Constitution as approved at the AGM on 2 March 2012

  1. NAME
    The Club shall be called “THE FOUR WHEEL DRIVE CLUB OF SOUTHERN AFRICA (WESTERN CAPE)”. It is hereinafter referred to as “the Club”.
    The sole or principal object of the Club is to promote social and recreational amenities or facilities for the members in a non-profit manner.
    This will include the following:
    • (a) to encourage all forms of motor sport catering mainly for four wheel drive vehicles;
    • (b) to promote and maintain the right of the four wheel drive traveller to enter and enjoy private, public and state land, and to petition the government, public authorities and others towards the developing, improving and maintaining of these areas especially in close proximity to built-up areas;
    • (c) to enlighten and instruct on subjects relating to four wheel drive vehicles and driving techniques and to endeavour to make such recommendations for improvements to members, vehicles, manufacturers and others;
    • (d) to serve as a clearing house for information and/or news concerning four wheel drive vehicles;
    • (e) to assist when and where possible in other fields of motor sport, civil assistance and civil emergencies where four wheel drive vehicles may be necessary and/or helpful, including the promotion and maintenance of such services on a regular basis;
    • (f) to develop, maintain and enforce a code of conduct pertaining to driving courtesy, equipment standards and environmental preservation relating to the use of four wheel drive vehicles;
    • (g) to publicise the positive aspects of the above objectives.
    • (a) The Club (and its branches) shall consist of persons who have signified their agreement to the objectives of the Club and their assent to be members thereof and have duly paid the required subscription to the Club.
    • (b) There shall be the following classes of membership:
      • (i) Ordinary Members (individual persons) who pay an annual subscription.
      • (ii) Family Members (husband and wife) who pay an annual subscription.
      • (iii) Life Members who subscribe an amount determined in terms of sub-paragraph (d) and who have been Ordinary or Family Members for a minimum of five years.
      • (iv) Country Members who live outside a radius of approximately 80km from Cape Town city and who pay an annual subscription.
      • (v) Honorary Members (temporary or permanent) open to such persons and for such time as approved by the Committee from time to time.
      • (vi) Corporate Members who pay an annual subscription.
    • (c) The Committee shall have the power to create any further classes of membership and to define the terms of such membership.
    • (d) Subscription and/or entrance fees payable by the members in categories 3(b)(i) through (iv) and (vi) above and, if applicable, to cover membership under Section 3(c), shall be determined by the Committee.
    • (e) Member’s annual subscriptions are due and payable on 1 January in each year. Any member who fails to pay the annual subscription by 15 February in such year shall cease automatically to be a member and may only be readmitted at the discretion of the Committee.
    • (f) The Committee shall have the power to refuse, cancel or transfer membership, which power shall not be arbitrarily exercised. However, it shall not be required that reasons for such action be made public.
    • (g) All applications for membership of the Club shall be made on a form approved by the Committee and shall be accompanied by such fees as prescribed. Each application must be proposed and seconded by current members, one of whom must be a committee member, and forwarded to the Committee for approval.
    • (h) There shall be no geographical restrictions for membership of the Club.
    • (i) New applications for membership will be subject to an initial probationary period, the length, regulations and conditions of which shall be determined by the Committee.
    • (j) All members will be entitled to annual or seasonal membership. A member who joins, during the year will be able to pay pro rata for the rest of that calendar year.
    • (k) Members are prohibited from selling their membership rights or any entitlement in terms thereof.
    • (a) There shall be elected from the members of the Club a committee (in this Constitution referred to as “the Committee”) which shall consist of a Chairperson, a Vice Chairperson, the immediate Past Chairperson, Honorary Secretary and Honorary Treasurer who shall all be ex-officio members of the committee.
    • (b) The committee will be supplemented by not less than 3 nor more than 7 other members who shall be co-opted as provided for in Section 4(e)(ii) hereunder.
    • (c) The Committee shall be vested with the following powers:
      • (i) to administer, manage and control all the affairs of the Club;
      • (ii) to administer, manage and control the property (moveable or immovable) of the Club and to acquire, hire, alienate, lease, sell, mortgage, exchange, donate or grant servitude rights or obligations;
      • (iii) to open and operate accounts with banks, building societies and other financial institutions and to draw, make, accept, endorse, discount, issue and negotiate cheques, promissory notes or other negotiable and transferable instruments for the purpose of the Club. To borrow, raise or secure the payment of money upon pledge
      • (iv) generally, within the framework and with the powers expressed and implied in all paragraphs of this Constitution, to do all things necessary to fulfil the objectives of the Club, including the membership of and/or association to other organisations;
      • (v) to exercise due caution and discretion as trustees for the Club, but subject to the authorisation by a resolution at an Annual General Meeting or a Special General Meeting whenever a transaction concerns:
        • a) immovable property;
        • b) a single sum in excess of R10 000,00 would be permitted provided that receipt for the resale of such goods had been received and honoured by the purchaser’s bankers;
        • c) any other terms and conditions which may be approved at a Special General Meeting;
      • (vi) to frame such bylaws for good conduct as it may think fit for the good management of the Club;
      • (vii) to engage and remunerate a secretary of the Club and such other staff members as may be necessary for administrative purposes;
      • (viii) to sanction branches of the Club;
      • (ix) where so required by Club regulations and bylaws, to take disciplinary action against a member (or branch);
    • (d) The terms and election of members of the Committee shall be subject to the following provisions:
      • (i) members of the Committee shall retire annually but shall be eligible for re-election.
      • (ii) If the vice chairperson so wishes, and provide he/she gives the committee written notification before the close of the January committee meeting of his/her intention to stand, he/she shall automatically go forward as a nominee for chairperson.
      • (iii) Nominations for the election of Committee members due for election at an Annual General Meeting must reach the Secretary by 1st January. Nominations must be signed by the proposer and seconder, and the person nominated. The proposer and seconder shall both be members of the Club and in good standing. In the absence of sufficient nominations in advance, the Committee shall have the power to allow nominations at the Annual General Meeting and/or to fill it/them by co-option.
      • (iv) The nominee for Vice Chairperson shall be an active member of the Club who has been a member of the club for at least two years and has already served the committee in one or more capacities.
      • (v) Voting rights and election to the Committee shall be paid-up members of the Club in classes (i) through (iii) of paragraph (b) and paragraph (c) of Section 3. In the case of Family Members, both husband and wife shall have a vote. The election of the Committee members shall be conducted by the retiring Chairperson. In the event of their being more than one nomination for a particular position, the election shall be by a secret ballot.
    • (e) Proceedings of the Committee shall be in accordance with the following rules and practice:
      • (i) If a member thereof fails to attend three (3) consecutive committee meetings without leave he will be considered to have vacated his seat and shall, on the direction of the Chairperson, be informed accordingly in writing by the Secretary. The Committee may, however, grant leave of absence to any of its members for a period not exceeding one year;
      • (ii) the Committee may at its discretion co-opt additional members at any time, either to fill a vacancy (except that of Chairperson or Vice Chairperson) or to undertake a specific task. A co-opted member of the Committee is required to be a member of the Club. Co-opted members of sub-committees do not necessarily have to be members of the Club. Co-opted members shall cease to hold office at the next Annual General Meeting or when the task for which they have been co-opted has been fulfilled, whichever is the earlier;
      • (iii) In the event of the Chairperson vacating his/her seat, that position will automatically be filled by the Vice Chairperson. Should the position of Vice Chairperson become permanently vacant, a Special General Meeting will be called to elect a new vice Chairperson;
      • (iv) at least six committee meetings a year shall be held. Ten days written notice of all meetings, containing the agenda to be discussed as well as the minutes of the previous meeting, shall be given to each member. Proper minutes of all meetings shall be kept by the Secretary of the Club (or deputy) who shall attend all Committee meetings;
      • (v) 50% of the members shall form a quorum at any meeting, each member having one vote, the majority vote shall count and the Chairperson will have both a casting and deliberative vote. Committee members cannot vote by proxy concerning Committee affairs;
      • (vi) Proper books and accounts of the business and affairs of the Club shall be kept and with the Chairperson’s permission shall be available on request to members of the Committee which shall cause same to be audited annually by a registered accountant. Furthermore, at least quarterly financial reports must be made to the Committee. The financial year shall be from the first day in January to the last day in December each year. An audited balance sheet plus source and application of funds shall be produced as soon as possible after the
      • close of the financial year and a copy of such reports shall be produced at the Annual General Meeting;
      • (vii) In order to continue the enjoyment of preferential tax treatment as referred to in Section 3(a) hereunder, the Committee must submit to the Commissioner of the South African Revenue Service annual income tax returns and the relevant supporting documents thereto.
      • (viii) The Committee must submit a copy of all amendments to the constitution under which the Club is established to the Commissioner of the South African Revenue Service within 30 days after such amendments have been legally accepted. –.
      • (ix) The Committee members will accept a fiduciary responsibility for the Club and will not be connected persons in relation to each other and no single person directly or indirectly controls the decision making powers relating to the Club. –
      • (x) The Committee shall appoint a place in the Republic of South-Africa at which any notices or instruments under the Income Tax Act may be served or delivered on the Club. The Committee shall inform the Commissioner for the South African Revenue Service of such address.
      • (xi) Committee shall appoint a representative as the Public Officer of the Club. The name of the representative and his / her position in the Club must be furnished to the Commissioner of the South African Revenue Service. The representative must be a responsible member of Committee and his position as a member of Committee must constantly be kept filled by the Club. (SARS)
      • (xii) Committee shall inform the Commissioner of the South African Revenue Service within 14 days of any change in Public Officer or service address.
    • (a) The Club is an voluntary association and juristic person and shall as far as legally possible have all the powers of a persona-in-law subject to the framework and powers expressed and implied in all paragraphs of this Constitution, and including:
      • (i) the power in its own name to acquire property, both moveable and immovable.
      • (ii) as a body corporate, who has perpetual succession.
    • (b) All legal proceedings by and against the Club may be brought and defended in the name of the Club whose Chairperson and Secretary shall have the power to institute or defend any such proceedings on its behalf and in its name when authorised thereto by the Committee.
    • (c) The liability of Club members is expressly limited to the unpaid amount, if any, of their subscriptions.
    • (d) The office bearers, Committee members and employees of the Club are indemnified by the Club against all costs, losses and expenses arising from anything done by them in the bona fide administration of the Club, or in connection with any other matter or thing concerning the affairs of the Club save for wilful or dishonest wrong doing on the part of the person who is sought to be made liable.
    • (e) The Club’s liability is limited to obligations made in its own name and own behalf and any assistance granted to any person or body, whether incorporated or unincorporated, shall not render the Club liable for the fulfilment of the obligations of such person or body.
    • (f) The Club is established for the mutual benefit of the members who contribute to share the cost of providing a collective benefit. The common objective therefore excludes the personal financial gain of the individual members and trading for a profit.
    • (a) The Club may upon application admit to affiliation other clubs, societies, or organisations having as their aim, in whole or in part, objectives which are similar to those expressed in Section 2. Any affiliate so admitted shall contribute towards the funds of the Club any sum which may be fixed by the Committee in consideration of such affiliation.
    • (b) When so authorised by special resolution of the Committee, the Club may make application for affiliation to another club, society or organisation whose objectives in whole or in part are similar to the Club and where such affiliation will further the objectives of the Club.
    • (a) Subject to provisions in other sections of the Constitution, the Club is authorised to raise funds by membership fees and other activities, but excluding the operation of any business or trade for the benefit of any individual Club member(s). In principle the receipts and accruals raised in this regard is subject to income tax. As the Club qualified as a recreational Club in terms of Section 30A of the Income Tax Act (the act), the Club will enjoy preferential tax treatment.
    • (b) The mentioned preferential tax treatment relates to a special tax dispensation in terms of Section 10(1)(cO) of the act; donation tax exemptions in terms of section 56(1)(h) and certain capital gains tax concessions.
    • (c) The Club shall not knowingly be a party to, or shall not knowingly permit itself to be used as a part of any transaction, operation or scheme of which the sole or main purpose is or will be the reduction, postponement or avoidance of liability for any tax, duty or levy that would have been or would have become payable by any person under the Income Tax Act or any other Act administered by the Commissioner for the South African Revenue Service.
    • (d) After operating expenses, the balance of the Club’s annual surplus shall be available for use to further its other objectives as set out in Section 2 or a more permanent basis, so authorised by the Club at an Annual General Meeting.
    • (e) No surplus funds will be directly or indirectly be distributed to any person who is not being reasonably remunerated or honoured for work done or services rendered or materials supplied to the Club.
    • (f) No remuneration will be paid to any person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered nor may any remuneration be determined as a percentage of any amounts received or accrued to the recreational club.
    • (a) The Annual General Meeting of members of the Club shall be held no later than the 30th day of March in each year at such time and place within the Western Cape as the Committee shall determine after giving members at least twenty-one (21) days written notice, containing the agenda for the meeting and the names of the nominees for election to the Committee.
    • (b) The business of the Annual General Meeting shall be:
      • (i) adoption with or without modification of the minutes of the previous Annual General meeting and the financial statements with audited accounts.
      • (ii) consideration of notices of motion which have been submitted in writing to the Secretary at least thirty (30) days prior to the date of the Annual General Meeting.
      • (iii) the election of auditors for the ensuing year. Should a member wish to nominate alternative auditors, written notice of intention to do so shall be submitted to the Secretary thirty (30) days prior to the Annual General Meeting.
      • (iv) election of Committee members as provided for in Section 4.
      • (v) to transact any other business with the permission of the Chairperson.
    • (c) The quorum for an Annual General Meeting shall be 20% of the members with voting rights. If a quorum is not present, the meeting shall stand adjourned until such time and place within the ensuing 30 days as the Committee may determine and those present shall form a quorum and the majority vote shall count for any resolution to be carried.
    • (d) The Chairperson for the time being or, in his/her absence, the Vice-Chairperson, shall preside at the Annual General Meeting and, if the Chairperson and Vice-Chairperson be absent, the Secretary of the Committee shall preside. In the event of all three being absent, the meeting shall elect one of its members present to be the Chairperson for the Annual General Meeting.
    • (a) A Special General Meeting of the members of the Club with voting rights may be called by:
      • (i) a special resolution passed by a majority of the Committee members, or
      • (ii) a petition signed by a minimum of 25% or twenty five (25) members with voting rights, whichever is less.
    • (b) Within fourteen days of receipt of such a request in writing as stipulated in paragraph (a), the Secretary of the Committee shall call all members to a Special General Meeting on twenty-one (21) days written notice. Such requisition and subsequent notice of the meeting shall state specifically the reason for which such meeting is desired and the motions to be submitted thereat. If a quorum is not present, the notice thereof and any requisition therefore shall lapse and the motions to be considered shall fall away.
    • (c) 30% of the Club members with voting rights shall form a quorum at any Special General Meeting and the business of the meeting shall be confined to that for which it was specifically called.
    • (d) Special General Meetings shall be presided over as prescribed in Section 8, paragraph (d). A majority vote shall count for any resolution to be carried.
    • (e) A Special General Meeting to amend or annul this Constitution shall be duly called by the Committee not more than ninety (90) days after a requisition in due form to this effect is received by the Secretary, and no resolution on the motion submitted for the discussion shall be valid unless passed by two-thirds majority of the members with voting rights present.
    On dissolution of the Club, a Special General Meeting must be held and a majority of members shall decide the disposal of the surplus assets over liabilities, if any. The meeting shall decide on the disposal of assets, however, with the provision that the assets, or their proceeds, may only be distributed to:
    • (a) Any other Recreational Club which enjoys tax exempt status as a recreational club in terms of Section 30A of the Income Tax Act; and or Constitution of the Four Wheel Drive Club of Southern Africa (Western Cape)
    • (b) Any public benefit organisation as envisaged in paragraph (a)(l)of the definition of a ‘public benefit organisation’ in section 30(l) which has been approved in terms of Section 30(3) of the Act, and which has similar purposes as the Association; and or
    • (c) Any institution, board or body which is exempt from tax in terms of Section 10(1)(cA)(i) of the Act which has as its sole or principal object the carrying on of any public benefit activity.
    • (d) The government of the Republic of South Africa in the national, provincial or local sphere, contemplated in Section 10(1)(a) of the Act.
    In case of conflict or doubt on the meaning and interpretation of the Constitution, differing views on matters of practice and procedure may be settled by resolution of the Committee.

Code of Conduct

  1. Towards human beings
    • Be considerate and helpful to all.
  2. Towards authorities
    • Be of positive attitude when interacting with them, understanding and abiding by their rules.
  3. Toward vehicle perfection
    • Maintain a sound, presentable and roadworthy 4×4. Always carrying sufficient spares and tools.
  4. When travelling on road
    • Drive defensively, setting an example to others.
  5. When travelling off road
    • Drive to survive. Maintain communication with your group.
    • Preplan food, fuel, medication, access and camps.
    • Contribute to the group’s wellbeing.
  6. As a custodian of nature
    • Take only photos, leave only tyreprints.
    • Accept responsibility for your group.
    • Drive gently, follow existing tracks, make none.
    • Preserve and respect all living things.