Central Gauteng Tenpin Bowling Association

Bowling....It's more than just a game

Constitution

 

Chapter 1: Statutes

 

The geographical area of the Central Gauteng Tenpin Bowling Association  (CGTBA) shall include all Member associations and associated Members sponsoring or conducting tenpin bowling in the boundaries of Central Gauteng (as demarcated by the Demarcation Board of South Africa).

 

1.1

Name and Office

1.1.1 This organisation shall be known as the Central Gauteng Tenpin Bowling Association of South Africa, hereinafter referred to as CGTBA.
1.1.2 Its main office shall be established in the city where the President resides unless provided otherwise by its Executive Council.

 

1.2

Definitions

1.2.1 ‘Constitution’ shall mean this Constitution, its provisions, the Appendix hereto, Bye-Laws, and due decisions and /or orders arising there-from, as amended from time to time.
1.2.2 ‘Members’ shall mean the Affiliated, Associated and Individual Members of CGTBA, the individual members of such Affiliate Members, Honorary and Life Members unless otherwise stated.
1.2.3 ‘Tournament’ means competition, event, meeting, camp, clinic, tour or the like.
1.2.4 ‘Code of Conduct, means the Code of Conduct, as amended from time to time, as set out in Appendix III hereto.
1.2.5 ‘Disciplinary enquiry’ shall mean a disciplinary enquiry, investigation, hearing or the like.
1.2.6 ‘Drug/s’ shall mean any substance/s, method and/or provision regulated in accordance with the World Anti Doping Agency (WADA) Doping Control Programme.

 

 

 

1.3

Affiliation and Membership

1.3.1 CGTBA will be affiliated to:
1.3.1.1 The Tenpin Bowling Association of South Africa (TBASA)

 

1.4

Objectives

1.4.1 To encourage the development of tenpin bowling throughout the CGTBA geographical area.
1.4.2 To conform to the rules as set out by TBASA and make sure they are not contradictory to TBASA regulations.
1.4.3 To maintain an efficient communication system within the CGTBA organisation.
1.4.4 To support and encourage Affiliated and Associated Members in their efforts to develop and promote tenpin bowling within the region.
1.4.5 To conduct South Africa tenpin bowling championships for adult and youth members of the TBASA Members.
1.4.6 To promote national competition in tenpin bowling within the CGTBA geographical area.
1.4.7 To establish prerequisite conditions for conducting championships and tournaments in accordance with the rules established by the ETBF and WTBA Congresses.
1.4.8 To contribute to the development of tenpin bowling within the region.
1.4.9 To support the efforts of the TBASA, ETBF, WTBA and FIQ to get tenpin bowling accepted as a fully recognized athletic competition in the Olympic Games.
1.4.10 To maintain a financial structure, which guarantees the continued existence of the organisation.

 

1.5

Official Language

1.5.1 The official language of CGTBA shall be English. A Member shall have the right to bring an interpreter to meetings at its own cost.
1.5.2 Words in the singular shall include the plural, words in the plural shall include the singular; words of the masculine, feminine or neutral gender shall include any gender, except in the specification of a competition being for male or female competitors; and correction of any manifestly evident typographic errors shall be made

 

1.6

Membership

1.6.1 Affiliated Member
1.6.1.1 A bona fide body, on either a regional or other basis shall be eligible for membership of, and affiliation to, CGTBA as an Affiliated Member.
1.6.1.2 All applications for Affiliate Membership of CGTBA shall be made in writing to the Secretary, and must be accompanied by the prescribed application fee (which shall be refunded if the application should not be approved), together with a copy of the constitution and rules of the applicant, and any other information that CGTBA may require in support of the application.
1.6.1.3 Such applications shall be considered at a Congress Meeting of CGTBA and may be accepted only if passed by a two-thirds majority of those present and eligible to vote.
1.6.1.4 The prescribed application fee for intended Affiliated Members shall be determined by the Executive Council of TBASA, and advised annually at its Congress.
1.6.1.5 Each Affiliated Member shall acknowledge in its Constitution and Rules, that TBASA is the only recognized body in the Republic of South Africa that governs the sport of tenpin bowling, and that it is bound by the provisions of the Constitution of TBASA.
1.6.1.6 Affiliated Members shall provide CGTBA with a copy of their Constitution.
1.6.1.7 No Affiliated Member or individual member of an Affiliated Member may sit on any Committee, Executive or Council, or act as an official at or take part in any competition, whilst under sentence of disqualification or suspension for any offence committed by him.
1.6.1.8 All Associated Members must register with the Affiliate Member in whose area of jurisdiction they are situated.
1.6.1.9 All Affiliated Members are directed to align their financial periods the same as that of CGTBA, financial year ending the 31st December of each year.
1.6.1.10 Affiliated Members must forward their Annual Report to the Secretary not later than the 31st of May of each year and the Financial Statements, duly audited, to CGTBA by not later than 28th March of each year. CGTBA may call on any Affiliated Member to forward such documents, books and statements as may be deemed necessary and expedient, at any time. Failure to comply with such demands shall render the offender liable to such penalty as TBASA Management Committee may determine.
1.6.1.11 The CGTBA shall have the power to suspend/expel an Affiliated Member for violation of this Constitution and/or Bye-Laws and/or Rules. The respective Member is allowed to appeal this decision as set out in this Constitution to the TBASA Executive Council. During the period of suspension and/or expulsion from Membership, the Affiliated Member, and its individual members, will not be able to participate in any of the activities of CGTBA, TBASA and its Members.
1.6.1.12 In the interest of the sport, CGTBA will recognize specialized organisations from within their members, correctly structured, and having common acceptable objectives to CGTBA, such as a Coaches Association, Officials Association, Players’ Association, etc.
1.6.1.13 Affiliated Members must allow and support the formation of such Associations/Organisations from their members.
1.6.1.15 All such Affiliated Members will adopt the Code of Conduct of TBASA through their individual membership.
1.6.2 Individual Members
1.6.2.1 All individual members of Affiliated and Associated Members shall automatically become Members of CGTBA and TBASA on registering with a club.
1.6.3.2 Each individual member acknowledges that CGTBA is the only recognized body in Central Gauteng which governs the sport of tenpin bowling and that he is bound by the provisions of the Constitution of CGTBA.
1.6.3.3 The individual member will be bound by the TBASA Code of conduct
1.6.3.4 Only individual members registered with an Affiliated and Associated Member will be allowed to compete or officiate in competitions recognized by CGTBA, TBASA or its Affiliated Members.
1.6.3.5 Any individual member participating in any competition falling under the jurisdiction of either CGTBA, TBASA or its Members, shall be deemed to be an individual member, and shall be bound by the duties and obligation of a Member, notwithstanding the fact that his membership has not been registered with an Affiliate and/or Associated Member. Such individual member shall be bound by the duties and obligations required of a registered individual Member, and of the jurisdiction of CGTBA over him, yet shall draw no benefits from such deemed membership until he is officially registered with CGTBA through an Affiliated or Associated Member.
1.6.3.6 If an individual member transfers from one club to another club in a different Affiliate, the transfer is only completed once the transferring Associated Member approves and the transferring Affiliate Member approves the transfer, and CGTBA is informed accordingly. This transfer must happen by 1 April of each year.
1.6.3.7 No transfer is necessary if an individual member has not been registered with a club for a period of one calendar year.

 

1.6.4 Life Members
1.6.4.1 CGTBA, in a Congress Meeting, passed by a two-thirds majority of those present and eligible to vote, may elect Life Members who shall have been duly nominated by Affiliated or Associated Members.
1.6.4.2 Life Members may attend Congress Meetings of CGTBA and enter into discussions, but shall have no vote at such meetings.
1.6.4.3 Life Members are not subject to any fees.

 

1.7

Fees

1.7.1 CGTBA’s financial year shall extend from 1 January to 31 December.
1.7.2 The annual fees payable by all Members shall be determined by CGTBA Congress prior to the commencement of the forthcoming season.
1.7.2 Annual Subscription for Affiliated and Associated members
1.7.2.1 The annual subscription due by all Members shall be payable not later than 28th of February in each year.
1.7.2.2 Affiliated membership shall include all clubs within the boundaries of the CGTBA.
1.7.2.3 Should any Member be more than two months in arrears with its annual subscription (the defaulting Member), its delegate or delegates shall not have the right to attend any meeting of CGTBA and all rights and privileges arising from its Membership of CGTBA shall be suspended until all arrears due to CGTBA shall have been paid.
1.7.2.4 The defaulting Member shall, notwithstanding a foregoing suspension of rights and privileges, continue to remain liable to CGTBA for the fulfillment of all its obligations and pay penalties as determined by the CGTBA Congress.
1.7.2.5 Notwithstanding anything herein before contained, a Member which fails to pay its annual subscription by 28 February following the season for which the subscription was due, shall, ipso facto, be removed from Membership and may only be re-admitted if the Member makes an application to CGTBA for reinstatement, which shall not be considered until the applicant shall have made payment of all arrear and current amounts owed by it to CGTBA.
1.7.2.6 Any Member who may want to withdraw its affiliation from CGTBA shall give written notice thereof to the Secretary advising from which date the withdrawal will become effective. The membership ends immediately, but no refunds of fees will be made.

 

1.8

Rights of the members

1.8.1 To take part in CGTBA meetings in accordance with the stipulations, propose motions and make election proposals. Each Individual Member has one vote at the CGTBA Congress. Affiliated members has one vote at the Congress.
1.8.2 To take part in all CGTBA activities with equal rights.
1.8.3 To appeal to the TBASA Management Committee in cases of disputes between Members.
1.8.4 To receive current information about important proceedings within CGTBA.

 

1.9

Obligations of the members

1.9.1 To adhere to the CGTBA Statutes, the decisions taken by the CGTBA Executive Council and any rules and regulations resulting there from.
1.9.2 To formulate their own statutes in such a way that they are not in contradiction with the CGTBA Statutes and to adopt a regulation which subjects each of their individual members to the jurisdiction of CGTBA.
1.9.3 To adhere to recognized sport principles and good sportsmanship at club, provincial, national and international events.
1.9.4 To submit immediately the fees, which have been stipulated by CGTBA in order to be eligible to vote at the CGTBA Congress or participate in tournaments conducted by CGTBA, TBASA or its Members.
1.9.5 To supply immediately such information as may be required by the CGTBA.

 

1.10

Organisational structure

The decision-making structures of CGTBA are:
a) The CGTBA Ordinary Congress
b) The CGTBA Extraordinary Congress
c) The CGTBA Executive Council
1.10.1 In urgent matters, on which a decision cannot wait until the next Congress, the CGTBA Executive Council may circulate the motion to the members and ask for an e-mail ballot.
1.10.2 The quorum for an e-mail ballot shall be the same as for a Congress. If any member fails to vote within the prescribed time limit, they shall be deemed as not being present.
1.10.3 Unless otherwise specified when a motion is presented, simple majority shall determine the decision. An abstention does not count as a vote delivered.
1.10.4 Soonest possible after the deadline has passed, the Secretary shall advise all members of the outcome of the ballot. The result of e-mail ballots shall be binding to all Members.

 

1.11

Congress

1.11.1 Legislative Authority
1.11.1.1   The Congress shall be composed of delegates from each of the CGTBA Affiliated Members and comprise the legislative and policy making body of CGTBA.
1.11.1.2   Its decisions shall be binding on all Members and can be altered only by the Congress.
1.11.2 Member representation, Voting Rights, Delegates
1.11.2.1 An Affiliated Member may be represented at a CGTBA Congress by a maximum of three delegates, only one of whom shall have voting rights.
1.11.2.2   The voting delegate shall retain the voting status until the next Congress, or until a successor is duly appointed by the respective Member.
1.11.2.3   The names of the delegates must be submitted in writing, stating the name of the Member they represent and signed by an authorised officer of the Member.
1.11.2.4   A voting Member, who cannot be represented at the Congress, may give its proxy to another voting Member. Each Member shall be eligible to vote only one proxy. In all cases, the written proxy authority must be submitted to the CGTBA President in the presence of the Congress for validation, before the proxy can be exercised. Such proxy must be submitted in writing stating the name of the voting Member to whom the vote is to be transferred and signed by an authorised officer of the Member.
1.11.2.5   Members must be current in their CGTBA fees to be eligible for voice or vote.
1.11.2.6   A quorum shall be at least one third of Members eligible to vote, including proxy votes.
1.11.2.7   Voting at each Congress shall be on the basis of one open vote per Member unless the delegates by simple majority vote request a secret ballot. Where a tie exists the motion shall be rejected. If, however, a tie exists in the case of elections, the chairman shall call for a second vote and if a tie still exists the Congress shall decide the procedure. However, provisional and associate members do not have the right to vote at the CGTBA Congress.
1.11.2.8  
A simple majority shall determine decisions of the Congress except that a two-third (2/3) majority of the votes delivered shall be required for adoption of
– Debate and voting of proposals not received in due time.
– Amendments to the Statutes.
Note: An abstention does not count as a vote delivered.
1.11.2.9   Guests may participate in the proceedings only at the invitation of the President or upon the majority approval by the Congress.
1.11.3 Meetings
1.11.3.1 The CGTBA Ordinary Congress shall be held every two years.
1.11.3.2 An Extraordinary Congress shall be convened when called for by
1.11.3.2.1 The Ordinary Congress
1.11.3.2.2 The President
1.11.3.2.3 The President on a written request from at least one-third (1/3) of the Affiliated Members who has to prove that 1/3 of its Individual Members requested an Extraordinary Congress.
1.11.3.3 The invitation to the Congress shall be sent to the mailing address of each Member at least three months prior to the date of the meeting.
1.11.3.4 Proposals from the Members to be debated and voted upon at the Congress shall be received by the President at least two months prior to the date of the meeting.
1.11.3.5 The agenda and proposals from the Members shall be sent to the Members at least three clear weeks prior to the date of the meeting
1.11.3.6 The agenda for the Ordinary Congress shall include the following:
1.11.3.6.1 Opening of Congress
1.11.3.6.2 Roll call, validation of proxies and determination of voting rights
1.11.3.6.3 Appointment of chairman and secretary of the Congress
1.11.3.6.4 Adoption of minutes of the previous Congress and dealing with matters arising there from
1.11.3.6.5 President’s report covering the foregoing two business years
1.11.3.6.6 Financial report covering the foregoing two business years
1.11.3.6.7 Auditors’ report
1.11.3.6.8 Dealing with matters arising from the presented reports
1.11.3.6.9 Legislative session
–      Elections (where applicable)

o    President

o    CGTBA Management Committee members

o    One auditor and One substitute

–      Establishment of fees and budget

–      Plans and dates of coming CGTBA Championships and meetings

1.11.3.6.10 New business (proposals)
1.11.3.6.11 Closing the meeting
1.11.4 Only proposals submitted in due time shall be considered unless the Congress decides by a two-third (2/3) majority that others warrant consideration for emergency reasons. At an Extraordinary Congress, however, only matters set out on the agenda shall be considered and voted upon.
1.11.5 Summary minutes of each CGTBA Congress shall be prepared by the secretary for review and signed approval for distribution by the President within one month after which they are to be distributed to the Members. A copy will be filed with the TBASA Secretariat at the same time.
1.11.6 All amendments adopted and new rules shall become effective as of 1 January of the next business year unless otherwise specified at the time of adoption.

 

1.12

CGTBA Executive Council

1.12.1
The Executive Council shall consist of persons as follows:
a) The CGTBA President
b) Club Captain of each Affiliated Member
c) Treasurer
d) Development Representative
e) Youth Representative
f) Secretary
1.12.2 The Executive Council will be the Management body of CGTBA.
1.12.3 The Executive Council will meet at least 6 times per year. An email ballot also may be taken at the discretion of the President.
1.12.4 The Executive Council members may attend meetings of the Affiliated Members (Clubs) in ex-officio capacity with voice but no vote.
1.12.5 Guests may participate in the meeting only at the invitation by the CGTBA President and upon majority approval by the Executive Council.
1.12.6 Decisions of the Executive Council shall be by simple majority. If a tie exists the motion shall be rejected.
1.12.7 A quorum consists of 4 members of the Executive Council provided that the President is present.
1.12.8 Members of the Executive Council shall not in any official capacity nor personally in any way become financially involved in a firm producing or selling bowling equipment.
1.12.9 Members of the Executive Council shall not be personally liable for any debts incurred by the CGTBA.
1.12.10
If the President or a Member of the Management Committee ceases to be a member of the Executive Council, e.g. in the case of death, disabilities, resignation, incapacity etc., the following procedures shall apply:
a) Vacancy in the office of the President shall be filled by vote from voting Members. Email ballot may be used.
b) If the total number of Executive Council members is less than four, including the President then an Extraordinary Congress shall be convened for the purpose of election. Email ballot may be used if an Extraordinary Congress can not be called.

1.13

CGTBA Executive Council Meetings

 

1.13.1 The President shall give at least one month’s notice for a regular meeting to all members of the Executive Council and all Members. In emergency cases shorter notice may be acceptable.
1.13.2 Such notice shall specify the date, time and place of the proposed meeting and in addition it shall invite Members to submit proposals, which they wish to be considered by the Executive Council.
1.13.3 A secretary for the meeting shall be appointed by the President. The secretary shall prepare summary minutes for review and signed approval by the President or Chairman of the Day within two weeks after which they are distributed to the Executive Council members and Members.

 

 

1.14

Officers

1.14.1
Elections
a) A person elected to the Executive Council must be a member of TBASA in the six months preceding his election.
b) The election of officers shall be conducted by the Ordinary Congress in open voting. However, if there is more than one nomination for the President a secret ballot shall be called for. In this case each Affiliated member may nominate one person in the ballot. Likewise, if there are more nominations for members of the Executive Council than the number to be elected a secret ballot shall be called for. A simple majority shall determine who is elected.
1.14.2
Nominations
a) All incumbent officers who intend to run for re-election shall so advise the President of his interest at least two months before an elective Congress.
b) All other nominations shall be submitted to the President at least two months before an elective Congress.
c) All incumbent and other nominations shall be reported to the members at least one month prior to the Congress.
d) If nominations are received pursuant to the above process, no additional nominations from the floor will be accepted at the Congress.
e) If less than enough nominations are received pursuant to the above process, then nominations from the floor will be accepted.
f) All candidates (with the exception of the President) must be members of and authorised by their respective affiliated clubs to be eligible for election.
1.14.3
Term of Office
The President shall be elected for their term of office at the Congress every fourth year. The Executive Council Members shall be elected for their term of office at the Congress, every two years..
1.14.4
Secretary
A Secretary shall, if deemed necessary, be appointed by the President and confirmed by the Executive Council for a term of four years following the confirmation.
1.14.5
Duties of Officers
a)
The President shall be the chief executive officer. He shall preside at all meetings of the CGTBA Congress and Executive Council unless he appoints a Chairman of the Day to preside for any part of such meetings.
He shall, if deemed necessary, appoint a Secretary subject to confirmation by the Executive Council.
He shall appoint any committees he deems necessary. Such appointments shall be subject to approval by the Executive Council.
He shall, if deemed necessary, appoint any other assistants required for the Executive Council to fulfil its duties. Such appointments shall be subject to approval by the Executive Council.
The President shall also normally represent CGTBA in all legal matters, but should he be unable to do so, the Executive Council may appointment such person to represent CGTBA.
b) The Secretary shall be the chief administrative officer who handles the membership correspondence and other administrative tasks in co-operation with the President.
c) The President and one Member (at the discretion of the President) of the Executive Council shall represent the interests of the TBASA at TBASA Council meetings in accordance with the TBASA Statutes.
d) The President, or a person delegated by the President from the Executive Council, shall represent the interests of TBASA at SASCOC meetings.
1.14.6
Removal from office
An officer elected by the Congress may be removed from office for nonfeasance[1] or other just cause by the Congress, upon due process (notice about the pending action and given an opportunity to be heard) being provided.

 

1.15

Business year

The business year shall begin on 1 January and end on 31 December.

 

1.156.1
Auditors
The Ordinary Congress shall elect one auditor and one substitute for the period up to and including the next Ordinary Congress. In their report they must clearly state the financial situation of CGTBA which shall cover the foregoing two business years.

 

1.16

Rules against doping

1.16.1 When CGTBA decides there will be doping control at its championships, all provisions of the WTBA Doping Control Manual will apply.

 

1.17

Amendments

1.17.1
These Statutes may be altered at any CGTBA Congress as follows:
a) Upon written proposals of amendments prepared by the CGTBA Executive Council.
b) Upon written proposals of amendments submitted to the President at least two months in advance to the Congress where it is to be considered.
c) Notice of such proposals is distributed to all members at least three clear weeks prior to the Congress.
d) The proposal is adopted by two-third (2/3) majority vote at the Congress.
e) When a written notice of a proposal is not given, it may be considered provided the Congress agrees by a two-third (2/3) majority vote to do so. As with other proposals a two-third (2/3) majority vote shall be required for adoption.
f) No amendment shall be adopted or policy established which would be in conflict with the Statutes of FIQ, WTBA, ETBA, TBASA and SASCOC.

 

1.18

Dissolution

CGTBA shall not be dissolved except at a Special Congress meeting of CGTBA specially convened for this purpose and by a resolution carried by a majority of four-fifths of the votes recorded in respect of the same. In the event of such dissolution, any assets in hand shall be distributed in such manner as TBASA shall determine, except for any Lotto Funding still unspent, this shall be returned to Lotto Board

 

1.19

Document control

This Chapter was adopted by the Congress in [place], South Africa on [date].
This Chapter was amended by the Congress in [place], South Africa on [date].

 

 

Chapter 2: Regulations

 

2.1 Fees
2.1.1
Membership fees to CGTBA
a) The annual membership fee for Affiliated Members is R 1,000.00.
b) The annual membership fee for Individual Members is R 100.00.
c) The fees have to be paid to CGTBA in total latest 28 February.
d) If the membership fees have not been paid by 28 February the Secretary of CGTBA will inform the Members concerned that if the fees are not received by 31 March they will be automatically suspended and that they can be re-instated as a member after having paid the fees plus a 20% fine.
2.1.2
Tournament approval fees
a) The fee for CGTBA approval of a tournament is R 100.
b) Invoices will be sent at regular intervals by the CGTBA Secretary to the Members.
c) Once a tournament has been approved there will be no refund in case the tournament is cancelled.
2.1.4
Entry fees for CGTBA championships
a) The CGTBA Executive Council shall agree with the organising Member (where applicable) on the entry fee to be paid by each member of the delegation for participating in a championship.
b) The agreed upon fee shall include R 50 per member of the delegation, which amount shall be forwarded by the organising member to CGTBA.
c) The organising Member has the right to ask for a separate fee for the extra persons (supporters and guests) to an amount agreed with the TBASA Championship Director.
d) If a Member withdraw its team completely from a championship after the entry deadline a cancellation fee of R1, 000 must be paid to the organising Member.
e) The organising Member shall collect all entry fees.
2.1.5
Congress fees
a) The fee for each Congress delegate is R20.
2.1.6
Fee for Coaching and Technical clinics
a) Travel expenses as well as hotel accommodation for the instructor(s) have to be paid by the host member.
b) For a 1 day clinic the host member has to pay a fee of R 1,000 per instructor
c) For a 3-day clinic the host member has to pay a fee of R 3,000 per instructor.
d) For a 4-day clinic the host member has to pay a fee of R 4,000 per instructor.
e) The host member also has to pay an administrative fee of R 300 to the TBASA.
If a clinic would be organised by an organisation outside of the TBASA, the administrative fee to be paid to TBASA would be R 600.

 

2.2 Expenses
2.2.1 For members of the CGTBA Executive Council and other persons travelling to carry out their duties on behalf of CGTBA, CGTBA will meet their expenses for travel should the necessary funds be available. Members may not incur expenses on behalf of CGTBA, without the written consent of the President and Treasurer.

 

2.3 Awards
2.3.1
The CGTBA Executive Council is authorised to present the following awards:
a) Gold Pin, which can be awarded to officers of the CGTBA Executive Council after serving for at least six continuous years as a CGTBA Council member.
b) Silver Pin, which upon recommendation by the Affiliated Members, can be awarded to those officers of Affiliated Members after serving the Executive of the CGTBA for at least 10 years.
c) Distinguished Service Award, which can be awarded to persons on recommendation by the CGTBA Executive Council.
d) 300 Pin, which can be awarded to Individual members of an Affiliated Member for bowling a perfect game, provided that the necessary procedures have been met with regards to the verification of the bowling equipment.

 

2.4 Disciplinary actions
2.4.1
Purpose and scope
a) The purpose of this regulation is to specify the rights of the CGTBA Executive Council to impose disciplinary actions.
b) This sub-chapter describes the disciplinary actions that may be taken by the CGTBA Executive Council. It also gives recommendations about procedures that should be included in the constitution of the Members of CGTBA.
c) With person in this sub-chapter is meant one that is recognized as a member of CGTBA and subject to the rights and duties of the CGTBA Constitution.
2.4.2
Disciplinary authorities
a) The CGTBA Executive Council may deal with disciplinary actions against Members, except of suspension of an Affiliated Member, which must be ratified by the TBASA Management Committee.
b) The CGTBA Executive Council may deal with disciplinary actions against an individual member only if it is an offence related to a CGTBA championship or a CGTBA approved tournament or an offence as set out in paragraph 2.4.3 below. The offence shall first be reported for action to the Affiliated Member to which the individual member belongs.
c) The CGTBA Executive Council may deal with disciplinary actions against an individual member if it a case of an appeal against a decision made by an Affiliated Member, and the constitution of the Affiliated Member allows an appeal to the CGTBA Executive Council.
d) All other cases shall be dealt with in accordance with the constitution of the Affiliated Member to which the individual member belongs.
e)
A member of the disciplinary authority must not take part in the investigation or trial of a case of which
he himself or his organisation is a part, or
the result may have an influence on his organisation, or
he has previously dealt with in any other disciplinary authority, or
he in any other way can be challenged
2.4.3
Offences
a) A disciplinary action can be inflicted upon a Member who has neglected to pay a prescribed fee within the stipulated time, or submit requested reports or information.
b) A disciplinary action can be inflicted upon a Member who has entered in a competition but without valid reason has refused to fulfil the agreement or without valid reason has failed to appear. Medical certificates must be submitted to the organising host Member before but no later than 7 days after the start of the tournament.
c) A disciplinary action can be inflicted upon a person who has officially announced that in a competition or exhibition certain athlete(s) should participate but has failed to appear, despite the fact that it was known at the time for the announcement that no agreement of participation existed, or that the athlete(s) could not participate.
d) A disciplinary action can be inflicted upon a person who has participated in competition or exhibition, or has practiced sports activities during the time he was suspended.
e) A disciplinary action can be inflicted upon a person who has allowed a suspended person to participate in competition or exhibition or to practice sports activities despite the fact that it was known that the person was suspended.
f) A disciplinary action can be inflicted upon a person who has during or in connection with competition or exhibition demonstrated, behaved insulting or in other ways improperly against a participant, official or audience, or has neglected directions or instructions given by officials.
g) A disciplinary action can be inflicted upon a person who has in connection with sports activities caused damage, or violence against any person, or threats against persons.
h) A disciplinary action can be inflicted upon a person who has by untruth or in other ways misled, or tried to mislead, official, other individual or organization in their sports or administrative activities.
i) A disciplinary action can be inflicted upon a person who has contrary to one’s knowledge or without plausible reason reported another person for an offence, which would result in a disciplinary action in accordance with these regulations.
j) A disciplinary action can be inflicted upon a person who has in connection with sports activities provided him self or another person with undue advantages.
k) A disciplinary action can be inflicted upon a person who has behaved in a way that the image of the sport has been damaged, or obviously could have been damaged.
l) A disciplinary action can be inflicted upon a person who has violated the playing rules of WTBA, ETBF, TBASA, or other tournament organizer.
m) A disciplinary action can be inflicted upon a person who has violated the established doping control rules.
n) A disciplinary action can be inflicted upon a person who has in any other way neglected to follow the obligations of the statutes, rules and regulations, which govern the sport of bowling.
2.4.4
Disciplinary actions
a) The disciplinary actions of offences according to these regulations are reprimand, fines, restriction of rights or suspension.
b) If the offence will be regarded as insignificant considering the circumstances, then only a reprimand may be imposed. If the offence will be regarded as gross, then suspension shall be imposed of minimum one and maximum two years.
c) Disciplinary actions related to doping control violations will be dealt with in accordance with special doping control regulations.
d) Reprimand, which is the lightest disciplinary action that can be imposed on a person, involves a written call of attention of the offence that has been committed and a demand of the offender in the future to obey to the actual statutes, rules and regulations.
e) Fines involve that the offender is demanded to pay a certain amount of money to CGTBA. The amount to be paid shall be used to cover the costs incurred for investigation of the case and for the further development of the sport within CGTBA. The imposed fine shall be paid within four weeks after the decision has been announced.
f) Restriction of rights involves that a Member or its individual members may not, during a limited period of time, participate in certain CGTBA activities.
g) Suspension involves that a Member or its individual members may not participate in competition, exhibition and/or other activities related to the sport. A suspended Affiliated and Individual Member does not have the right to vote at the CGTBA Congress.
h) Suspension has to be time limited and can be a maximum of two years.
i) A suspension announcement must specify the first and last date of the suspension period of time. The start of the period shall be within one week of the date of the decision. However, if the offender has been suspended during the investigation period of time, then the start of the suspension shall be counted from that date of suspension.
2.4.5
Reporting of offences
a) A matter of disciplinary action for an offence against these regulations may be dealt with only if the relevant disciplinary authority has received a written report.
b) The report shall be signed by the informer. It shall include the name of the offender, clear information about the offence together with the immediate circumstances and the evidences related thereto.
c) If the report is incomplete, then the disciplinary authority may ask the informer to make the report complete within a specified time.
d) If the report has been addressed to an instance, which does not have the authority to deal with the matter, then the instance must immediately forward the report to the correct instance.
e) If the report has been received by an unauthorized instance, but within the specified time frame, then it must be considered as being received within the correct time, even if the correct authority did not receive it until after the specified time limit.
2.4.6
Prescription period
a) A disciplinary action for an offence can be imposed on someone, only if the offence has been reported for disciplinary action latest within two months from the time when the offence was committed or became known.
b) A disciplinary action must not be imposed when two months have passed since the day of the offence.
2.4.7
Investigation
a) The disciplinary authority must give the reported person an opportunity to express his views on the report. The parties shall be provided with all documents and other quoted material belonging to the case.
b) A solicitor, who in such a case must provide evidence of power given, may represent a party.
c) The disciplinary authority may take the initiative by itself to start a complete investigation.
d) The disciplinary authority may decide on an oral interrogation. The parties concerned shall be called to such an interrogation.
e) Oral interrogation shall be held on request of a party. However, if it is obvious that such an interrogation does not benefit the investigation, then the disciplinary authority may deny the request.
f) Each party is responsible for covering its own expenses for dealing with the case. It is the responsibility of the disciplinary authority to cover expenses that are related to substantiation of evidence or other investigation initiated by the disciplinary authority.
g) All dealing with a case must be documented in minutes.
h) A disciplinary action must be promptly dealt with and the decision announced immediately.
i) All disciplinary actions must be report to the TBASA Management Committee within 2 weeks from the announcement of the verdict.
2.4.8
Suspension during investigation
a) If it is an obvious fact that the reported offence will lead to suspension, then the disciplinary authority, without hearing the offender, may decide that he until further notice and until the case has been finally decided upon may not participate in competitions of CGTBA and TBASA Members.
b) The offender must be informed immediately and latest within one week of a decision about suspension during the investigation.
c) If the final decision will be a suspension, then the time of suspension during investigation shall be included in the total time of suspension.
2.4.9
Deliberation
a) Decision about disciplinary action may not concern other offences than the explicitly reported. Furthermore a decision may not be based on a statement or proof of which the offender has not been given the opportunity to comment on.
b) In doubtful cases the offender shall be given the benefit of the doubt.
c) The decision about disciplinary action shall be taken by majority vote. If a tie exists, then the opinion that means a verdict of not guilty or the least severe disciplinary action, shall apply.
2.4.10
Announcement of decision
a) The announcement of a decision shall be made immediately and latest within one week to the persons concerned.
b) The announcement of a decision must be in the written form, irrespective of it being a verdict of not guilty or guilty. The announcement shall include the names of the persons participating in the decision.
c) If the verdict is guilty, then the announcement shall include information about the kind of offence, the regulation applied, and the disciplinary action.
d) If the disciplinary action consists of fines, then the announcement shall specify to which organisation the fines shall be paid.
e) The announcement shall also include a statement about to which higher authority an appeal of the decision may be submitted, as well as the last day when an appeal must be received, and also what the party has to observe in other respects. In case the decision cannot be appealed, this must be clearly stated in the announcement.
f) The disciplinary authority must keep a register of all disciplinary actions that have been decided upon. Also eventual amendments or remission must be registered.
g) The decision about disciplinary action shall be in effect even if it has been appealed to a higher authority. However, the higher authority may decide that the original decision shall not be in effect pending the final dealing of the appeal. Such a decision may not be appealed.
2.4.11
First appeal
a) Unless otherwise specified, the reporting as well as the sentenced party may appeal to a higher discipline authority.
b) The relevant authority must receive such an appeal no later than 30 days after the announcement of the original decision.
c) If the appeal has been lodged with an instance, which does not have the authority to deal with the matter, then the instance must immediately forward the appeal to the correct instance.
d) If the appeal has been lodged with an unauthorized instance, but within the specified time frame, then it must be considered as being received within the correct time, even if the correct authority did not receive it until after the specified time limit.
e) If the complaining party can provide proof that the stipulated time frame could not be maintained, then the appeal shall be dealt with despite the fact that it was not received until after the specified date.
f) An appealed decision may not be changed unless the opponent has been given the opportunity to comment on the appeal. However, if a major procedural error has been made when the case was dealt with by the original instance, then the higher discipline authority may set aside the original decision without hearing the opponent.
g) In principle the same procedure and announcement of decision apply to the dealing with an appeal as with a reported offence.
2.4.12
Further appeals
a)
After a decision on an appeal has been announced, a further appeal may be granted if:
Circumstances or evidence, not previously presented, can be referred to and its presentation likely should have led to a lesser degree of disciplinary action or a not guilty verdict.
A major procedural error has been made in dealing with the appeal.
The decision has been made on juridical principles, which obviously are in conflict with the established constitution.
b) A request of further appeal, which may be made by the person on which a disciplinary action has been imposed, shall be submitted in writing to a higher authority not less than 30 days after the announcement of the decision on the appeal.

 

2.5 Amendments
This Chapter was amended by the Congress in Johannesburg on the

….. day of ………………. 2010

   

 

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