The name of the club shall be LYNWOOD CLUB, hereinafter referred to as the "Club"
The Club is a social, sporting and recreational club.
The objects of the Club are:
[a] to promote good fellowship among members;
[b] to promote and foster all branches of sport and recreation in Pietermaritzburg.
For the purpose of carrying out its objects, the Club shall have the following powers:
[a] to acquire and dispose of immovable property;
[b] to lay out, develop and maintain grounds and buildings for social, sporting and recreational purposes;
[c] to foster and promote autonomous subsidiary sections [hereinafter referred to as "Sections"] for the promotion of the various branches of sport for which it provides amenities and for the control and maintenance of such amenities;
[d] to borrow and raise money by the issue of debentures or otherwise or to lend money in such manner as the club shall deem fit;
[e] to enter into affiliation or reciprocity agreements with other clubs having similar objects;
[f] to make rules governing abd generally to regulate the behaviour of members and the relationship between the Club and Sections and between Sections;
[g] to maintain a club liquor licence in terms of the Liquor Act;
[h] generally to do all things necessary, incidental or ancillary to the foregoing.
The Club shall comprise the following classes of members:
Class A - Full Members
Persons who are also members of at least one of the sections. These members shall be entitled to all Club privileges, and to the use of the sporting or recreational amenities of the Sections of which they are members.
Class B - House Members
Persons who are not members of any Sections. These members shall be entitled to all Club privileges, but shall not be entitled to the use of any of the sporting or recreational amenities under the control of the Sections.
Class C - Country Members
Persons residing outside a radius of 35 kilometers from the Club House, who do not wish to join any subsidiary Section. Country Members are entitled to the same privileges as House Members
Class D - Temporary Members
Persons who are relatives or visitors of Full Members or House Members. These persons may be admitted as Full or House Members, with all the privileges of such other than voting at meetings, for periods not exceeding in any case three months in any financial year, upon payment of one-twelfth of the annual subscription for a Full or House Member, for each month in which he/she is a Member.
Class E - Honorary Life Members
Any Member who outstanding service to the club has been such as to merit special distinction mat be elected an Honorary Life Vice President and shall hereafter be entitled to the full privileges of the Club, providing that the following procedure has been adopted:
1. Such Member is proposed and seconded by Members of good standing and having been members for at least two (2) years.
2. The proposer and seconder must motivate their reasons for such proposal in writing and submit same to the Management Committee at least two (2) months prior to a special or annual General Meeting.
3. The proposal must have the unanimous approval of both the Management Committee and Sub sections.
4. The member concerned must be notified in writing.
5. The propsal must appear on the agenda of the relevant meeting.
6. the proposal must have the unanimous approval of all members present at said meeting.
Class F - Honorary Members
Persons invited in terms of Clause 10[H][xiii] and bona fide applicants for membership for the period during which their applications for membership are being considered by the committee.
Class G - Juvenile Members
Persons under the age of 18 years who are members of a Section. and who shall have the Club privileges within the required LiqourAct but shall not have a vote at meetings of the club.
[a] Each Candidate for admission to membership of the Club shall be proposed and seconded by persons already registered as Members for at least one year. The proposer and seconder shall be Members of good standing, and the candidate shall be personally known to both the proposer and seconder.
[b] Each proposal shall be entered on the form provided by the club, and shall state the candidate's name, address, profession, class of membership applied for, and all other relevant information required. All applications must be signed by the applicant, proposer and seconder, and must be accompanied by the relevant subscription.
[c] No person shall be elected as a member of the Club less than fourteen (14) days after nomination, or without his/her application having been screened on the Club premises for at least seven days.
[d] All applications will be considered by the Management Committee in office. Upon election, new members shall be supplied with a membership card and a copy of the Constitution and Rules. Members are bound by the terms of the Constitution and Rules or any amendments made thereto, and such members shall accept the ruling of the committee in all cases. In the event of an application being rejected, the Committee is not bound in any way to give reasons for rejection, but the subscription paid will be refunded.
[e] A Candidate who shall have been rejected shall not again be proposed for membership until at least three years after such rejection, except with the approval of the Management Committee and upon recording of the grounds therefor which have been deemed good and acceptable.
[f] No person shall become a Member of a section without being also being elected by a Member of the Club.
[g] The maximum number of Members that may be admitted to the club shall be determined by a General Meeting of Members. If at any time the Management Committee considers that sufficient members have been admitted, and no maximum has been determined by the General Meeting, the Committee may suspend the admission of further members pending a determination of the maximum number by a General Meeting to be summoned for the purpose without delay.
[a] The entrance fee and annual subscriptions may be increased at the discretion of the Management Commitee by no more than 10% in any one financial year of the Club without reference to a General Meeting.
[b] Any proposal to increase the entrance fee or annual subscription by more than 10% must have the support of at least tw0-thirds of the Members present at any General Meeting of which due notice has been given in terms of Clause 9. Such notice shall set forth clearly the proposed increases.
[c] Honorary Life, Honorary and Juvenile Members are exempt from paying subscriptions.
[d] All subscriptions shall be paid in advance not later than one month from the commencement of the Club year which commences on the 1st day of October. In the event of default continuing beyond a period of one month there from, defaulting Members shall be suspended forthwith, and shall be debarred from entering the Club premises, voting at meetings or participating in any of the Club facilities until all arrears are paid in full.
[e] A Member joining the club after the first half of the financial year, shall pay subscription at the rate of ONE-TWELFTH of the annual subscription for each unexpired month of the year in question.
[f] The payment of a subscription shall be deemed to be an acknowledgement by the Member that he/she is bound by all the clauses of this Constitution and by the Rules made thereunder.
[g] Subscriptions and entrance fees for Sections shall be as determined by the Sections concerned.
[h] Any member desirous of resigning membership must tender a resignation in writing to the Management Committee who shall accept the same provided all amounts due by such Member have been paid.
[i] Resignations must be submitted to the Committee before the 30th September which is the end of the financial year or such Member shall be liable for subscriptions for the following year.
[a] The affairs of the Club shall be administered by a Management Committee consisting of a President, Vice-President, Secretary, Treasurer, and one representative from each sub-section [hereinafter called the Office Bearers].
[b] A form calling for nominations for the positions of President, Vice-President, Secretary and Treasurer shall be placed on the notice board at least one month before the Annual General Meeting. Each nomination must in the first place be with the knowledge and consent of the person so nominated, and must be signed by the proposer and seconder.
[c] No member shall be eligible for nomination as an Office Bearer or representative of a Section unless he/she be of more than one year's standing.
[d] In the event of more than one nomination being recorded for any office, a ballot shall be held at the Annual General Meeting to decide the successful candidate.
[e] The term of all Office Bearers other than the Licensee, shall expire at the Annual General Meeting, and all retiring Office Bearers shall be eligible for re-election or re-appointment by their Sections.
[a] The financial year of the club shall end on the 30th September and the Annual General Meeting shall be held within two months thereof.
[b] Notice of General Meetings, including postponed meetings, shall be conveyed in writing to all Members at least fourteen days prior tothe date of such meeting, and an audited statement of the financial affairs of the Club for the previous year be made available at the Club to the Members at least seven days prior to the called Meeting.
[c] The Management Committee shall submit at the Annual General Meeting an audited statement of the financial affairs of the Club for the previous year, and a report of the affairs of the club during their term of office.
[d] Office Bearers other than the Licensee and representatives of Sections for the ensuing year shall be elected at the Annual General Meeting
[e] An Auditor who shall, if possible, be a Member of the Club, but not a Member of the Mangement Committee, shall also be appointed at the Annual General Meeting.
[f] The Management Committee may at any time call an Extraordinary General Meeting of the club on giving at least fourteen days' notice, specifying the object for which the meeting is called.
[g] Upon receipt of the requisition signed by at least 10 percent of Members of the Club, such requisition stating the object for which the meeting os to be called, the Committee shall be required to call an Extraordinary General Meeting. No other business than that specified shall be transacted at such Special Meetings.
[h] The quorum at any Annual General Meeting shall be 10 percent of Members, provided that should no quorum be present within 1o minutes of the advertised time of the Meeting, the Meeting shall be postponed to such a date as a majority of those present may decide. No quorum shall apply to such postponed Meeting.
[i] In the case of an Extraordinary General Meeting called by the requisition of Members, if a quorum of 10 percent of Members is not present, it shall be finally dissolved.
[j] Voting on all matters at the annual General Meeting shall be by show of hands unless a ballot is called for by a mojority of those present at the Meeting.
[k] Each Full, House or Honorary Life Member shall be entitled to one vote, and in the event of equality of votes, the Chairman shall have a second or casting vote.
[a] The Management Committee shall have full power to transact all business of the Club, and shall meet at least once a month, the quorum at such meetings except where otherwise specially provided being four: provided that the Committee shall not mortgage any of the Club's immovable property except with the authority of a General Meeting.
[b] Each Member of the Committee shall have one vote, and in the case of equality of votes, the Chairman shall have a second or casting vote.
[c] The Management Committee shall have the power to fill any vacancies amongst the officers and members of its Committee occuring during the year, and the members thus elected shall hold office until the next Annual General Meeting.
[d] The Management Committee shall have the power to appoint such Sub-Committees as it considers necessary to handle the affairs of the Club, and all Sub-Committees so appointed shall be under the control of the Management Committee. Any full Member or house member may be co-opted to serve on Sub-Committees.
[e] The President, or in his absence, the Vice-President shall preside at all meetings, and in the absence of both, the meeting shall appoint its own Chairperson.
[f] Members of the Management Committee absenting themselves from three consecutive meetings without reason shall automatically cease to serve on the Committee.
[g] All acts done by the Management Committee or the Members thereof in a bona fide execution of their duties shall be deemed to have been done by the club as a whole.
[h] Without prejudice to the generality of paragraph [a] the Management Committee shall have the full power to:
All notices posted on the notice board in the club shall be deemed to be due notice to every Member.
There shall be no distribution of profits among Members, and no Member shall have any claim upon or be entitled to participate in any of the property, effects, interest or funds of the Club other than through the use of the amenities of the Club as a Member.
The Constitution of the Club shall not be repealed or amended save by a resolution supported by at least two-thirds of the Members present and voting at an annual General Meeting or Extraordinary General Meeting of which due notice has been given in terms of clause 10. Such notice shall set forth clearly the amendment which it is intended to propose at the Meeting.
Any alteration or amendedment rejected by an Annual General Meeting or Extraordinary General Meeting shall not again be submitted within a period of less than six months.
Any amendments to the Constitution will be submitted to the Commissioner of Inland Revenue.
Should any rule/s be in conflict with the Liquor Act, or any amendment thereof, or any Act passed in place thereof, then such rule/s shall automatically be altered, modified or repealed so as to comply with provisions to any such amendment or new Act. The provisions of Section 74 of the Liquor Act shall be deemed to be incorporated herein.
On dissolution of the Association, the remaining assets will be given or transferred to another organisation with objects similar to those of the Association and which is itself exempt from income tax.
Any dispute in regard to the intepretation of this Constitution shall be determined by the Management Committee.
No profits or gains will be distributed to any person and the funds of the Association will be utilized solely for investment or the objects for which it was established.
Funds available for investment may only be invested with registered financials institutions as defined in Section 1 of the Financial Institutions [Investment of Funds] Act, 1984, and in securities listed on a licenced stock exchange as defined in the Stock Exchange Control Act, 1985 [Act No. 1 of 1985].