MODEL HELICOPTERS SOUTH AFRICA

CONSTITUTION OF MODEL HELICOPTERS SOUTH AFRICA

 1.                  Name.

The name of the association shall be the “Model Helicopters South Africa” (hereafter referred to as MHSA).

 

 

2.                  Affiliation.

MHSA may affiliate with any other legal entity having materially the same objects.

 

 

3.                  Objects of MHSA.

a)                 To form an association of aeromodellers, under the auspices of SAMAA who officially represent all forms of aeromodelling in South Africa.

b)                 MHSA has been formed to actively promote the assembly and flying of model helicopters.

c)                  To foster comradeship amongst MHSA members

d)                 To advance and protect the interests of all MHSA members and persons engaged in the activities of MHSA.

e)                 To create competitive opportunities and to regulate or contribute to the regulation of such activities at local and national levels.

f)                    To communicate and provide all relevant information on a regular basis to all members of MHSA and if applicable the South African community as a whole.

g)                 To establish links, relationships and to co-operate with National Interest groups, Model Aircraft Clubs, and all national entities having similar objectives.

h)                  To promote high levels of competency and proficiency amongst all pilots in South Africa.

i)                    To promote and maintain a core of experienced “Instructor Judges” in the various regions, for the purpose of proficiency testing.

j)                    To maintain a database of all MHSA pilots and all proficiency rated pilots

k)                  To promote MHSA and SAMAA, and to have as the guiding principal, the model enthusiast.

l)                    To organize workshops with speakers of stature.

m)               To encourage the hobby of flying model helicopters and to arrange fun days, airshows, displays and the like to expose the hobby to potential flyers.

n)                  To redress the inequalities of the past in aeromodelling and to actively pursue and implement a Transformation Plan for previously disadvantaged individuals in conjunction with SAMAA and the relevant Government Authorities to ensure access and full participation for all South Africans in all facets of aeromodelling.

 

4.                  Legal Capacity.

MHSA shall be a body corporate not for gain, with perpetual succession and capacity to acquire rights and incur obligations independent of its members. All assets, funds or property of MHSA shall be held or registered in the name of MHSA as a corporation at law.

 

 

5.                  Income.

All income of MHSA shall be applied solely towards the promotion of its objectives, and no portion thereof shall be paid or transferred directly or indirectly to any of it members, provided this shall not be construed to prohibit the bone-fide remuneration to any person or member of MHSA for services rendered to MHSA. Or the re-imbursement to any member of MHSA of reasonable costs incurred in pursuit of the objects of MHSA.

 

 

6.                  Liability of Members.

The liability of every member shall be limited to the amount of the relevant unpaid membership fee due by such member in terms of this constitution and beyond this no member shall be personally liable for any debts or legal liability of MHSA.

 

 

7.                  Membership.

a)         Membership of MHSA is open to all currently paid up SAMAA members

b)         Any person substantially interested in model helicopters of any description shall be eligible for membership. Membership will be conditional on completion of the application form, payment of the membership fee and acceptance by the members.

c)                  A pilot who pays the entry fee does not necessarily have to fly in any events to maintain membership.

d)                 A junior member is described as a person under 18 years of age

e)                 Each member must accept and abide by MHSA rules and regulations, and the SAMAA rules and regulations.

g)         The Management Committee may refuse any application for membership without assigning any reasons therefore, whereupon all accompanying fees are refundable.

h)         Membership shall cease on the happening of any of the following events:

h.1       At the end of the financial year.

h.2       Upon receipt of resignation

h.3       Upon membership being terminated by the Management committee in terms of this constitution or any process instituted in terms thereof.

h.4       On the death of a member.

i)                    In the event of cessation of membership, all subscriptions and other fees paid shall be forfeited to MHSA.

j)          The amount of the annual subscriptions fee will be agreed to by the members at the AGM.

k)         MHSA’s financial year shall commence on the first day of January in each year and shall terminate on 31^st. December of that year.

 

 

8.                  Management Committee.

a)                 All the business and related matters of MHSA shall be managed, dealt with and finalised by the Management Committee of MHSA (hereinafter referred to as the Committee).

b)                 The Committee shall consist of at least a Chairperson, Vice Chairperson, Secretary and Treasurer.

c)                  The Secretary and Treasurer posts can be held by one person, if the Committee Members believe the person nominated is capable of holding both positions.

d)                 The Chairperson of MHSA shall be the Chairperson of the Committee meetings and in his or her absence, the Vice-Chairperson shall act as Chairperson. In the absence of both, the Committee shall elect a Chairperson for the meeting. The Chairperson shall have a casting vote as well as deliberative vote and all decisions shall be carried by a simple majority of the Committee Members present.

e)                 The Committee may co-opt additional members from time to time.

f)                    All members of the Committee shall be SAMAA members.

 

 

9.                  Election of Committee Members.

a)         The Committee Members to be elected in terms of Section 8b shall be nominated and voted in, by a majority vote, by the members present at the AGM.

b)         Every member of MHSA shall be entitled to attend and vote at any AGM and Special General Meeting provided the member is not in arrears with any payment due to MHSA.

c)         Votes shall generally be counted by a show of hands, but the chairman has the right to call for a secret vote (ballot) if the issue at stake is of such a nature as to require this.

d)         All voting shall be open to scrutiny by the members.

e)         A proxy vote is available for use by members who can not attend the AGM or Special General Meeting personally.

 

 

10.             Powers of the Committee.

The Committee shall actively pursue the objects of MHSA by managing and administering the affairs and business of MHSA in terms of the laws of the country, consider any matter affecting the flying of model helicopters, make representations or take such action as the Committee deems advisable and in particular may:-

a)         Acquire, hire or dispose of property, borrow money on the scrutiny of the assets of MHSA and accept and administer any trust or donation.

b)         Render financial assistance to any person or legal entity in order to promote and realise the objects of MHSA.

c)         Delegate to any Committee Member or member of MHSA such of its powers as it may from time to time determine, but shall not be divested of any power so delegated.

d)         Make rules on all matters that the Committee considers necessary or expedient in order that the objects of MHSA may be achieved.

e)         Calculate the subscription to be paid by the members for each financial year in order to ensure that the objects of MHSA are achieved on a sound long-term financial basis. (Confirmation of subscription required at AGM. See clause 7(j).)

f)          Arbitrate on any issue to ensure that the objects of MHSA are adhered to at all times. Should the parties not be able to reach an agreement, the dispute may be referred to SAMAA for finalisation. (See clause 15)

g)         Discipline, after investigation and due process, any member of MHSA who has transgressed or who is in contravention of the objects of MHSA and may after the process, suspend or terminate the membership of any member.

h)         Determine the arrangements and criteria for National Events.

 

 

11.             Duties of the Committee.

a)         Conflict of Interest.

A Committee Member of MHSA or a member of MHSA to which powers of MHSA have been formally delegated by the Committee, shall declare his or her position regarding an actual or potential conflict of interest prior to the consideration by the relevant body of any matter in which such member has an actual or potential conflict of interest and shall immediately recluse him/herself for the duration of the debate and consideration of the matter.

 

b)         Motion of No Confidence.

At any formal meeting of MHSA, if a motion of no confidence is directed against the Committee or a Committee Member and is seconded and adopted by majority vote, the member(s) shall immediately vacate their position(s) whereupon the vacancies so created will immediately be filled in terms of Section 11(d) of the constitution.

 

c)         Attendance at Meetings.

If a Committee Member is absent for more than two consecutive meetings, without the Chairman’s acceptance, the Committee Member shall automatically vacate their position.

 

            d)         Vacancies.

Every vacancy arising from the circumstances referred to in Section 11(b)(c) and every vacancy caused by death or resignation of a Committee Member, shall be filled by a new member elected at the following Special General Meeting.

 

            e)         Minutes.

The proceedings of every meeting of MHSA shall be preserved in Minutes compiled by a person designated prior to the commencement of such a meeting, and shall be ratified at the next meeting, after confirmation by the signature of the Chairperson of the meeting.

                       

f)          Ratified copies of the minutes of the meetings of the Committee and ratified copies of the minutes of all meetings of MHSA shall be preserved and forwarded to the General Secretary of SAMAA.

 

 

12.             Duties of Chairperson of Management Committee.

a)         The Chairperson of the Committee shall ensure that all Office Bearers are informed of their duties and perform their duties adequately and copies sent to the General Secretary of SAMAA.  The Chairperson shall make the necessary arrangements for assistance or relief of Office Bearers, if circumstances so require.

b)         The Chairperson will set up the dates and venues for all meetings and will chair these meetings and ensure that minutes are taken

c)         The Chairperson will ensure that MHSA operates in a controlled manner and will represent MHSA at meetings and rule on disciplinary matters.

d)         The Chairperson will have a budget prepared and ensure that MHSA operate within the budget.

e)         The Chairperson is empowered after issuing a warning, to request the resignation of any member of the Committee or Sub-Committee, who in his view, is not performing his duties adequately (after having received adequate assistance) or is obstructing the work of the Committee. Such a resignation request shall not be opposed by the Committee Member and his resignation will be tabled prior to the next Committee Meeting.

 

 

13.             MHSA Meetings.

a)         The Annual General Meeting: will be held at or during the MHSA National Championships. At this meeting, the chairman’s and financial report will be presented; matters of importance and constitutional changes will be discussed and the management committee appointed. A quorum for this meeting is 10 members present. An agenda and other relevant information to be discussed, including proposed constitutional changes, must be sent to the members, to their last known address, at least 14 days prior to the meeting. This address may be an e-mail address.

b)         Committee Meeting: a minimum of four per year will be arranged and held at a time and place convenient to the majority of Committee Members. For decisions to be taken at this meeting, four Committee Members are required to be present.

c)         Special General Meeting: these will be arranged by the Committee when required or if so requested, in writing by at least six members of MHSA. The quorum for this meeting is 10 members present. An agenda and other relevant information must be sent to the members, to their last known address, at least 14 days prior to the meeting. This address may be an e-mail address.

 

 

14.             Attendance at Meetings.

a)         Every member of MHSA shall be entitled to attend and vote in person or by proxy at any Annual General Meeting and Special General Meeting; provide he / she is not in arrears with any payment due to MHSA and if such be the case then he /she is disqualified from voting at such meetings. Admittance to the meeting may require the presentation of the member’s membership card. (In the case of proxy votes, a maximum of 3 proxy votes per attending member will be accepted).

b)         The majority of the votes of members present shall decide any question at the meeting, except that in the case of a constitutional matter, where a two-thirds majority of the votes of members present is required at an Annual General Meeting or Special Meeting.

c)         At all meetings the Chairperson shall have a casting vote as well as a deliberative vote.

d)         Votes shall be given by a show of hands or ballots as decided by the Chairperson

e)         A junior member may attend any meeting of MHSA but shall not be entitled to vote.

f)          Each Committee member shall have one vote.

 

 

 

15.             Grievance and Disciplinary Procedure.

In the case of either a grievance being received from a member or a number of members or in the case of a disciplinary matter, the Chairperson shall appoint a Sub-Committee to hold a hearing and come up with a recommendation. Such recommendation shall be presented to the Committee for further action. In unresolved cases, the Committee has the right to refer the matter to the SAMAA Management Committees whose decision shall be final.

 

 

16.             Auditor.

The Committee shall annually appoint an accountant, who shall not be a member of the Committee, to examine and report upon the accounts of MHSA.

 

 

17.             Amendment of Constitution.

a)         The constitution may be repealed, substituted, amended or added to at the Annual General Meeting, or at a Special General Meeting.

b)         Notice specifying the nature of the contemplated amendment, alteration or substitution shall be circulated to the all members of MHSA, at least 14 days prior to the AGM or Special General Meeting, to their last known address. This address may be an e-mail address.

c)         The alteration, amendment or substitution shall be accepted if approved by two-thirds majority of the members present at the AGM or Special General Meeting.

 

 

18.             Proof of Constitution.

A copy of the constitution certified by the Chairperson or Vice-Chairperson of the Committee shall be accepted as evidence for all purposes whatsoever.

 

 

19.             Interpretation of Constitution.

Should the interpretation of any clause or sub-clause of this constitution be in doubt, the matter will be referred to SAMAA for clarity.

 

 

20.             Dissolution.

a)         MHSA shall only be dissolved by a resolution passed by two-thirds majority of the members present and entitled to vote at a Special General Meeting called for that purpose.

b)         The quorum for such meeting shall be at least one-third of the total number of the members who are entitled to vote.

c)         Notice of such meeting shall clearly state that the dissolution of MHSA and disposal of its assets will be decided.

d)         If there is no quorum at such meeting, the meeting shall be adjourned to a time and place as shall be decided upon by the members in attendance and when the meeting is reconvened, a final decision may be reached with an ordinary majority vote, irrespective of the number of members in attendance.

 

 

21.             Disposal of Assets on Dissolution

In the event of the dissolution of MHSA, any property of MHSA shall not be distributed to the members, but shall be transferred to or put into trust for some other institution or association having similar objects to those of MHSA.