that a written proxy in a form acceptable to the President of the meeting is delivered to the Administrator of WP Squash prior to the commencement of the meeting.
9.3 A quorum shall consist of one third (1/3rd) of the voting strength of all members of WP Squash.
9.4 Save where this Constitution provides to the contrary, resolutions may validly be passed by a simple majority of the total votes cast at the meeting. Voting shall be by a show of hands unless a ballot is demanded by not less than two (2) members.
9.5 The business to be transacted shall be:
9.5.1 To read and, if so resolved, to confirm the minutes of the last General Meeting.
9.5.2 To receive and consider the report of the President of the Board on the activities of WP Squash and the Board during the past year.
9.5.3 To receive and to adopt, with or without qualification, or to reject, the audited financial statements of WP Squash for the previous financial year, and to receive and adopt, with or without modification, a draft budget for the ensuing year. The financial year of WP Squash shall be from 1st September of each year to 31st August of the following year.
9.5.4 To appoint the auditors of WP Squash for the ensuing year.
9.5.5 To receive and consider the reports of such persons relating to the affairs of WP Squash as the Board may from time to time deem appropriate.
9.5.6 To elect the Board of WP Squash (save for the Administrator) as constituted in terms of 12.1 below and in the manner provided for in 12.2 below.
9.5.7 To consider and to adopt, with or without modification, or to reject, any resolution of which written notice was given to the Administrator of WP Squash not less than twenty one (21) days prior to the date of the meeting.
9.5.8 To discuss and consider any other matter/s which the President in his/her sole discretion may deem appropriate.
10. SPECIAL GENERAL MEETINGS:
10.1 A Special General Meeting may be called by the Board of its own motion, and shall be called by it on receipt of a written request from members of WP Squash comprising not less than twenty five per cent (25%) of the voting strength of WP Squash who must furnish their reason/s for requesting the meeting.
10.2 Not less than fourteen (14) days written notice of such meeting, giving reasons, shall be given to all members.
10.3 All members of WP Squash shall be entitled to be represented at the meeting, and a roll shall be taken of all persons present. A member shall be entitled to be represented by proxy, provided that a written proxy in a form acceptable to the President of the meeting is delivered to the Administrator of WP Squash prior to the commencement of the meeting.
10.4 A quorum shall consist of one third (1/3rd) of the voting strength of all members of WP Squash.
10.5 Save where this Constitution provides to the contrary, resolutions may validly be passed by a simple majority of the total votes cast at the meeting.
10.6 The business to be transacted shall be as follows:
10.6.1 To read and, if so resolved, confirm the minutes of the last General Meeting.
10.6.2 The President shall read the resolution/s to be considered by the meeting and shall permit a representative of the member/s which requested the meeting to provide the motivation for the resolution/s.
10.6.3 Those present shall consider and discuss the resolution/s before the meeting and thereafter vote upon it/them with or without modification.
10.6.4 No business other than that referred to in the notice given in terms of 10.2 shall be transacted at the meeting.
11. VOTING RIGHTS:
11.1 Members shall be entitled to vote as follows at meetings of WP Squash:‑
Playing membership of 0 ‑ 50 : 1 vote
Playing membership of 51 ‑ 100 : 2 votes
Playing membership of 101 & over : 3 votes
11.2 For the purpose of this Clause, the playing membership of a member shall be determined by multiplying by five the number of league teams fielded by such member during that year.
11.3 The vote/s to which a member is entitled in terms of 11.1 may only be cast by the official representative of the member present at the meeting or by its proxy.
11.4 An honorary member and/or member of the Board of WP Squash shall not have the right to vote unless he is the official representative of a member at the meeting.
12. THE BOARD
12.1 The Board of Western Province Squash shall comprise the following:
12.1.1 A President
12.1.2 A Financial Consultant
12.1.3 An Administrator, being the person employed as Administrator of Western Province Squash
12.1.4 Up to 3 (three) ordinary members
At least 2 (two) members of the Board shall be women.
12.2 The Board shall comprise members who have expertise in the designated areas, as a result of their past involvement in the administration of Western Province Squash or squash in general.
12.3 The election of the Board of Western Province Squash as contemplated in Clause 9.5.6 above shall be in accordance with the following provisions:
12.3.1 No person shall be eligible for election to the Board unless he/she has been nominated as such prior to or at the meeting, save that nominations for the positions of President and Financial Consultant may only be made in writing to the Administrator of WP Squash not less than seven (7) days prior to the date of the meeting.
12.3.2 A person may be nominated for more than one position on the Board, but such nomination shall only be valid for the alternative position/s if he/she is not elected to the first position for which he/she has been nominated.
12.3.3 If no nomination is received for the position of President or Financial Consultant, the existing President or Financial Consultant (as the case may be) shall, if available, continue in office until the next Annual General Meeting, failing which the members of the new Board shall at their first meeting elect a person to act as President or Financial Consultant (as the case may be).
12.3.4 If less than two (2) women are nominated for and elected to the Board, then the required number of women board members shall be made up by way of co-option by the Board as soon as possible, (but in any event within thirty (30) days) after the conclusion of the meeting. It shall accordingly not be competent to elect more than four (4) men as members of the Board at the meeting.
12.3.5 If more persons are nominated than the number of vacancies, election shall be by a show of hands unless a ballot is demanded by not less than two (2) members. However until a total of two (2) women have been elected to the Board, the women who receive the highest number of votes amongst the women nominees shall be deemed to have been elected. Thereafter the remaining positions on the Board shall be filled by the candidates who have received the highest number of votes, irrespective of their gender.
12.3.6 The term of office as President shall be a period of 4 years subject to a maximum of 2 terms so that no member shall serve on the board as President for more than 8 consecutive years."
12.4 The first meeting of the newly-elected Board shall be held within thirty (30) days of its election, and such further meetings shall be held as and when determined by the President , which shall be at least quarterly.
12.5. Not less than seven (7) days notice of meetings of the Board shall be given to Board members, except in cases of emergency when a shorter period of notice may be given.
12.6 A quorum shall consist of three (3) members, of whom two (2) shall be either the President, Financial Consultant or the Administrator. Each member shall have one vote. The President shall have a deliberative but not a casting vote.
12.7 Resolutions may validly be passed on a simple majority of votes cast.
12.8 A member who absents himself/herself from two or more consecutive Board meetings without the leave of the President shall ipso facto cease to be a member of the Board.
12.9 The Board may summon to any meeting in an advisory capacity any person whom it deems fit.
12.10 In the absence of the President, the Board members present shall, unless a Vice-President has previously been nominated and appointed as such by the Board, elect a person who shall act as President at the meeting.
13. POWERS OF THE BOARD:
13.1 The Board of WP Squash shall have all powers which may be necessary or requisite to carry out and give effect to the objectives of WP Squash as recorded in 4 above. Without in any way detracting from the generality of this provision, the Board shall have the power:
13.1.1 To make, amend and repeal rules and/or bye‑laws not inconsistent with this Constitution or with the Rules of Squash, provided that no rules or bye‑laws in any way affecting women squash players shall be effective or binding unless they are approved by a majority of the women members of the Board.
13.1.2 To organise league fixtures, championships and other tournaments.
13.1.3 To initiate and co‑ordinate the development of squash facilities and equipment amongst all sections of the community, with particular emphasis on disadvantaged sections thereof.
13.1.4 To arrange for coaching and for coaching and refereeing courses for its members.
13.1.5 To give the official approval of WP Squash to builders of courts, to manufacturers and suppliers of articles used in the game of squash, and to coaches and professionals.
13.1.6 To award representative colours.
13.1.7 To propose persons for election as honorary members.
13.1.8 If necessary, to nominate a person/s to represent WP Squash at meetings of Squash SA.
13.1.9 To appoint trustees in respect of any trust formed for the purpose of fulfilling the objects of WP Squash as set out in Clause 4, and to replace such trustees from time to time.
13.1.10To operate such accounts with financial institutions as are necessary for the proper administration of the financial affairs of WP Squash, to designate signatories for such accounts and, if necessary in the interests of WP Squash, to operate on overdraft.
13.1.11To acquire in any way or to dispose of in any way, moveable or immovable property, and to burden the same whether by way of pledge, mortgage or the like.
13.1.12To enter into contracts of all kinds with a view to fulfilling the objectives of WP Squash.
13.1.13To employ, dismiss and remunerate employees, professionals and experts.
13.1.14To take out such insurance as it may deem fit.
13.1.15To institute, conduct, defend, compile or abandon any legal proceedings by or against WP Squash.
13.1.16To raise money whether by subscription or otherwise from its members, and to utilise the same for such purposes as it may deem appropriate in fulfilling the objectives of WP Squash.
13.1.17To impose fines or take such other disciplinary measures against any of its members or any squash player participating in its activities, as it may deem fit.
13.1.18To co‑opt onto the Board such additional members not exceeding four (4) as it deems appropriate.
13.1.19To appoint such sub‑committees as it may deem appropriate.
13.2 The Board shall keep a roll of members of WP Squash.
13.3 The Board shall not incur any single item of expenditure which exceeds 15% of its annual income from subscriptions without the prior approval of a General Meeting of members of WP Squash whether by way of the general approval of a draft budget for WP Squash in terms of 9.5.3. above or otherwise.
14. HONORARY OFFICIALS:
14.1 The Board shall have the power to invite one person to be Honorary President and a maximum of five (5) persons to be Honorary Vice‑Presidents of WP Squash, provided that:
14.1.1 At least one (1) of them must be a woman;
14.1.2 All such persons must be suitable candidates for such positions by virtue of their respective contributions to squash in the Western Province.
14.2 If such invitations are accepted, such persons shall be appointed as Honorary President and Honorary Vice‑Presidents respectively for the ensuing year.
14.3 The Honorary President and Honorary Vice‑Presidents shall have the right to attend meetings of the Board and of WP Squash, but shall not have the right to vote.
15.1 The blazer shall be navy‑blue and of approved design. The badge shall carry a Disa beneath which a pair of squash racquets crossed, heads uppermost, in white or silver incorporating also in white or silver the words "W P Squash". Items of clothing shall bear colours and design in miniature similar to the blazer badge.
15.2 The Board may award colours to any person who is chosen as a member of a team representing Western Province. Colours awarded each year shall either be new awards (in the case of a person who has not previously been awarded colours) or re‑awards. The award of colours shall be considered by the Board upon selection of the Western Province teams to participate in the South African Inter‑Provincial Tournament, and these colours shall be awarded before the Tournament to such players as the Board deems fit. Other awards of colours shall be considered by the Board at the end of the season, but the Board shall have the right to award colours during the course of the season.
15.3 The Board may make an appropriate award incorporating the symbol of WP Squash to the President, any Vice‑President or to honorary life members of WP Squash.
15.4 Colours once awarded may be worn for life unless the right to wear them is withdrawn by WP Squash.
16. FEES AND SUBSCRIPTIONS:
The following sums shall be payable annually by all members:
16.1.1 Such subscription as is determined from time to time at the Annual General Meeting of WP Squash.
League fees, in addition to a subscription, to increase axiomatically annually, based on the prevailing Consumer Price Index.
16.1.2 The above subscription shall be due and payable on or before the last day of February of each year.
16.1.3 The first sums due by new members joining WP Squash after the last day of February in any year shall be payable immediately upon acceptance of their application for membership, but shall be subject to such proportionate rebate as may be determined by the Board, whose decision shall be final.
16.1.4 Should a member fail to pay any part of its subscription to WP Squash by due date the Board may at its discretion impose a penalty for late payment, provided that such penalty shall not exceed an amount equivalent to the amount unpaid.
16.2 Squash SA affiliation fee:
16.2.1 Such affiliation fee per player as is determined from time to time by Squash SA. The affiliation fee shall be remitted direct to Squash SA in accordance with the procedures stipulated with regard thereto by Squash SA from time to time.
For the purpose of Clause 16.2 only, the playing membership of a member shall be determined by applying such principles as are laid down from time to time by Squash SA.
17. DISCIPLINARY POWERS:
In addition to the power of expulsion referred to in 6.2, the Board shall have the powers hereinafter set out in respect of any member or individual player of a member, who contravenes or fails to comply with the provisions of this Constitution or any of the rules and/or by‑laws made by WP Squash from time to time, or who is guilty of conduct which is, in the opinion of the Board, likely to prejudice the status or interests of WP Squash or to bring the game of squash into disrepute:
17.1 Warning and/or
17.2 Reprimand and/or
17.3 Temporary suspension from membership and/or
17.4 Expulsion from membership and/or
17.5 Exclusion from league, championships, tournaments or competitions for a specified period and/or
17.6 Withdrawal of the right to wear WP Squash colours and/or
17.7 Imposition of a fine not exceeding the annual subscription of that member in the case of a member, or not exceeding Five Hundred Rand (R500.00) in the case of an individual player, provided that the penalties referred to in 17.4 and 17.7 above shall not be exercised until an enquiry has been held as provided for in Clause 6.2.
Should any dispute arise, which cannot otherwise be settled amicably, in regard to any matter arising, either directly or indirectly, out of this Constitution and/or the rules and/or bye‑laws made by the Board, or the general conduct of the Board in relation to the affairs of WP Squash, such dispute shall be referred for arbitration to the Executive Committee of Squash SA whose decision shall be final and binding on all parties to the dispute.
19. AMENDMENT OF CONSTITUTION:
19.1 This Constitution may be amended at any time by members in General Meeting upon a majority vote of not less than two thirds (2/3rds) of the total voting strength of all members of WP Squash, provided that not less than twenty‑one (21) days written notice of such meeting, specifying the nature of the proposed amendment/s, has been given to all members. No such amendment shall be valid or effective until it has been approved by Squash SA.
19.2 Notwithstanding the provisions of 19.1 above, no provision in this Constitution relating to women may validly be suspended, amended, cancelled or abolished without the approval of at least sixty per cent (60%) of women squash players belonging to members and who are present at a meeting specifically called for this purpose.
20. EXISTING RULES, BY‑LAWS AND ACTIONS OF WP SQUASH:
20.1 All existing rules, by‑laws and the like of WPWSRA, WCSRF and WPSRA as at the date of approval and adoption of this Constitution, shall remain of full force and effect until repealed or amended by WP Squash or its Board.
20.2 All contracts entered into by the Committees of WPWSRA, WCSRF and WPSRA prior to the date of approval and adoption of this Constitution shall be effective and binding on WP Squash and shall be deemed to have been made, entered into or taken (as the case may be) by WP Squash.
21. DISSOLUTION OF WP SQUASH:
21.1 WP Squash may be dissolved or wound‑up at any time by members in General Meeting upon a majority vote of not less than three quarters (3/4) of the total voting strength of members of WP Squash, provided that not less than twenty one (21) days written notice of such meeting, specifying the terms of any resolution to be considered at such meeting, has been given to all members.
21.2 Upon the dissolution or winding‑up of WP Squash, all the property and assets of WP Squash shall, after discharge of all its liabilities, in the discretion of members be transferred free of compensation to any other association or organisation having objects similar to WP Squash or distributed amongst such members on an equitable basis.
15 August 2003
24 October 2007
23 November 2010
11 December 2020