ATHLETICS COACHES United (ACU) CONSTITUTION 2021

SECTION 1 DEFINITIONS, NATURE AND OBJECTIVES

DEFINITION OF TERMS

In this Constitution, except where incompatible with the context, the following terms shall have the meanings indicated:

1.1	ACU	Athletics Coaches United

1.2	Annual General Meeting	A meeting formulated in clause 12.1.
1.3	ASA	Athletics South Africa.

1.4	Athlete	Any individual in the disciplines referred to in clause 1.5 who is registered with an affiliated club and who is licensed in the Province.
1.5	Athletics	Track & Field, Road Running, Race Walking and Cross- Country running, (including mountain and trail running).
1.6	Athletics Meeting	Track & Field, Road Running, Race Walking and Cross- Country running, (including mountain-running), as provided for in 1.5 above catering for individual licensed athletes affiliated to clubs in good standing with their respective clubs, and including Fun Runs sanctioned by ACU.
1.7 1.8	Management Committee Board of Directors	The Management Committee of ACU as constituted in terms of clause 20.1. A Board of Directors in terms of the stipulations of the Non Profits Organisations Act 71 of 1997.

1.9	Committees	The bodies established by the Annual General Meetings of ACU to serve coaches at Primary school, Secondary school, Tertiary Institutions or any athletics coaches on ACU’s behalf.
1.10	Constitution	The constitution of ACU. Should any clause in the ACU constitution clash with the stipulations of the constitution of ASA the ASA constitution will be in force. All schedules (the Schedules) as listed under clause 37 shall for all intents and purposes form an integral part of this Constitution. Whenever reference is made to this Constitution, the Schedules shall be deemed to be automatically included in such reference.
1.11	Council	As constituted in terms of Clause 18.1.
1.12	Domicile	The place of permanent residence of a coach in the Republic of South Africa as nominated by the him/her for the purposes of provincial representation according to the boundaries of the Province as demarcated by ASA.

1.13	General Meetings	The meetings as formulated in clause 12.
1.14	Honorary Member	As described in clause 24.
1.15	In writing	Includes faxes and emails.
1.16 1.17 1.18	Member (or members) Mentor Novice Coach	As described in clause 8 Senior coach who will develop junior coaches Unqualified person who is registered with ACU to coach

1.19	Officer	The CHAIRPERSON and such personnel employed at the offices ACU on a part-time of full-time basis as may be appointed in writing by the CHAIRPERSON from time to time.
1.20	Office Bearers	Elected members of the Management Committee and the Committees of ACU.
1.21	Presidium	The body comprised of the Chairperson, one member and the Secretary of ACU.

1.22	Regulations	As formulated in clause 26.
1.23	Rules	As formulated in clause 26 but subject to the ASA Rules as referred to in clause 34.

1.24	SASC	South African Sports Commission.

1.25 1.26	Special General Meeting WA	A meeting as formulated in clause 12.2. World Athletics (IAAF)

2. NAME AND LEGAL PERSONALITY

2.1 The name of the association shall be Athletics Coaches United (ACU).

2.2 ACU shall register as a Non Profit Organisation with the Association for Non Profit Organisations in terms of the stipulations of the Non Profits Organisations Act 71 of 1997

2.3 ACU shall remain a sporting organization with no political or social alignment to anybody or organization in the Republic of South Africa.

2.4 ACU shall have legal personality and shall, through authorised representatives,

2.4.1 shall exist in its own right, separately from members and officers:

2.4.2 be entitled to acquire, encumber or dispose of movable or immovable property and be able to own property and other possession’s

2.4.3 be able to sue and be sued in its own name and incur legal obligations and liabilities independently of Officers, and Office Bearers

2.4.4 be entitled to enter into legal transactions and to institute or defend legal proceedings

2.4.5 invest the funds of ACU with a view long-term financial stability.

2.5 ACU will be administering and developing Athletics Coaches in Provinces within the boundaries the Province as demarcated by ASA.

2.6 A head office shall be established to carry out the administration of ACU in accordance with the policies of ACU at such address as may be determined by the Board from time to time.

3. MISSION AND OBJECTIVES

To create a unified, financially sound and professionally administered organisation that is conducive to the development of athletics coaches in South Africa, by focusing specifically on training, development and marketing; in an environment of honesty, respect for individual rights and provision of equal opportunities to all; in order to enable us to achieve our goal of becoming the sport of the people. In addition, it is to contribute towards nation building and healing of our land, South Africa, through the sport of athletics.

In the pursuit of this mission, the following objectives are regarded as basic cornerstones of the program guiding the activities of ACU:

Establish a friendly and loyal cooperation between all members for the benefit of athletics, efficient and effective administration, harmonious coexistence and cooperation amongst members and to promote the best interest of athletes and athletics in Provinces.
Maintenance and expansion of a system of committees in Provinces, open to all members of the population and allowing access to registration, participation, coaching and other services of ACU to all members of the community who wish to actively coach athletics, and who comply with ACU’s membership prerequisites;
Continually striving to ensure that no form of discrimination based on race, ethnicity, religion, politics, gender or otherwise, be permitted in athletics and to take all practicable measures to prevent such discrimination;
Compilation and maintenance of a code of conduct and ethics governing athletics coaches in the Provinces, in accordance with the ASA constitution.
Training of aspirant coaches and development of existing coaches in the principles and methodology of coaching and the organising of refresher and advanced courses for qualified coaches and leading to their registration as qualified coaches. Such training to be aimed at ensuring the availability of coaches for the benefit of all athletes;

Co-ordination of athletics in Provinces with inter alia:

the awarding of provincial ACU colours;
external liaison and affiliation with ASA and any other relevant organizations, internal or external;
licensing of coaches if they intend to join ASA structures;

3.2.6.4 the monitoring of athletics at all levels

3.2.6.5 recommendations regarding domestic fixtures;

3.2.6.6 any other relevant matter;

3.2.6.7 drafting and execution of development programs.

Promotion of a spirit of dedication to the basic principles of fair competition in all respects, including the right of every athlete to strive to achieve provincial titles and colours without being disadvantaged by administrative constraints, rulings, or otherwise;

Promotion of athletics meetings and competitions through his / her members to ensure ample and equal access to competition by all athletes from all recognized age groups in accordance with the mission and objectives of ACU;

Identification of local requirements with regard to facilities for training and competition and the promotion of the provision of such facilities through representation to the appropriate authorities and other interested parties;

Participation to the full in the events of provinces and ASA.

Striving towards the total and complete unification and transformation of athletics at all levels;

3.2.12 Making athletics accessible in terms of facilities, events, coaching, officiating, administration etc. to all members of ACU, irrespective of gender, colour, religion or geographic location; both for purposes of recreation and excellence;

3.2.13 Development of coaching to the highest levels of excellence

3.2.14 Embracing the following further objectives, namely:

3.2.14.1 achieving all the objectives set out in the Constitution

3.2.14.2 eradicating the imbalances of the past by putting a special focus on making the sport of athletics easily and more accessible to:

3.2.14.2.1 disadvantaged people in Provinces

3.2.14.2.2 women, and;

3.2.14.2.3 the disabled;

3.2.15 To uphold the following values, namely:

3.2.15.1 all the individual rights as enshrined in the South African Constitution regarding the athletics fraternity and the public at large, through

3.2.15.2 administering ACU as a business, which is:

3.2.15.2.1 highly professional;

3.2.15.2.2 financially sound

3.2.15.2.3 accountable to his / her members, and

3.2.15.2.4 user-friendly to the athletics fraternity and the public at large, and

3.2.15.3 honesty and respect for the individual.

4. MEANS OF ACHIEVING OBJECTIVES

The objectives of ACASA ACU will be achieved by, inter alia:

Cooperation with the provinces and ASA or any other relevant organisation as may become necessary;

Acquisition, encumbrance or disposal of such movable or immovable property as may be required to achieve its aims and objectives;

Taking all steps and following all procedures which are lawful and compatible with the aims and objectives of ACU

Raising funds and making investments for any purpose which may be deemed necessary;

Prescribing uniform rules and regulations for the administration, control and protection of coaches in Provinces;

Requiring compliance with the provisions of this Constitution and with the rules and regulations issued in terms thereof;

Hearing and pronouncing upon appeals against the decisions of provinces in connection with the licensing of or the disciplinary action taken against coaches or members serving on substructures under their jurisdiction;

Monitoring the performance of coaches andtheir athletes;

Coordinating the nature, award and protection of official ACASA colours and the registration of the ACU logo with the Department of Heraldry;

Keeping, saving and investing the assets and funds of ACU and tendering any share of it as security where it may be required in promoting his / her aims and objectives;

Any other activity which may assist in achieving the aims and objectives of ACU

No registered coach may allow his/her athletes to participate in any competitions not approved by ASA or any of his / her members other than inter schools activities.

4.13 Every coach registered with ACASA shall be bound by all the rules, regulations, and provisions of the constitution of ACU.

SECTION II

MEMBERSHIP

5. CATEGORIES OF MEMBERSHIP

Membership of ACU may be divided into SIX (6) broad categories:

General members such as administrators, athletes, parents, and guardians
Sub Junior coaches
Sub Youth coaches
Elite coaches

4.5 Honorary coaches

6. PROCEDURE FOR APPLICATION

Application for membership must be submitted to the Provincial Secretary together with a police clearance stating that the applicant has not been charged or found guilty of any criminal offence or disciplinary charge involving anti-doping, sexual misconduct, abuse and/or bullying and authorizing ACU to make such enquiries with relevant authorities as may be necessary to verify the veracity of the declaration.

In the application, the applicant must clearly state for which category in clause 5 he/she wishes to be registered.

Should an applicant indicate a category, his/her athletes must participate in the said discipline,

The Management Committee shall have the power to accept or reject an application.

7. SUSPENSION AND EXPULSION

Any member who has engaged in misconduct or has unjustifiably violated the Rules, the principles enunciated in the Mission and Objectives of ACU, or that, by his/her actions brings ACU or coaches into disrepute, may be suspended in accordance with the procedure in clause 21.8.

Allegations of misconduct warranting suspension must be submitted to the Chairperson in writing for the necessary investigation and further action as set mentioned in clause 21.7.

8. MEMBERS OF ACU

The members of ACU are:

Coaches situated within the boundaries of a Province as demarcated by ASA.

Associate Members

Masters Athletics Association.
Coaches of Disabled athletes

8.3 Honorary members

Coaches who have –

8.3.1 served Athletics as coaches for 20 years or more

8.3.2 produced five (5) or more national athletes

8.3.3 produced a medal winner at an International Championship or Games; or

8.3.4 produced a world record holder.

RIGHTS OF MEMBERS

Save for special rights and duties vesting in the Chairperson and the Committees, all members as listed in clause 8 shall have the right to participate in all affairs of ACU, as stipulated in this Constitution.

SECTION III

ORGANISATION

CONSTITUENT SUBSTRUCTURES

The principal constituent substructures of ACU are the –

10.1 Board of Directors

10.2. Annual General Meeting;

10.3. Management Committee;

10.4. Provincial Committees;

10.5. Sub Committees

11. BOARD OF DIRECTORS

11.1. Board of Directors

11.1.1 A Board of Directors as per clause 1.8 consisting the following –

11.1.1.1 Chairperson

11.1.1.2. Vice Chairperson

11.1.1.3. Five (5) additional members of who at least three (3) must be women.

11.1.1.4. The Board will be appointed for a three (3) year term.

11.1.1.5. Board members will be appointed by the Management Committee based on a majority vote.

11.1.1.6. An Interim Board consisting at least a Chairperson, Vice Chairperson and 11 members will be appointed for a two (2) year term to launch the Association.

11.1.1.7. The Board will be responsible for

11.2. Income and Property of the Company

The income and property of the Company, wherever derived, must be solely applied towards the promotion of the objects of the Company as set out in this Constitution, and no portion of it will be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit, to the Members of the Company, provided that nothing in this Constitution will prevent:

11.2.1 the payment by way of grant or subsidy to any Member which is itself a non-profit association or corporation solely for the advancement of the purposes or objects of such Member

11.2.2 the payment, in good faith, of reasonable and proper remuneration to any officer or servant of the Company, or to any Member of the Company in return for any services actually rendered to the Company or for goods supplied in the ordinary and usual way of business; and

11.2.3 the payment of interest at a rate not exceeding interest at the rate for the time being charged by its bankers for overdrawn accounts on money lent, or reasonable and proper rent for premises demised or let by any Member to the Company.

THE GENERAL MEETING
1. Annual General Meeting

An Annual General Meeting shall be convened every year within six (6) months of the financial year-end of ACU.

The Annual General Meeting constitutes the supreme decision-making authority of ACU.

The members shall receive not less than 21 days written notice of the Date and venue of the Annual General Meeting.

All notices of motions to be dealt at the Annual General Meeting must be in writing (e-mail included) to reach the Chairperson not less than 14 (fourteen) days before such meeting.

The Chairperson shall notify all Members of the agenda 10 (ten) days before the meeting.

Special General Meeting
1. The Management Committee may at any time, of his / her own accord, or shall, upon receipt in writing(e mail included) of a request from at least 20 (twenty) coaches, call a general meeting, which will be known as a Special General Meeting, to consider matters beyond the authority of the Council.

A Special General Meeting, called for as prescribed by clause 12.2.1 shall be convened within 30 days after of the said request.

All Special General Meetings shall be called in writing by the Management Committee and notice shall be given at least 21 days in advance. The notice calling the meeting shall include his / her agenda.

13. GENERAL MEETINGS

The following members qualify to attend and participate in discussions at General Meetings

13.1 ACU Management Committee members

13.2 ACU Provincial Committee members

13.3 Honorary Members

13.4 Coaches shall be entitled to be represented at the Annual General Meeting by the Chairperson (or another member) plus one member.

13.5 Associate Members shall be entitled to be represented by two delegates.

13.6 Coaches and Associate Members shall be entitled to participate in the business of the Annual General Meeting only if their affiliation requirements have been complied with, and if all financial requirements have been met in full.

13.7 Delegates representing at least 50% plus one of the coaches, individual members and associate members, shall constitute a quorum at any general meeting.

13.8 If a quorum is not constituted 30 minutes after the official starting time at the venue of which notice was given, the meeting will be automatically postponed for 7 (seven) days and shall be automatically reconvened at the same venue and time without further notice having to be given. Should a quorum not be constituted at the postponed meeting, the delegates then present will constitute a quorum.

14. PROCEDURE AT GENERAL MEETINGS

14.1 At general meetings the Chairperson of Management Committee shall preside or in his absence the Vice Chairperson of Management Committee. If both are absent, the Management Committee shall appoint someone from their midst to chair the meeting.

14.2 The agenda or the Annual General Meeting shall include, but shall not be limited to the matter set out hereunder and shall substantially be in the following order:

14.2.1 Scrutiny of delegates’ credentials;

14.2.2 Reading of the notice of the meeting;

14.2.3 Reading (if need be) and adopting of the minutes of previous Annual General Meeting and of all intervening Special General Meetings;

Dealing with the recommendations / proposals / motions emanating from meetings of the Council, a Coach or the Management Committee;

14.2.5 Submission, discussion and adoption of the Chairperson of Management Committees report and or other annual reports;

14.2.6. Submission of audited financial statements of the previous financial year;

14.2.7. Dealing with any amendments to the Constitution or with any matters proposed and of which due notice has been given

14.2.8. Election of office bearers in terms of clause 16.

The agenda of a Special General Meeting shall be disposed of in the order specified below:

Scrutiny of delegates’ credentials:

Reading of the notice of the meeting;

Dealing with any matters proposed and of which previous notice has been duly given.

15. VOTING AT GENERAL MEETINGS

15.1. Voting on all recommendations / proposals / motions shall be by show of hands, or by secret ballot if two (2) members, unopposed, so demand. However, if the demand of two (2) or more members is opposed then the Chairperson of Management Committee, upon consultation with the Management Committee, shall make a ruling on the mode of voting to be employed. In the case of a tie, the Presiding Member shall use his/her casting vote to break the deadlock. This clause excludes voting for election of Office Bearers.

15.2. Members will be entitled to the following number of votes:

15.2.1 ACU Management Committee 1 vote each per member

15.2.2 Coaches: one (1) votes per Province (and not per delegate)

15.2.3 Associate Members present: one (1) vote per member (and not per delegate). Provisionally affiliated coaches will have no voting power

15.2.4 Members of Committees present: one (1) vote each per member excluding Chairpersons)

Honorary members one (1) vote per member

15.3 No person shall have more than one (1) vote, irrespective of the number of offices held

16. ELECTION OF OFFICE BEARERS

16.1 Quadrennial elections of office bearers will take place during a Special General Meeting in October convened for this purpose.

16.2 Nominations

16.2.1 Nominations Procedure

16.2.1.1 There shall be three (3) sets of nomination forms, one for the Chairperson, one for the Vice Chairperson and one for at least five (5) Committee members.

16.2.1.2. The Chairperson will invite nominations by sending blank nomination forms to members simultaneously with the dispatch of the notice convening the meeting.

16.2.1.3. The completed nomination forms will be returned to reach the office of ACU by no later than thirty (30) days before the elections. The nominating member will verify that the nominated person is available for election.

16.2.1.4. Lists of the person nominated for specific portfolios and are available for election will be prepared by the office and sent to reach all members no later than fourteen (14) days before the elections. Ballot papers will also be prepared for the elections.

16.2.1.5. Nominees must be fully accredited and active coaches or individual members and must be in good standing with the Province and ACU.

16.2.2 Quadrennial Election Procedure

16.2.2.1 There will be one (1) Annual General Meeting (AGM) subdivided onto three (3) sessions, namely one (1) session to elect the Chairperson, one (1) session each to elect a Vice Chairperson and five (5) Committee members.

16.2.2.2 No member who is elected into a position at ASA, SASCOC or any superior structure may serve on an ACU Commission, committee, or any other provincial structure from the date of election to such a higher structure. However, such a person may attend provincial meetings as an observer without a vote.

16.2.2.3 No member of the Management Committee or any of the Committees will be allowed to fill more than one (1) position. In other words, as soon as a member is elected onto to the Management Committee or any one Commission, he/she will automatically be unavailable for election into another position for which he/she was nominated (one (1) person portfolio), save that the Chairperson of each commission automatically his/her on the Management Committee.

The candidates must be present at the Meeting except if a valid excuse had been tendered to the Chairperson before the meeting.
Outgoing office bearers are automatically deemed to have been nominated for their respective offices.
If no nominations are received for a specific portfolio, nominations may be made from the floor.
In the case of an election tie, there is to be a re-vote and if the parties are still tied, then the Chairperson of Management Committee, or if not available, the person presiding over the meeting shall exercise a casting vote.
Appointment of Committees
1. ACU may appoint Ad Hoc Committees to address specific activities.
2. Ad Hoc Committees

16.3.2.1 These are special committees that will be formed by the Management Committee on a need (as and when) basis. The number of members in these committees will differ from committee to committee, depending on the task they must execute.

The procedure for the formation of ad hoc committees will be determined by the Management Committee from time to time, and may differ from committee to committee, depending on the circumstances surrounding a specific committee.
Ad hoc committees may be formed at the request of: -

the Management Committee; or
the Provincial Committees; or
the Sub Committees
1. Ad hoc committees may be dissolved: -

as soon as they have achieved the objective for which they were formed, or;
as the Management Committee may decide.
1. An ad hoc committee may, in other circumstances, be elevated to the status of a standing committee. If this happens the necessary constitutional Amendments should be affected
  The appointment of any committee will only be effective if it is ratified by the Management Committee.
Disclosure of interests
1. Each person holding office in ACU or members of any organizing committee “LOC” in respect of any event under the auspices of ASA / ACU or any Provincial Member or Associate Member, shall disclose to the Management Committee in writing any interest (whether direct or indirect) he may have in any contract or proposed contract or business being considered by ACU or the relevant LOC and shall refrain from discussing or voting upon such business. A person may make a general declaration that he is a member of a particular organisation, so to be regarded as interested in any transaction involving that organisation.
2. No person holding office in ACU or any LOC referred to in sub-clause 16.4.1 above shall use any information that he gains as such a representative of ACU or any LOC for personal, business, or otherwise gain.
3. Nothing in this Article shall derogate from the general duty of good faith owed by a member to ACU and/or any LOC referred to in sub-clause 16.4.1 above.
4. Any gifts and/or gratuities and/or benefit received by any member of the Management Committee or any other Committee or Sub Committee including a member of any Ad Hoc Committee referred to in sub-clause 16.3.2 above, where the value thereof exceeds R500, 00 shall be required to be declared to ACU and in the case of an LOC to the LOC as well. Furthermore, the Management Committee shall have the power to take such action as it deems necessary if it considers the gift, gratuity or benefit to be capable of impairing the dignity and integrity of ACU, to require such gift, gratuity or benefit to be dealt with in such a manner as it may determine. Should any member of the Management Committee be subject of this determination, he shall recluse himself from the Management Committee’s deliberations.

REMOVAL OF MEMBERS OF THE MANAGEMENT COMMITTEE AND COMMITTEES
1. Notwithstanding anything contained elsewhere in these articles the members may by an ordinary resolution passed at a Special General Meeting remove from office any person. This excludes the officers of ACU.
2. Upon receiving a valid requisition for a Special General Meeting at which a resolution to remove any such person is to be proposed, the General Manager shall give notice in writing of such resolution to the person(s) concerned and shall if required by such person(s) circulate to all Members entitled to receive notice of the Meeting any written communication of reasonable length provided it does not contain any illegal, offensive or defamatory material.
3. At the Special General Meeting, the person whose removal is proposed shall have the right to address the Meeting.
4. Any removal of any person shall be without prejudice to any legal claim he may have against ACU or that ACU may have against him/her in respect of matters arising before such removal.
5. Continue to exist even when its membership changes and there are different office bearers.

THE COUNCIL

The council provides a forum for the Management Committee to report back in respect of the activities of ACU. Decisions and recommendations will be dealt with in terms of clause 18.8.

The Council shall consist of: -

ACU Management Committee members;
ACU Committees delegates – two (2) per commission;
the chairperson or accredited representative of each Province
the chairperson or accredited representative of each associate member;
Chairpersons of each of the Ad Hoc Committee.
All members of the Council shall have one (1) vote each.
The Council shall meet at least once a year.
Members of the Council shall receive at least 30 days’ written notice of Council meetings, such notice to be accompanied by the agenda of the meeting.
The Chairperson of Management Committee may call a meeting of the Council if he deems it necessary. He must call a meeting if requested to do so in writing by at least 20 members of ACU or by the ACU Management Committee.
At least 50% plus one (1) of the members present will constitute a quorum for any Council meeting.
Minutes of all Council meetings will be dispatched to all Council members within 30 days of Council meetings.

18.8 The council will deliberate on levies, affiliation and license fees and recommendations / proposals / motions passed at Council meetings shall be tabled at a Management Committee meeting for consideration and ratification if adopted.

19. IMPEACHMENT

Should impeachment proceedings be deemed necessary, then the provisions of clause 17 above shall be invoked provided, however, that the motion for impeachment is supported in writing by not less than three (3) members of the Management Committee or their coaches.

20. THE MANAGEMENT COMMITTEE

The Management Committee shall consist of:
1. the Chairperson of Management Committee
2. one (1) Vice-Chairperson of Management Committee
3. At least five (5) additional members

20.1.3.1 Each of the members should represent one (1) of the following event groups (Sprints / hurdles, Jumps, Throws, Middle / long distances, Race Walking, Road running

Financial Manager
The Chairperson of Management Committee and Vice Chairperson of Management Committee should represent different provinces.
No Province should be represented by more than two (2) members.
The Financial Manager shall be appointed by the Management Committee
Secretary
The Presidium shall be the substructure of the Management Committee facilitating urgent decision on non-policy matters where necessary, in the office of ACU. The Presidium shall consist of the Chairperson of Management Committee, the Vice-Chairperson of Management Committee, one (1) additional member and the Secretary.
The Management Committee shall meet at least eight (8) times per year at the times and at venues determined by the Management Committee.
The Chairperson of Management Committee shall call a Special meeting of the Management Committee if requested to do so by at least three (3) members thereof.
Members of the Management Committee shall receive at least 14 days written notice of meetings together with a copy of the agenda.
The Chairperson of Management Committee will act as Chairperson of all meetings of the Management Committee and in his absence, the vice-Chairperson of Management Committee will so act. Should neither be available the Management Committee members present may appoint a Chairperson from the members present.
Each member of the Management Committee has one (1) vote except the Chairperson while the Chairperson of the meeting will also have a casting vote.
Minutes of all meetings of the Management Committee will be sent to members of the Management Committee and must be dispatched within 14 days of the meeting.
The Management Committee shall have the power to co-opt any person to serve thereon either in general, or for a definite purpose during a specific meeting, or when dealing with a specific matter.
Anyone co-opted under clause 20.9 shall be allowed to take part in the proceedings and the discussions of the Management Committee but without a vote.
At least five (5) voting members present at a Management Committee meeting shall form a quorum.
The activities of the Management Committee are to be transparent and communicated to the members in the form of regular activity reports.

21 POWERS AND DUTIES OF THE MANAGEMENT COMMITTEE

In addition to the powers and duties granted to the Management Committee in terms of any provision of this Constitution, the following further powers shall vest in the Management Committee: -

To establish policy and direction and to approve the annual business plan and budget, after consultation with the council.
To oversee the appropriate expenditure of funds allocated in the budget.
To manage and invest the funds of ACU with a view of long term financial stability.
To keep minutes of all Management Committee meetings;
All matters placed before and dealt with by the Management Committee are to be open to disclosure to the public unless specific resolutions declaring matters confidential are passed at Management Committee;
To designate, where desirable, committees or others appropriate entities to investigate and advise the Management Committee in areas of specialist interest, e.g. marketing, finance, media and television;
To take appropriate action against any member who acts in a manner that brings the sport into disrepute;
To appoint delegates to various bodies which ACU is affiliated to or is required to send such to;
To temporarily or permanently suspend any person, or member who is guilty of misconduct of bringing the Association, ASA or sport of athletics into disrepute, or to restore the status of such a person, club of member by resolution of the Annual General Meeting, subject to the following:

21.9.1 The Presidium shall have the power, during the period of temporary suspension, to either lift the suspension or to extend the duration of the suspension of the member, club, or any individual under the jurisdiction of ACU. However, where the Presidium elects not to lift a suspension imposed by the Management Committee and extends the period of suspension imposed by the Management Committee, the duration of the suspension, as extended, shall endure pending the determination of the Disciplinary Committee of ACU to whom the alleged conduct of the member / club / individual is to be referred. Furthermore, the referral by the Presidium of any such alleged conduct bringing or capable of bringing the sport of athletics into disrepute shall, once decided upon by the Disciplinary Committee, be capable of being dealt with in any one of the following ways, namely:-

acquitting the member / club / individual and automatically lifting the pending suspension, alternatively;
convicting the member / club / individual of the charge or charges faced, with the power to declare the convicted party ineligible to participate in any ACU activities for a maximum period of two (2) years, and which said sentence of ineligibility shall be capable of being suspended for all or portion thereof with or without the option of paying a fine not exceeding R25 000.00;

21.9.2 in all other cases where a coach or administrator who is guilty of misconduct in the area where an athletics event takes place, such finding of guilt by the Disciplinary Committee shall result in summary suspension for a period determined by the Disciplinary Committee and which said suspension shall be required to be ratified by the Management Committee;

21.9.3 notwithstanding anything contained in sub-clauses 21.9.1 and 21.9.2, the Presidium shall have the power to lift any suspension temporarily, or to extend a suspension in respect whereof pending the determination of an appeal against that suspension lodged with the Arbitration Panel of the ASA or any successor to the Arbitration Panel.

21.10 to do anything which is in the interest of ACU, that it is in keeping with his/her mission and objectives and compiles with provisions of the Constitution and the directives of the CHAIRPERSON.

21.11 to maintain a Secretariat under the control of the Chairperson to perform such functions as ACU may decide

21.12 to control the financial affairs of ACU to consider financial statements and in this regard:

21.12.1 to borrow or lend money with the necessary guarantees and conditions;

21.12.2 to acquire, encumber or dispose of movable or immovable property

21.13 to open current and savings accounts for ACU and to draw receive and endorse cheques, bills of exchange, and IOU’s in connection with the financial business of ACU

21.14 to pay out any honorarium upon which has been decided;

21.15 to agree to the settlement of the travel and subsistence expenses of any person when justified by the circumstances;

21.16 to submit to the Annual General Meeting an audited financial report and an income balance sheet for the previous financial year.

21.17 the authority to appoint a Secretary and Financial manager.

21.17.1 The Chairperson shall be the administrative head of the organisation and is responsible for the financial well-being, the image and the marketing of the organisation, as well as implementing broad policies and decisions as laid down by the Management Committee. The Secretary will report to the Management Committee

21.17.2 The Chairperson shall be the Chief Administrator and will be in charge of administrative functions of the ACU Head Office.

NOTE: If a Secretary is not appointed the Management Committee, can assign specific rights of a Secretary to the any member of the Management Committee or co-opt a temporary secretary.

21.18 to convene an Annual General Meeting of ACU

21.19 when vacancies occur in the Management Committee or any Commission to fill such vacancies for the remaining period;

21.20 to confer rights and powers, with commensurate duties and obligations, upon the Management Committee, committees, and Committees and to sanction, ratify or veto their activities insofar as it may be necessary

21.21 to receive applications for affiliation and to submit status affiliation recommendations to the Chairperson.

21.22 to pronounce upon the interpretation of the Constitution or of the rules and regulations issued in terms thereof and also to consider matters referred to it by Members

21.23 to delegate or assign any of his/her powers or duties to the Secretary or Chairperson;

21.24 to make honorary awards;

21.25 to issue rules and regulations as required for the smooth running of the affairs of ACU

21.26 to award provincial ACU colours.

22 THE COMMITTEES

Each Provincial Committees will consist of the following members: -
1. the Chairperson;
2. the Vice-Chairperson;
3. the Chairpersons of the Sub Committee for Primary Schools, Sub Committee for Secondary Schools, Sub Committee for senior coaches
three (3) additional members.(only active coaches who are registered with the Association)

22.3 The role and responsibilities of the Committees shall be provided in Schedule A.

SECTION IV

GENERAL PROVISIONS

HEAD OFFICE

The head office of ACU shall be situated at the venue decided on from time to time by the Management Committee.

HONORARY MEMBERSHIP

Honorary membership will be awarded to persons who have served athletics with great distinction, subject to the following:-

nominations, along with reports of services rendered by the nominee/s to athletics, shall be required to approved by the Management Committee irrespective of whether any such nominations emanate from the Management Committee or from coaches or Associate Members;
Once nominations are approved by the Management Committee, such nominations, together with reports of service, shall then be submitted to Council for consideration;
members shall vote by ballot and only those nominees who have gained 75% of the votes recorded, shall be short-listed for the award;
the names of the final nominees shall be presented for ratification at the next Annual General Meeting;

24.5 notwithstanding anything to the contrary in clauses 24.1 to 24.4 contained or implied, no more than two (2) such awards may be made in each year from the year 2021 onwards.

FINANCIAL MATTERS
1. The financial year of ACASA shall be 1 February to 31 March of the next year.
2. Membership Fees
  1. The Management Committee will submit recommendations in respect of levies, affiliation, and license fees to the council for approval.
  2. Affiliation fees are due on or before the last day of August preceding the new year.
  3. If affiliation fees have not been paid before such date the defaulting member will be automatically suspended from all ACASA affairs and shall only be re-instated when the cause for that suspension will have been removed and the Management Committee approved such reinstatement.
  4. If the amount due is paid, including a penalty equal to half of the member’s affiliation fee, the executive committee may lift the suspension

25.3 ACU shall not distribute its annual surplus funds or assets among his/her members

25.4 ACU is a non-profit organisation and any surplus funds arising shall be used for the benefit of the development of Coaches

26 RULES AND REGULATIONS

26.1 In addition to the provisions of the constitution the Management Committee shall make such rules and regulations as may be required for the smooth running of the affairs of ACU.

26.2 Such rules and regulations may be varied, amended, or rescinded only by:

26.2.1 An Annual General Meeting; or

26.2.2 A Special General Meeting convened for this purpose.

26.3 The Management Committee shall be the interpreter of the ASA Rules. Where no provision exists in the rules for any matter to be dealt with, the WA constitution and/or Rules and/or guidelines shall apply and be invoked mutates mutandis. All matters not provided for under WA or ASA Rules shall be decided by the Management Committee. Decisions in matters of legislation shall become operative only after the approval of the Annual General Meeting has been given.

27 DOMICILIUM RULE

27.1 A Provincial Committee or Sub Committee shall only be a member of an ASA province wherein the club’s offices are located.

27.2 A Coach shall only represent the ASA province wherein he/she is domiciled.

27.3 Other than in an exceptional cases or where a coach has received no co-operation from the province, there shall be no other line of communication between a coach and the secretariat office of ACU, except through the province.

28 INTERPRETATION

28.1 Subject to the provisions of this Constitution, Decisions of the Management Committee concerning the validity of any provision of this Constitution shall be final and binding.

28.2 Difficulties concerning situations not provided for in the Constitution shall be submitted in writing to the Chairperson and shall be investigated and reported upon by the Management Committee before it is placed on the agenda of the next CHAIRPERSON. The decision of the Management Committee shall be final and binding.

29. DISPUTES

29.1 All disputes between Members, or between a Member and ACU or between a Member and an Athlete, or between a Coach and ACU, or between a Coach and ASA, however arising, shall be referred to arbitration for determination within ninety (90) days of the date upon which the disputed decision was made.

29.2 A reference shall not be accepted by the Arbitration Foundation of South Africa (AFSA) until it is determined: -

29.2.1 that a dispute exists or is declared, and

29.9.2 that all remedies have been exhausted under ACU’s Constitution, to resolve the dispute.

29.3 Disputes will be heard by an Arbitrator or Arbitrators appointed by the AFSA, within thirty (30) days of the dispute being referred to it, and in terms of the rules of the AFSA.

29.4 The decision of the Arbitrator or Arbitrators appointed by the AFSA shall be final and binding on all parties, and on all members of ACU, including athletes and coaches.

29.5 The further procedures and fees payable for the hearing of disputes will be prescribed by the Management Committee of ACU.

30 APPAREL

30.1 The badge and colours of ACU will be as reflected in Schedule B.

31 AMENDMENTS TO THE CONSTITUTION

31.1 The Constitution may be amended only at an Annual General Meeting or at a Special General Meeting convened for this purpose.

31.2 Notice of any proposed amendments shall appear on the agenda in accordance with the procedure laid down in clause 28.8.

31.3 The notice shall specify which clause of the Constitution it is proposed to amend and shall indicate clearly what should be omitted or inserted.

31.4 The Constitution may be amended only by a two-thirds majority of the votes recorded.

31.5 Any amendment to the Constitution shall take effect before the conclusion of the meeting unless the meeting decides otherwise with a two-thirds majority.

32 DISSOLUTION OF ACASA

The dissolution of ACU may be effected only in terms of the provisions of clauses 12, 13 and 15, provided that the following stipulations are met -

32.1 The organization may close down if at least two-thirds of the member present and voting at meeting convened for the purpose of considering such matter, are in favour of closing down.

32.2 an interim committee be appointed to finalise the affairs of ACU

32.3 such interim committee be appointed from the members of the Management Committee, the Manager of ACU’s official bank, the CHAIRPERSON and two (2) representatives of the Management Committee.

32.4 The official archives of ACU will be placed in the care of the State Archives in terms of the provisions of section 13 (I) (B) of the Fund Raising Act, No 107 of 1978 as amended from time to time;

32.5 It will be decided at the dissolution meeting whether the assets and liabilities will be carried forward to a similar body in terms of aims and objectives of ACU and which exempt it from income tax or otherwise disposed of.

33 AUTHORITY OF THE CONSTITUTION

This Constitution supersedes any constitution of a member or club in so far as it conflicts with it.

34 AUTHORITY OF THE ASA RULES

Any provision in this Constitution that conflicts with ASA rules will be superseded by such rules, as amended from time to time.

35 SCHEDULES

35.1 Schedule A.

35.2 Schedule B

SCHEDULE A

(OF THE CONSTITUTION

OF ATHLETICS COACHES UNITED)

THE ROLE OF THE COMMITTEES

RULES AND REGULATIONS GOVERNING COMMITTEES

1.1 ACU shall have three four Committees, namely Cross Country, Track and Field Race Walking and Road Running

The Committees shall remain an integral of ACU, and they shall therefore have no standing, legal and otherwise, separate to that of ACU.
The Committees shall have no constitutions of their own and they shall hold neither Management Meetings nor Council Meetings of their own.
Committees shall have no other power except those powers derived from ACU.
The primary role of the Committees is that of planning, technical input, and guidance with specific rules and regulations regarding that particular Commission.
The Committees shall meet at least four (4) times a year.
The Committees will have the right to co-opt members subject to ratification by the Management Committee.
ACU Officials will serve on the Committees in the same capacity in which they serve on the Management Committee.

DELEGATION OF POWERS
1. Subject to the overall authority of the Management Committee the organisation of the particular discipline of athletics delegated in respect of ACU and unless otherwise determined by the Management Committee, the terms of reference of such Committees are set out in this Schedule.
2. For the purpose of such organisation the Committees shall be allocated an operating budget determined by the Management Committee in consultation with the Committees.

POWERS OF THE COMMITTEES

Each Commission shall manage the functions of particular discipline of athletic delegated to it from time to time by the Management Committee, including: -

To co‑operate with and provide guidance to the coaches to further the development of the particular discipline of athletics.
To organize in consultation with the Management Committee, ACU Championships and any other events as may become necessary.
To select competitors to represent ACU and to propose team managers of any team of competitors so selected, subject to the exclusive right of the Management Committee to approve such.
To maintain any section of the Competition Rules relating to the particular discipline of athletics and ensure compliance therewith.
To provide advice to event organisers and assist in the coordination of the particular discipline of athletics fixtures.
To catalogue provincial records and performances and comprehensive statistics.
To establish and maintain standards and practices nationally relating to the particular discipline of athletics.
To co‑operate and collaborate with ACU Development Division in furtherance of the development of athletics.
To draw up and enforce regulations for the organisers of events subject to the approval of the Management Committee, but no such regulations shall contravene a provision of the Competition Rules.

PROCEEDINGS OF THE COMMISSION
1. Not less than fourteen (14) clear days’ notice of all meetings shall be given to all members of the Commission entitled to attend thereat. Such notice shall be sent to their respective addresses as registered with the office of ACU.
2. At least three (3) members present, including the Chairpersons or the Vice Chairperson, will form a quorum at Commission meetings.
3. The Chairperson of the Commission, or any three members of the Commission, may through the Chairperson, call an emergency meeting at any time on a notice of at least seven (7) days.
4. Issues arising at any meeting shall be determined by a majority of votes and in the case of an equality of votes, the presiding member shall have a casting vote.
5. If the Chairperson of the Commission is not present at the start of a meeting, the Vice Chairperson shall chair the meeting.
6. The Commission shall lodge a copy of the minutes of each of his/her meetings with the CHAIRPERSON.
7. Except where otherwise herein provided, the Committees shall determine their own procedures and methods for as long as such procedures and methods comply with provisions of the Constitution of ACU.