BY-LAWS OF

SOUTH AFRICAN NATIONAL EQUESTRIAN SCHOOLS ASSOCIATION

APPROVED AND ADOPTED 24 February 2022

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NATIONAL COUNCIL PRESIDENT

INDEX

ARTICLE 1:      FINANCE

ARTICLE 2:      MEETINGS OF ALL SANESA COMMITTEE STRUCTURES 

ARTICLE 3:      POWERS AND DUTIES OF SANESA COUNCIL

ARTICLE 4:      POWERS AND DUTIES OF SANESA EXECUTIVE COMMITTEE 

ARTICLE 5:      POWERS AND DUTIES OF THE SANESA PROVINCIAL COMMITTEES

ARTICLE 6:      POWERS AND DUTIES OF THE SANESA REGIONAL COMMITTEES 

ARTICLE 7:      NOMINATION PROCEDURES

7.1          PROVINCIAL AND REGIONAL CHAIRPERSONS AND COMMITTEE MEMBERS

7.2          NATIONAL EXECUTIVE CHAIRPERSON AND NATIONAL EXECUTIVE COMMITTEE MEMBERS

7.3          COUNCIL PRESIDENT

ARTICLE 8:      ANNUAL GENERAL MEETINGS (AGM’s) PROCEDURES

8.1          PROVINCIAL AND REGIONAL AGM’s

8.2          NATIONAL AGM’s 

ARTICLE 9:       ELECTION PROCEDURES

9.1          PROVINCIAL AND REGIONAL CHAIRPERSONS AND COMMITTEE MEMBERS

9.2          NATIONAL EXECUTIVE CHAIRPERSON AND NATIONAL EXECUTIVE COMMITTEE MEMBERS

9.3          COUNCIL PRESIDENT 

ARTICLE 12:     VENUE ALLOCATIONS FOR REGIONAL AND PROVINCIAL COMPETITIONS

ARTICLE 13:     EQUINE PASSPORTS/IDENTITY DOCUMENTS and INFECTIOUS DISEASES

ARTICLE 14:     CODE of CONDUCT

ARTICLE 15:    DISCIPLINARY PROCEDURES

ARTICLE 16:    MOTION OF NO-CONFIDENCE PROCEDURES

ARTICLE 17:    ADDITIONAL DISCIPLINES WITHIN THE SANESA STRUCTURES 

ARTICLE 18:    SPONSORSHIPS

ARTICLE 19:    DISPUTE PREVENTION AND RESOLUTION PROCEDURES 

ARTICLE 20:    EMERGENCY EVACUATION PROCEDURES AT SANESA SHOWS 

ARTICLE 21:    PARA-MED SERVICES AND FACILITIES AT SANESA SHOWS

PREAMBLE

These SANESA BY-LAWS are derived from the SANESA Constitution, and have been written in order to set out the processes and procedures to be followed in order to give effect to the mission and objectives of SANESA, as set out in the Constitution.

These By-Laws are to be read together with the SANESA Constitution, and the SANESA Rules and Regulations.

In the event that there is any conflict in any of the processes or procedures with the requirements of the SANESA Constitution, the provisions of the SANESA Constitution shall prevail.

ARTICLE 1:      FINANCE

        1.1 SANESA shall appoint and/or confirm the appointment of the Accounting Officer/Auditor of SANESA, for the immediately following financial year, at the organisation’s National  Annual General Meeting each year.        

                1.2 The terms of the appointment of the Accounting Officer/Auditor shall be set out in writing by SANESA, which terms are to be duly accepted by the Accounting Officer/Auditor by his signature thereto. The terms shall include, but not be limited to the requirement to ensure that the accounts of SANESA are kept in accordance with generally accepted accounting  standards, and meet the requirements of the Non-Profit Organisations Act, the Income Tax Act, the SAEF and SASCOC, which shall be specifically recorded by the Accounting Officer/Auditor in writing when signing off the SANESA accounting records.          

        1.3 SANESA’s Financial Year for 2014 shall run to the 31st December 2014, and the 2015 Financial Year shall commence on the 1st January 2015 and run until the 31st December 2015, and thereafter each subsequent Financial Year shall run from the 1st January to the 31st December of that year.          

        1.4 SANESA’s approved/audited financial records shall be kept by the National Treasurer, and shall be made available for the inspection by publication on the SANESA national website.

1.5          The National budget including the relevant levies for the following Financial Year must be completed by the end of November each year.

1.6          Regional and Provincial budgets must to be submitted to the National Office by the end of November each year.

1.7          It is specifically provided that unless a budget has been submitted in respect of any SANESA show or event, and approved through the relevant channels, schedules or entries in respect of any such show or event shall not be opened. The SANESA National Treasurer (“National Treasurer”) together with the SANESA National Executive Committee (“SANESA NEC”) shall retain the authority to withhold permission for any show or event which does not comply with SANESA’s operational and financial requirements.

1.8          It is not acceptable that any show or event runs at a loss, unless it is specifically authorised by both the National Treasurer and the SANESA NEC.

1.9          Actual income and expenditure with relevant documentation and reconciliation for each show must be submitted to the National Office no later than 2 weeks after the show.

1.10       The National Treasurer shall provide interim reports in respect of each show or event to the relevant regional or provincial committee within 4 weeks after the show.

1.11       In the event that any person wishes to examine the approved/audited financial records of SANESA, in any more detail than those as disclosed on the website, such person shall:

1.11.1      recognise that SANESA is a Private Body as defined by the Promotion of Access to Information Act No 2 of 2000 (“PAIA”),

1.11.2      recognise that certain confidential information is contained in the financial records, which SANESA is entitled to take necessary steps to protect such confidential information;

1.11.3      make a formal written request in terms of the provisions of PAIA, to be sumitted to the SANESA National Council President, who is the designated Information Officer of SANESA;

1.11.4      the SANESA National Council President shall then make the necessary arrangements for the desired records to be made available for inspection at the SANESA Headquarters, at an agreed date and time, and for an agreed duration;

1.11.5      the provisions of the PAIA will apply in respect of all such requests, and furthermore, any such individual may be required to sign a Confidentiality Agreement prior to being provided with access to the

1.11.6       records of SANESA.

ARTICLE 2:      MEETINGS OF ALL SANESA COMMITTEE STRUCTURES

2.1          2.1 Due and proper notice of all meetings, with no less than seven (7) calendar days notice, must be served on all members of the relevant committee, clearly stating the date, time and place of the meeting.

2.2          Each attendee of the meeting should be provided with the opportunity of providing input into the Agenda for the meeting.

2.3          Every meeting should be conducted in accordance with an Agenda, which should follow the “Agenda – Master” Template as provided on the SANESA Content Management System (“CMS”).

2.4          It is specifically recorded that the first item on every agenda will be a declaration of “No-Conflict of Interest”

2.5          Every meeting should be minuted, and the minutes should comply with the “Meeting Minutes – Master” Template as provided on CMS.

2.6          The minutes of each meeting should clearly record all those members present at the meeting, as well as recording any apologies received for members not able to attend, any member not present at the meeting, and those issues in respect of which a commmittee member (who is to be identified in he minutes) is required to recuse themselves, in terms of the provisions of clause 12.2 of the Constitution.

2.6        The intention of the minutes of the meeting, inter alia, are to reflect the discussion points raised at all meetings, to record the decisions taken, and to reflect the responsible person designated in respect of each decision taken at the meeting.

2.7        It is not a requirement to use the “Attendance Register – Master” as provided on CMS for any meetings, other than for an AGM, at which an Attendance Register must completed.

2.8        The previous minutes of each meeting should be read, amended where necessary, then proposed and seconded at the very next meeting of that particular committee or sub- committee.

2.9          A copy of every set of minutes is to be submitted to the National Office for filing.

ARTICLE 3:      POWERS AND DUTIES OF THE SANESA NATIONAL COUNCIL

 3.1          The SANESA National Council (“SANESA NC”) sets the national policies, structures, rules and regulations, devolving functions and responsibilities through the SANESA NEC to the various Provincial and Regional structures.

3.2          At its discretion, the SANESA NC may appoint and remove or suspend such attorneys, agents, secretaries, officers, clerks, or employees for permanent, temporary or special services as it may think fit; to invest them with such powers as it may think expedient; to determine their duties and fix and vary their salaries or emoluments (if any) and to require security in such instances and in such amounts as it may think fit, and to comply with the requirements of the Labour Relations Act and the Basic Conditions of Employment Act to the extent required in respect of any employee’s of SANESA;

3.3          To institute, conduct, defend, compound or abandon any legal proceedings by and against SANESA or its officers concerning the affairs of SANESA and also to compound and allow time for payment or satisfaction of any debts due and of any claims or demands by or against SANESA

3.4          Determine duties of any attorney, agent, secretary, bookkeeper, auditor or service as well as determine, vary, reduce or increase their remuneration;

3.5          To make rules, regulations, procedures and provisions on behalf of SANESA.

3.6          To liaise and negotiate with the other equestrian codes including discipline specific issues, DBE, SRSA, SAEF and any other party interested or involved in school equestrian on behalf and for SANESA.

3.7          Additional to all powers conferred in this constitution, the SANESA NC may exercise powers and fulfill deeds not expressly stated in this constitution as may be done or exercised by the society;

3.8          To refer to arbitration any claim or demand by or against SANESA.

3.9          Issues arising at any meeting and/or decisions to be made shall be decided by majority vote.

3.10       All members shall hold one (1) vote, excluding the National Treasurer and National Secretary should they be appointed positions and the President who shall have a casting vote only.

3.11       In the case of an equality of votes, the person chairing the meeting shall have the casting vote.

3.12       The SANESA NC may invest monies and funds of SANESA, to accept and to issue cheques, and borrow monies as may be determined and or required in the execution of its objectives;

3.13       To ensure that the safety of the rider and the interest/well-being of the horse/pony are paramount at all times and that the welfare of the horse may never be subordinated to competitive or commercial influences;

3.14       to issue a formal Code of Conduct, as well as Rules and Regulations which may be updated from time to time;

3.15       to institute disciplinary proceedings with respect to any breach or transgression of any Rules, or any provision of the Code of Conduct as set out in this constitution;

3.16       To appoint the following Legal and Arbitration Committee, comprising :

3.16.1           Appeals Committee

3.16.1.1              The Appeals Committee, which shall consist of at least three (3) members, of which one member must have relevant legal experience.

3.16.1.2              The Disciplinary Procedures, set out in Article 15, and the Dispute Prevention and Resolution Procedures, set out in Article 19, shall regulate the function of the Appeals Committee.

3.16.1.3              The Appeals Committee shall be responsible for hearing appeals against decisions of any Disciplinary Committee, or any Dispute Resolution Committee or an appeal against administrative action on the part of SANESA or any of its members and/or their affiliates.

3.16.1.4              The Appeals Committee shall, on application by any member of  SANESA or members of affiliates of SANESA, have the power to review any decision made by any structure of SANESA.

3.16.1.5              The Appeals Committee shall have the power to vary any decision properly placed before it, whether under review or appeal.

3.16.2           Disciplinary Committee

3.16.2.1              The Disciplinary Committee shall consist of at least three (3) members, of which one member must have relevant legal experience. The Chairperson of the Disciplinary Committee shall be the person  who holds the Legal Portfolio on the SANESA NEC.

3.16.2.2              The Disciplinary Procedures, set out in Article 15, and the Dispute Prevention and Resolution Procedures, set out in Article 19, shall regulate the function of the Disciplinary Committee.

3.16.2.3              The Disciplinary Committee may pronounce sanctions described in the Constitution, By-Laws, Rules and Regulations, in accord with the prescripts of the Disciplinary Procedures and Dispute Prevention and Resolution Procedures in respect of members, officials, riders and any other person that falls under the jurisdiction of SANESA.

3.17       To appoint sub-committees, which may include:

3.17.1           Constitutional

3.17.2           Rules & Regulations

3.17.3           Financial

3.18       By regulation to assign any functions to a standing committee

3.19       Subject to the Constitution, By-Laws, Code of Conduct and Rules and Regulations, to delegate any of its powers to the SANESA NEC, a standing committee, judicial committee or sub- committee

3.20       to enact, repeal and amend the Rules and Regulations of SANESA, provided that

3.20.1           the SANESA NC may make no regulation which is inconsistent with this Constitution, and

3.20.2           any Regulation made by the SANESA NC shall be tabled at the next Annual General Meeting of SANESA and will be of no force and effect beyond the date of that Annual General Meeting unless it is ratified at that Annual General meeting.

3.21       to promote good sportsmanship and honorable practice at all its recognised shows;

3.22       to encourage its members to a program of development and upliftment of equestrian sport at school level;

3.23       to organise and promote competitions in equestrian school sport on a regional, provincial and national basis, and if given the opportunity, international;

3.24       to encourage members to become judges and officials;

3.25       to obtain the assistance, co-operation and approval of the government or any applicable and relevant governing body in carrying out the objectives of Schools’ Equestrian.

3.26       Issues arising at any meeting and/or decisions to be made shall be decided by majority vote.

3.27       to elect one of their members, who may not be a co-opted member, the National Treasurer or the National Secretary, to hold the position as Vice President of the Organisation for the following calendar year, until the next National Annual General Meeting.

3.28       The provisions of Clause 12 of the SANESA Constitution shall be applicable to all SANESA NC members and their meetings.

3.29       Decisions made by the SANESA NC are binding to the SANESA NEC, all Provinces and/or Regions and will be set above any Provincial and/or Regional structure of any National Discipline Association structures.

3.30       The SANESA NC has the right to veto any SANESA NEC decision with motivation if deemed to the best interest of the sport.

ARTICLE 4:      POWERS AND DUTIES OF THE SANESA NATIONAL EXECUTIVE COMMITTEE

 4.2          To manage the business of SANESA and to exercise all powers which are necessary or conducive to the attainment of the sole and main objectives of SANESA as set out in clause 8 of the SANESA Constitution.

4.3          Are responsible for the National Calendar, and for all National and International competitions.

4.4          The SANESA NEC may co-opt additional members for specific projects (with voting power on the particular project) should they deem it necessary, who will not have voting rights and may not be elected as the Chairperson or Vice-Chairperson.

4.5          The SANESA NEC may appoint sub-committees from time to time. These committees will report directly to the SANESA NEC.

4.6          The SANESA NEC will meet as often as deemed necessary.

4.7          The first SANESA NEC meeting of the newly elected SANESA NEC shall be held directly after the National Annual General Meeting

4.8          Email correspondence and video conferencing will be accepted forms to convene meetings.

4.9          Seven (7) calendar days email notification will be given for any SANESA NEC meeting.

4.10       Records of meetings must be available within seven (7) calendar days after the meeting.

4.11       In the event of any member of the SANESA NEC being absent for 2 (two) meetings in succession without special leave of absence from the SANESA NEC, then such person shall automatically vacate their elected position and such vacant position shall be filled in terms of the provisions of this constitution.

4.12       A quorum at any SANESA NEC meeting will be 50% plus 1. This excludes co-opted members with no voting power.

4.13       Each SANESA NEC member will be entitled to 1 vote, excluding the National Treasurer and National Secretary should they be appointed positions and the chairperson who will have a casting vote only.

4.14       Issues arising at any meeting and/or decisions to be made shall be decided by majority vote.

4.15       The provisions of Clause 12 of the SANESA Constitution shall be applicable to all SANESA NEC members and their meetings.

4.16       Decisions made by the SANESA NEC are binding to all Provinces and/or Regions and will be set above any Provincial and/or Regional structure of any National Discipline Association structures.

4.17       The SANESA NEC has the right to veto any Provincial committee decision, with motivation, if deemed to be in the best interest of the sport.

ARTICLE 5:      POWERS AND DUTIES OF THE SANESA PROVINCIAL COMMITTEES

 5.1          The Provincial committee shall compile, together with the SANESA NEC and Regional committees, the Provincial and Regional calendar, with dates, venues and organisers for all Provincial and/or Regional competitions to take place.

5.2          The Provincial Committees undertake to host, organise and run SANESA shows in good order, including completion of essential and correct administration including transparent and correct financial administration as set out in this document;

5.3          The provincial committees are responsible for the development of equestrian sport in their province, subject to the authority of the SANESA NC and SANESA NEC, and are to co-operate with the National Discipline Associations as and when necessary.

5.4          Furthermore, the provincial committees will uphold and enforce the SANESA Constitution, By- Laws, Rules and Regulations and Codes of Conduct together with the discipline specific rules, subject to the SANESA Dispensations received, as stipulated by the relevant National Discipline Associations and will (but not limited to):

5.4.1    select provincial teams to represent their province at National shows;

5.4.2    publish the provincial selection criteria on the National website by December of each year for the next competition season, failing to do so will result in the National selection criteria being enforced for that Province;

5.4.3    institute any necessary disciplinary action against any member, volunteer, rider, parent, coach/instructor, or person subject to SANESA’s rules and regulations in respect of any breach of any rule, regulation of code of conduct, in accord with SANESA’s applicable disciplinary processes as set out in Article 15, which shall be interpreted in such a way  so as to give effect to the aims and objectives of SANESA.

5.5          A quorum at any Provincial meeting will be 50% plus 1. This excludes co-opted members with no voting power.

5.6          Each committee member will be entitled to 1 vote, excluding the chairperson who will have a casting vote only.

5.7          Issues arising at any meeting and/or decisions to be made will be by majority vote.

5.8          The Chairperson of the SANESA NEC (or any other member of SANESA NEC nominated by the SANESA NEC Chairperson for this purpose) will ex-officio be a member of each Provincial committee with the same rights as other elected committee members.

5.9          Decisions made by the Provincial committee are binding to all Regions and will be set above any Regional structure of any National Discipline Association structures.

5.10       The Provincial committee has the right to veto any Regional committee decision, with motivation, if deemed to be in the best interest of the sport.

5.11       The provisions of Clause 12 of the SANESA Constitution shall be applicable to all SANESA Provincial Committee members and their meetings.

ARTICLE 6:      POWERS AND DUTIES OF THE SANESA REGIONAL COMMITTEES

 6.1          The Regional committee shall compile, together with the SANESA NEC and Provincial committees, the Regional calendar, with dates, venues and organisers for all Regional competitions to take place.

6.2          The Regional Committees undertake to host, organise and run SANESA shows in good order, including completion of essential and correct administration including transparent and correct financial administration as set out in this document;

6.3          The regional committees are responsible for the development of equestrian sport in their region, subject to the authority of the SANESA NC, SANESA NEC and Provincial committee, and are to co-operate with the National Discipline Associations discipline committees as and when necessary.

6.4          Furthermore, the provincial committees will uphold and enforce the SANESA Constitution, By- Laws, Rules and Regulations and Codes of Conduct together with the discipline specific rules, subject to the SANESA Dispensations received, as stipulated by the relevant National Discipline Associations and will (but not limited to):

6.4.1    select regional teams to represent their region at Provincial shows;

6.4.2    publish the Regional selection criteria on the National website by December of each year for the next competition season, failing to do so will result in Provincial selections criteria being enforced for the Regional selections.

6.4.3    institute any necessary disciplinary action against any member, volunteer, rider, parent, coach/instructor, or person subject to SANESA’s rules and regulations in respect of any breach of any rule, regulation of code of conduct, in accord with SANESA’s applicable disciplinary processes as set out in Article 15, which shall be interpreted in such a way  so as to give effect to the aims and objectives of SANESA.

6.5          A quorum at any Provincial meeting will be 50% plus 1. This excludes co-opted members with no voting power.

6.6          Each committee member will be entitled to 1 vote, excluding the chairperson who will have a casting vote only.

6.7          Issues arising at any meeting and/or decisions to be made will be by majority vote.

6.8          The Chairperson of the SANESA NEC (or any other member of SANESA SANESA NEC nominated by the SANESA NEC chairperson for this purpose) will ex officio be a member of each Regional committee with the same rights as other elected committee members.

6.9          The provisions of Clause 12 of the SANESA Constitution shall be applicable to all SANESA Regional Committee members and their meetings.

ARTICLE 7:      NOMINATION PROCEDURES

 7.1          FOR PROVINCIAL AND REGIONAL CHAIRPERSONS AND COMMITTEE MEMBERS

7.1.1         The Notice of the AGM must indicate the vacant positions on the relevant committee and call for nominations to fill these vacancies. It being recorded that for continuity purposes, only 50% of the total number of positions on the committee must be made available for nominations and elections in any one year, ensuring that 50% of the committee shall remain for the balance of their 2 year term.

7.1.2         Nominations by member schools nominating a person to represent them and vote on their behalf at the Provincial and/or Regional AGM, must be done on an official nomination form and in the event that the member school is nominating a representative to be elected onto the Committee as either Chairperson or Committee member, the nomination form must be signed by the nominee, indicating their acceptance of the nomination and stamped by the nominating school.

7.1.3         The Nominee referred to in 7.1.2 above must indicate on this form whether they are standing for election to the committee as the Chairperson, or in respect of the Core League Disciplines or in respect of an Additional Discipline, and if in respect of an Additional Discipline, which one.

7.1.4         The original must be handed in prior to the start of the meeting to the person overseeing the election process.

7.1.5         These nominations to reach the National Office not later than forty eight (48) hours before the commencement of the Provincial and/or Regional AGM.

7.1.6         Only schools that are registered members of SANESA, and actively competing, may nominate a person to vote at the meetings and/or the same person or another person to serve on the committee.

7.1.7         A school may only nominate one nominee to represent them in voting, and the same or another to serve on the committee and/or for the chairperson position, it being specifically recorded that a school member may not represented by more than one person on the committee, be it as a member, the Chairperson or the Vice Chairperson, at any one time.

7.1.8         A nominee representing a member school to vote at the AGM may only represent one school. Should a school have both a Primary and High School, they are seen as two different schools and the same nominee may not represent both schools.

7.1.9         Each nominated delegate will be entitled to 1 vote.

7.1.10      Should a school representative arrive at the AGM with an originally signed official nomination form not received by the office, the Chairperson of the Committee may accept this form, subject to confirmation of its compliance with the requirements as set out in Clause 14 of the Constitution, and the authenticity of the form.

7.1.11      Every nomination form to any position on any committee structure of SANESA shall include a disclosure in respect of any family relationship to any other current member of

that committee or any other nominee to that committee. A failure to disclose any such relationship shall render any such nomination form invalid.

7.1.12   Any nomination not complying with the procedure set out above as well as in the  policies of SANESA shall be null and void and be disregarded by the National Office.

7.2          FOR SANESA NATIONAL EXECUTIVE COMMITTEE CHAIRPERSON AND SANESA NATIONAL EXECUTIVE COMMITTEE MEMBERS

7.2.1         A nominated person who is not present at the meeting, may be elected to the SANESA NEC on condition that the nominated person or their proposer can table the nominated persons background and motivation for being elected to the SANESA NEC.

7.2.2         It is important that the area of expertise of each candidate nominated be seriously considered. Nominations for the SANESA NEC and Chairperson should be the best and most qualified people and experience in School Sport will be a strong recommendation.

7.2.3         The SANESA NEC Chairperson may not hold any other position on any other SANESA Provincial or Regional committee.

7.2.4         Serving (apart from officially representing SANESA if so required) on any National and/or Provincial and/or Regional committee of any relevant National Discipline Association or the SAEF will only be allowed if approved by the SANESA NC with a  two third majority.

7.2.5         The SANESA NEC Chairperson may not have any commercial interest whatsoever in any venue used for SANESA shows.

7.2.6         All nominations being proposed by the SANESA Provincial committees and the retiring SANESA NEC must reach the National Office, on the official nomination form signed by the proposer and nominee, before or on close of business ten (10) calendar days before the scheduled Annual National General meeting date.

7.2.7         No late nominations shall be accepted.

7.2.8         For continuity purposes, only 50% of the total number of positions on the committee must be made available for nominations and elections in any one year, ensuring that 50% of the committee shall remain for the balance of their term.

7.3          FOR COUNCIL PRESIDENT

7.3.1              It is important that the area of expertise of each candidate nominated be seriously considered. Nominations for the Council President should be the best and most qualified person and experience in School Sport will be a strong recommendation

7.3.2              orkSANESA Provincial or Regional committee.

7.3.3              Serving (apart from officially representing SANESA if so required) on any National and/or Provincial and/or Regional committee of any relevant National Discipline Association will only be allowed if approved by the Council with a two third majority.

7.3.4              The Council President shall, ex officio, represent SANESA on any applicable level within the SAEF, or any other Federation to which it is or becomes associated, including any international body for equestrian sport.

7.3.5              The Council President may not have any commercial interest whatsoever in any business or venue used for SANESA shows.

7.3.6              All nominations being proposed by the SANESA Provincial committees and SANESA NEC for the position of Council President must reach the National Office, on the official nomination form signed by the proposer and nominee, before or on close of business, ten (10) calendar days before the scheduled Annual National General meeting date.

7.3.7              No late nominations shall be accepted.

ARTICLE 8:      ANNUAL GENERAL MEETINGS (AGM’s)

8.1          PROVINCIAL AND REGIONAL ANNUAL GENERAL MEETINGS

8.1.1    Provincial and Regional AGM’s must be held before the end of October every year.

8.1.2    The quorum at any Provincial or Regional AGM will be at 33% plus 1 of current actively participating schools of which at least 10% should be in attendance at the meeting.

8.1.3    It is specifically recorded that every actively participating school represented at the Provincial or Regional AGM shall enjoy a single vote in respect of each matter requiring a vote at the AGM, provided SANESA is in possession of a duly stamped and signed Nomination Form nominating the individual who has been authorised to vote on behalf of the school;

8.1.4    It is specifically recorded that in the event of a school not being able to attend the AGM / Special General Meeting they shall be entitled to submit a written proxy form, which is not a voting proxy, but which proxy form shall constitute part of the quorum of the meeting, wherein they stipulate that:

8.1.4.1               they are unable to attend the AGM / Special General Meeting,

8.1.4.2               they are satisfied with the content and provision of the Notice and Agenda of the meeting and

8.1.4.3               they will abide by the decision of the meeting.

8.1.5    All proxy forms must reach the National Office forty eight (48) hours prior to the scheduled meeting. NO late proxy forms will be accepted.

8.1.6    It is specifically recorded that such proxy together with any voting papers shall be held by the National Secretary for a period of 90 days in the event of there being a challenge to a specific matter.

8.2          NATIONAL ANNUAL GENERAL MEETING

8.2.1    Notice of the Annual National General Meeting of SANESA shall be posted onto the National Website not less than twenty one (21) calendar days before the date of such meeting. The twenty one (21) calendar days referred to shall exclude the day on which notice is given and include the day of the meeting.

8.2.2    It is specifically recorded that in the event of the time frames referred to above not being complied with in any manner what so ever, then and in such event the General Meeting may condone the non-compliance of such notice.

8.2.3    The Notice of the National Annual General Meeting shall state the business to be transacted at the meeting and the following documents shall be available for inspection at the National office, during office hours, for seven (7) calendar days prior to the meeting.

8.2.3.1         The agenda

8.2.3.2         The minutes of the last National Annual General Meeting

8.2.3.3         Annual Reports from Council President, SANESA NEC and Provincial Chairpersons

8.2.3.4         List of nominations received for individuals  standing for election to the various positions to be elected at the National Annual General Meeting, together with details of access to the nomination forms (including the motivations) for each such nomination

8.2.3.4         The minutes of any Special and/or General Meeting held since the last previous National Annual General Meeting

8.2.3.5         Financial statements

8.2.3.6         Budget for new financial year/season.

8.2.4   Business to be transacted at a National Annual General Meeting, shall be, but not limited to:

8.2.4.1         Welcome

8.2.4.2         Apologies

8.2.4.3         To receive delegates credentials (letter of mandate to vote) and record their eligibility to vote.

8.2.4.4         To confirm the minutes of the preceding National Annual General Meeting and of any other general meetings that may have been held subsequent to the last National Annual General Meeting.

8.2.4.5         Receive Council President’s report;

8.2.4.6         Receive and accept the Annual Financial report

8.2.4.7         To deal with any matters of which twenty one (21) calendar days’ notice have been given.

8.2.4.8         To deal with any changes to the Constitution, Rules and Regulations as per clause 28 of the Constitution.

8.2.4.9         To elect the Council President in terms of Clause 16 of the Constitution, from the nominees received by the National Office ten (10) calendar days before the National Annual General Meeting.

8.2.4.10     To elect the members to the SANESA NEC and SANESA NEC Chairperson in terms of Clause 16 of the Constitution, from the nominees received by the National Office ten (10) calendar days before the National Annual General Meeting.

8.2.4.11     To review the budget for the forth coming year

8.2.4.12     Close of the meeting

8.2.5   A quorum constituting a National Annual General Meeting shall be 50% plus 1 of the SANESA NC.

8.2.6   Any motion put to the vote at the National Annual General Meeting as well as any General National Meeting or AGM shall be by secret ballot unless agreed by the meeting to vote by show of hands on issues arising at the meeting.

8.2.7   Voting for election of office bearers will always be by secret ballot.

8.2.8   Every Province represented at the National Annual General Meeting shall enjoy a single vote in respect of each matter requiring a vote at the AGM, provided SANESA is in possession of a duly stamped and signed Nomination Form nominating the individual who has been authorised to vote on behalf of the Province;

8.2.9   All persons entitled to vote should cast only 1 (one) vote as and when the need for voting arises, excluding the Treasurer and National Secretary should they be appointed positions and the President who shall have a casting vote.

8.2.10  No proxy votes will be accepted.

ARTICLE 9:      ELECTIONS PROCEDURES

9.1          PROVINCIAL AND REGIONAL CHAIRPERSONS AND COMMITTEE MEMBERS

9.1.1    In Provinces functioning with Regions, the Provincial Committee will consist of the Chairperson and Vice Chairperson of each of the Province’s Regional Committees.

9.1.2    In respect of those Provinces not functioning in regions, the Provincial Committee or Regional committee will consist of:

9.1.2.1         In respect of Core League Disciplines, 6 persons plus a chairperson elected at the Provincial/Regional Annual General Meeting in terms of Clause 16.3.1 of the SANESA Constitution;

9.1.2.2         a committee representative for each of the Additional Disciplines, who shall be elected at the Provincial/Regional Annual General Meeting in terms of Clause

16.3.1 of the SANESA Constitution;

9.1.3    The term in office for a Provincial or Regional committee member will be twenty four (24) months which shall commence at the close of the meeting in which the election has taken place.

9.1.4    They may be re-elected for an additional term of twenty four (24) months. Given that these positions must be re-elected every twenty four (24) months, and given further that these positions are directly nominated by the school Members, at the Member’s discretion and nomination, an individual is not restricted as to the number of terms that they may serve on either the Regional or Provincial Committee.

9.1.5    In the event that a committee member steps-down or resigns from the committee mid- term, the remaining members of the committee may, by a simple majority vote, co-opt an additional person onto the committee for the period remaining in that season until the next AGM, at which the vacant position must be advertised for nominations and filled by due process.

9.1.6    In the event that the Vice-Chairperson steps-down, resigns from the committee mid-term, or takes up the position as Chairperson following a stepping-down or resignation of the elected Chairperson, the remaining members of the committee may vote, by simple majority vote, one of the remaining committee members to fill that position. At the next AGM, the procedures as set out in 7.1 above must be followed to fill the position left vacant.

9.1.7    In the event that the Chairperson steps-down or resigns from the committee mid-term, the Vice-Chairperson will automatically assume the position of Chairperson, and the procedures as set out in 7.1 above will then follow.

9.1.8           A nominated person, who is not present at the meeting, may be elected to the committee.

9.1.10       The election of committee members for the Provincial or Regional Committees shall be by way of secret ballot.

9.1.11       The person chairing the meeting shall be entitled to a casting vote.

9.1.12       In all election proceedings, oversight of the election process shall be provided by:

9.1.12.1    In respect of a Provincial Committee - by an independent third party nominated by the SANESA NEC;

9.1.12.2    In respect of a Regional Committee - by an independent third party nominated by the relevant Provincial Committee;

9.1.13   It shall be the responsibility of the outgoing Chairperson of each Committee dealing with elections to make the necessary arrangements to secure the attendance of the necessary independent third party for oversight purposes.

 9.2          SANESA COUNCIL PRESIDENT

9.2.1    At the National AGM, the election of the SANESA Council President will be first and should any of those nominees be present on the SANESA NEC nominee list, if elected in the President’s position, will automatically fall away from the list for the SANESA NEC members.

9.2.2    Thereafter the SANESA NEC Chairperson will be elected in the same manner followed by the SANESA NEC members.

9.2.3    The election of the SANESA Council President shall be by way of secret ballot.

9.2.4    Elections to fill the vacant SANESA Council President position should be held at the first National Annual General Meeting subsequent to the vacancy becoming available.

9.2.5    The National Secretary shall timeously request an SAEF or SASCOC representative to provide the necessary oversight of the election process for the SANESA Council President, failing which the National Secretary shall be entitled to secure the assistance of any independent third party from any other Provincial or District Sports Council, alternatively any other Provincial or District Sports Federation affiliated to SASCOC, to provide the required oversight .

9.2.6    At the first meeting of the newly constituted SANESA NC after the National Annual General Meeting, the members of this committee shall elect a Vice-President for the forthcoming year from one of their number, but who shall not be a co-opted member, the National Treasurer or the National Secretary.

9.3        SANESA NATIONAL EXECUTIVE CHAIRPERSON and SANESA NATIONAL EXECUTIVE COMMITTEE MEMBERS

9.3.1    The election of the SANESA NEC chairperson and committee members shall be by way of secret ballot.

9.3.2    No proxy voting will be allowed.

9.3.3    Oversight of these elections shall be provided in terms of Article 9.2.5 above..

ARTICLE 10:    FINANCIAL PROCEDURES

In accordance with the strict requirements of the Non-profit Organisations Act, No. 71 of 1997 and the Income Tax Act No 58 of 1962, the following FINANCIAL PROTOCOLS AND CONTROLS will apply:

 10.1       Entries and Entry payments

10.1.1           All entries must be done on the SANESA website.

10.1.2           Payment of all entry fees must be made into the SANESA bank account on or before the closing date of entries.

10.1.3           The reference on all EFT’s and other deposits MUST be the UNIQUE PAYMENT ID automatically generated by the system as per entry form.

10.1.1     NO entries will be accepted without a proof of payment..

  10.2       Reconciling of Payments received

10.2.1           All payments received into the SANESA bank account will be reconciled to the entries of all SANESA shows.

10.2.2           It is the Provincial and/or Regional committees responsibility to follow up on all payments not received, payment queries and entry queries as notified by the National Office.

10.2.3           Payments into incorrect bank accounts will be seen as a NON payments.

 10.3       Payment Requisitions

Payments will ONLY be made on receipt of a SANESA Requisition Form, together with a copy of the show’s budget and ALL original relevant backup documentation as follows:

10.3.1           EXPENSE SUPPORT DOCUMENTS REQUIRED

10.3.1.1              Ground Levy Invoice from the Show holding body once the correct number of entries have been reconciled.

10.3.1.2              Officials & Judges A fully completed list SIGNED by all officials

10.3.1.3              Medics Invoice

10.3.1.4              Rosettes Invoice

10.3.1.5              Any other expenses Invoices

10.3.2           NO payments will be made without backup documentation.

10.3.3           NO cash payments will be made.

10.3.4           NO province and/or region may draw more money for expenses than income received without prior written request and approval by the National Office.

10.4       Financial Controls

10.4.1           Bank

10.4.1.1              An approved accounting package must be used to maintain the organization accounting records.

10.4.1.2              Bank statements must be reconciled on a weekly basis.

10.4.1.3              Only EFT payments will be made, NO cash payments.

10.4.1.4              NO payments will be made without proper documentation.

 10.5       Debtors

Invoicing of National levies must be done within 10 working days after the show for all qualifiers, Regional Finals and National and/or International Competitions.

10.6       Creditors

Monthly creditors will be reconciled and payments made on the last day of every month unless otherwise arranged and approved by National SANESA NEC.

10.7       Fixed Assets

Any fixed assets purchased on behalf of SANESA must be recorded in a fixed asset register and depreciated as per SARS rates of depreciation.

10.8       Monthly Accounts

Monthly Accounts must be produced and presented by the treasurer to the National SANESA NEC and Council at all meetings as and when requested.

10.9       Financial Statements

The SANESA NC has resolved that the Financial Statements of SANESA shall be audited. Accordingly, the management accounts must be presented to the National SANESA NEC within ninety (90) days of the organisations year-end and audited Annual Financial Statements must be presented within eleven (11) months after year-end at the National Annual General Meeting for presentation, approval and adoption.

10.10  Fundraising/Sponsorship Balances

At year-end any balances from fundraising or sponsorships received for a particular Region and/or Province will remain in their fundraising account.

ARTICLE 11:    ENTRY FEES

 11.1       Entry fees will be made up of the National levy per entry, a venue levy per entry and if applicable, provincial and/or regional levies as provided for in the provincial and/or regionals budgets and the balance to cover costs such as judges, officials, paramedics, course builders, catering for officials, rosettes, medical /ambulance services, prizing giving functions and stationary.

11.2       The National levy shall consist of, but not be restricted to, the following elements, and a rand amount shall be apportioned to each element at the time that the National Levy is determined:

11.2.1           National Office

11.2.2           National Development Fund

11.2.3           Transport Subsidy for National Championships

11.2.4           Federation Levy

11.2.5           Special Projects

11.2.6           Discretionary Fund

11.3       It is specifically recorded that the SANESA NC may elect to modify or change the elements of the National Levy from time-to-time, at their discretion, but they are required to circulate any proposed amendments to the levy structure throughout the SANESA structures for comment prior to the implementation thereof.

ARTICLE 12:    VENUE ALLOCATIONS FOR REGIONAL AND PROVINCIAL COMPETITIONS

 12.1       Regions and/or provinces must send out an Expression of Interest Form (“EOI”) before the end of October each year, to all Venues that may be in a position to host their Qualifying Shows and Provincial Final Shows.

12.2       The EOI shall set out the minimum standards and criteria for the applicable regional and/or provincial competitions, and the required dates for the shows. A key factor of any such EOI is whether the Venue Levy offered by the Show Holding Body meets the criteria as established by SANESA NC, as set out in the SANESA Constitution at clause 22.3.

12.3       EOI’s must then be returned back to the applicable regional and/or provincial committee, which must in turn submit these to the SANESA NEC.

12.4       EOI’s to be motivated and decided upon by regional and/or provincial committees.

12.5       In the event of a dispute within the region and/or provincial as to the choice of the Venue:

12.5.1           The EOI’s shall be evaluated by a Venue Decision Sub-Committee, which shall be constituted by the SANESA NEC. This sub-committee shall be constituted of three (3) individuals who may not have any vested interest or involvement in any venue, whether directly of indirectly.

12.5.2           This Venue Decision Sub-Committee shall be vested with the rights to make the decision, by a simple majority vote, in respect of the venue for every Region or Province, on the basis of the EoI and motivations received from the various Regional or Provincial committee.

12.7 The decision on the venue for each Region or Province must be finalised before the end of November in each year, and must be communicated directly to the Chairperson of each Region or Province.

12.5       Venues, which do not meet the minimum requirements, will not form part of the evaluation process.

12.6       The motivation for the selection of venues must be recorded.

12.7       The Regional and/or Provincial committee, shall conclude a Service Level Agreement (“SLA”) with the selected Venue, which shall stipulate the exact requirements of all parties in respect of all SANESA shows to be held at that Venue, The SANESA NEC shall make available a draft template of an appropriate SLA for use in all of the Regions/Provinces, which may be amended to reflect any specific agreement arrived at between the relevant Committee and the Venue. A copy of this agreement must be submitted to the National Office.

12.8       The SANESA NEC retains the right to inspect any venue submitted and/or used by Provincial and/or Regional committees for SANESA show at any time.

12.9       Within the Regional structures, it is highly recommended that, wherever possible, a single venue be chosen for all of the Qualifier Shows for that Region.

ARTICLE 13:    EQUINE PASSPORTS/IDENTITY DOCUMENTS and INFECTIOUS DISEASES

  13.1       The identity of the equine should be filled into the passport/identity document.

13.2       SANESA Identity Documents are obtainable from the National SANESA office, alternatively a Passport may be obtained from the SAEF.

13.3       Every competitor undertakes not to take any horse to a show, which has an infectious disease, whether notifiable or not, or which horse the rider could reasonably be expected to know has an infectious disease.

13.4       African Horse Sickness (AHS): in terms of the Animal Diseases Act 35 of 1984, AHS is a controlled and notifiable disease, and it is a legal requirement for all competitive horses outside of the AHS free and surveillance zones throughout South Africa to be vaccinated against AHS annually, during the period 1 June and 31 October of each year. It is to be noted that the use of any unregistered vaccine against AHS is firmly discouraged by the Department of Agriculture, Forestry and Fisheries (“DAFF”). The date and the details of the vaccination must be recorded in the horses passport/identity document.

13.5       Equine Influenza: in terms of the Animal Diseases Act 35 of 1984, Equine Influenza is a controlled and notifiable disease, and it is a requirement for all competitive horses to be vaccinated against Equine Influenza every 6 months. This is not only a requirement in terms of South African law, but also in terms of the SAEF and FEI Veterinary Regulations, which require further that, in order to comply with FEI regulations, that the vaccinations are administered by a licensed Veterinarian, and that the details of the vaccinations given must be recorded in the horses passport/identity document.

13.6       The rider/competitor must be able to provide, and SANESA reserves the right to request, proof in respect of any horse competing at a SANESA show of compliance with the veterinary regulations that are in place, and which are in place in order to reduce the risk of circulating virus at events, and accordingly which are in the very best interests of the welfare of all horses competing at SANESA events. For the purpose of compliance, the horses passport/identity document must reflect, at least, the following information:

13.6.1           a clear identification of the horse, by way of a representation of identifying marks on the horse;

13.6.2           date of innoculation,

13.6.3           the vaccine batch number and

13.6.4           the person responsible for administering the vaccine.

13.7       It is a further requirement of South African law that any horse that is being transported within the borders of South Africa must have with it its passport/identity document, by which the horse must be able to be identified. This identification is contained in the horses passport/identity document, and in the event that a horse box/transport is stopped on any road by any officer of the law, in the absence of such passport/identity document, the horse may be confiscated. Accordingly, our riders/competitors are advised to ensure that they comply with this  requirement at all times when transporting their horse to and from any SANESA event.

ARTICLE 14:    CODE of CONDUCT

14.1       All riders, coaches and parents are required to act in the best interest and wellbeing of their horses and the safety of the rider and bystanders, and further are required to adhere to the current Rules and Regulations and the applicable Code of Conduct. No entry to any SANESA show shall be accepted without acceptance by the rider, coach and parent of the relevant Code of Conduct.

14.2       All riders, coaches and parents are required to handle horses with respect and dignity and place the interest of the horse first, except, and only in, instances where so doing will endanger the safety of a rider or bystander.

14.3       All riders, coaches and parents are required to adhere to all safety rules and regulations in place, both within SANESA as well as within those as set by the Discipline Association.

14.4       All Riders, coaches and parents are required to treat judges and officials with all due respect and courtesy. Any issues in respect of the conduct or  performance of a  judge or official shall be handled in the appropriate way by following proper procedures, as set out in the Rules and Regulations and Code of Conduct, which requires that all such issues are to be reported to the show director. Riders, coaches and parents are not entitled to raise any such issue  in respect of the conduct or performance of a judges and/or officials directly. The only exception to this is where there is an imminent danger or threat posed to the safety of any horse, rider  or bystander which requires immediate intervention by such judge or official.

14.5       All riders, coaches and parents are required to accept the judge’s decision as final and if not satisfied with the decision, are required to direct the query for the attention of the show director, who will then deal with the situation and approach the necessary judges and/or officials on behalf of the rider, coach or parent.

14.6       All riders, coaches and parents are required to respect venue owners and their staff.

14.7       Complaints should be reported through the applicable regions/province’s committee and are to be submitted in writing within 48 hours of the event. The person submitting the complaint is required to disclose their name and contact details, purely for the purposes of being able to verify and report back. All complaints will be treated confidentially by the committee receiving them, and the complainants name shall not be divulged to any other party, except with the complainants consent thereto. No verbal complaints will be entertained. The regional/provincial committee shall not be obliged to attend to any such complaint, unless it complies with these requirements.

14.8       Riders, coaches and parents must act with dignity in and outside of arenas and may not use foul language, especially not in the presence of judges, officials, other riders, parents and spectators.

14.9       Riders, coaches and parents are required to always act in the best interest of the team or school with which they are associated.

14.10   Riders, coaches and parents are required to respect schedules and riding times and provide proper notice of being absent and/or late for a class/es.

14.11   Riders, coaches and parents are required to direct all complaints about judge decisions or rulings to the show director, in accordance with the rules and regulations of SANESA and where SANESA may find it relevant, the relevant Federation and/or the SAEF may be included.

14.12   No Coache/Instructor may be a competitor in any SANESA show where they are fulfilling instructors duties and no Competitor may instruct at any SANESA show where they are competing as a competitor.

14.13   Failure to adhere to the Code of Conduct will be dealt with in accordance with the disciplinary procedures as set out below.

14.14   All riders, coaches and parents shall be required to accept the relevant Code of Conduct prior to entering any SANESA event. Failure to accept the terms of the relevant Code of Conduct shall preclude entry to any SANESA show.

14.15   Any breach of any of the applicable Codes of Conduct shall, at the sole discretion of the relevant SANESA Organising Committee, be subject to a disciplinary process in terms of the Disciplinary Procedures as set out in Article 15.

ARTICLE 15:    DISCIPLINARY PROCEDURES

 15.1       DISCIPLINARY PROCEDURES APPLICABLE TO RIDERS, PARENTS, TEACHERS, CHEFS D’EQUIPE, REPRESENTATIVES OR INSTRUCTORS

15.1.1           A complaint must be reported in writing to the applicable regional/provincial  committee within 48 hours after the closure of the show.

15.1.2           No anonymous complaints will be accepted.

15.1.3           A notice informing the individual/s against whom the complaint is laid (hereinafter referred to as the “defendant”) of the complaint and the grounds of the complaint will be forwarded to the defendant within seven (7) calendar days of receipt of the complaint.

15.1.4           The defendant will be provided with a time and date to state his or her side of the matter.

15.1.5           The applicable regional/provincial committee shall consider the matter, having regard to all evidence placed before it by both the complainant, the defendant and any witnesses to the incident and if the defendant is found guilty:

15.1.5.1              of a first offence, the committee shall report the misconduct in writing to the school or applicable education authority;

15.1.5.2              of a second offence within a period of 2 months, to hold a hearing with the applicable school and agree to appropriate action, which may include suspending the defendant, if the defendant is a rider.

15.1.5.3              of a second offence after a period of 2 months of the first offence, a defendant, if he/she is a rider, rider shall lose his/her points accumulated for him/herself and for his/her school.

15.1.6           In cases where a school does not partake or ignore requests for disciplinary action from a committee, this shall be reported to the SANESA NEC, who may then refer the matter to the Legal and Arbitration Committee for resolution in terms of Article 19 below, with a recommendation to suspend such a school as a whole from further participation in the competition for the remainder of the season.

15.1.7           All correspondence to schools including their responses must be sent to the National Office as well for record keeping.

15.1.8           Any appeal against any decision taken by a Committee pursuant to this procdure shall lie to the Legal and Arbitration Committee in terms of Article 19 below.

15.2       DISCIPLINARY    PROCEDURES     APPLICABLE    TO OFFICIALS          AND                     COMMITTEE MEMBERS:

15.2.1           Upon receipt of written complaint, the SANESA NC will refer the complaint to the Legal and Arbitration Committee (the “Committee”), established as set out in Article 19, to investigate and deal with the received complaint.

15.2.2           No anonymous complaints will be accepted.

15.2.3           The Committee may be assisted by experts of its choice who will form part of the Committee; provided that such experts may not exceed 2 in number without the approval of the SANESA NC.

15.2.4           The defendant will be advised of the alleged contravention on behalf of SANESA either orally or in writing, as soon as practically possible after the Committee has  been charged with the adjudication of the alleged contravention.

15.2.5           The disciplinary enquiry proceedings will be commenced within sixty (60) calendar days (or such extended period as the Committee may determine) after the defendant has been advised of the alleged contravention at a time and place in the as determined by the Committee, taking the jurisdiction of the defendant into consideration, The defendant will be given fair warning of the time and place at which the disciplinary enquiry will be held.

15.2.6           The defendant is entitled to be represented at the disciplinary enquiry by a fellow member (free of consideration and not in any professional capacity).

15.2.7           The defendant is not entitled to any other representation, other than that set out in

15.2.6 above, provided that the Committee may, in exceptional cases, and on written application by the defendant setting forth compelling reasons, grant the defendant the right to professional legal representation.

15.2.8           This representation may be granted in the absolute discretion of the Committee in order to attain procedural fairness, and taking into account such factors as:

15.2.8.1              the nature of the charges brought against the defendant;

15.2.8.2              the degree of legal or factual complexity involved;

15.2.8.3              the potential seriousness of the consequences of an adverse finding;

15.2.8.4              the availability of suitably qualified legal representatives amongst fellow members; and

15.2.8.5              any other factors which the disciplinary committee in its discretion considers relevant in light of the circumstances which prevail in the particular case.

15.2.9           The Committee will appoint a member (free of consideration and not in any professional capacity) as a prosecutor to prosecute the alleged contravention within the disciplinary hearing, and to gather evidence of the alleged contravention.

15.2.10       The Committee will appoint an independent Chairperson to preside over any such proceedings.

15.2.11       The Committee may prescribe forms for use in connection with such disciplinary proceedings. In such event, such forms will be used insofar as practically possible.

15.2.11       The Commitee will determine its own procedures for holding the disciplinary enquiry.

15.2.12       The Chairperson of the proceedings will maintain order during the disciplinary  enquiry.

15.2.13       The prosecutor will detail the alleged contravention at the commencement of the disciplinary proceedings and will present evidence of the alleged contravention within the proceedings.

15.2.14       The defendant will have an opportunity to state his/her case and to present evidence within the proceedings in respect of the alleged contravention.

15.2.15       The prosecutor, the defendant and the Chairperson may examine all witnesses.

15.2.16       After all evidence has been presented, the proceedings will adjourn for the Chairperson to consider all evidence and to make his/her decision.

15.2.17       The Chairperson shall, upon due and proper consideration of all of the evidence led during the proceedings, and having properly applied his/her mind to the charges, together with the applicable provisions of the Constitution, the By-Laws, the Rules and Regulations and the Codes of Conduct, in respect of each contravention will either

15.2.17.1           exonerate the member or official

15.2.17.2           reprimand the member or official

15.2.17.3           suspend the member or official from SANESA for a specified period (but not exceeding the maximum number of days for such suspensions as determined by SANESA NC from time to time)

15.2.17.4           expel the member or official from SANESA

15.2.17.5           and, in all such cases, the Committee may fine the member or official; such fine will be the amount determined by the Committee, which fine  will not exceed the maximum amount for such fines as may be determined by the SANESA NC from time to time.

15.2.17.6           The Chairperson will advise the defendant either orally or in writing of the decision and such Chairperson will submit a written report to the SANESA NC on the disciplinary enquiry and his/her decisions as  soon as practically possible.

15.2.17.7           The details of the disciplinary enquiry may be published as the SANESA NC may determine.

15.2.18       If a defendant refuses or fails to attend a disciplinary enquiry, he/she waives all his/her rights in respect of the disciplinary enquiry and the disciplinary enquiry may proceed in his/her absence.

15.2.19       No suspension or expulsion of a member or official will take effect until same has been ratified by the SANESA NC; provided that if such suspension or expulsion is not ratified, the SANESA NC will refer the matter back to the Committee to impose a different sentence.

15.2.20       The SANESA NC will take its decision within thirty (30) calendar days after it has considered the report of the Chairperson and may call for oral or written representations from the defendant before taking its decision. The SANESA NC will advise the defendant of its decision in writing or orally.

35.3.21 If an official or committee member is suspended or expelled by the SAEF or their National Discipline Association, this will bring about an automatic suspension or expulsion as an official or committee member of SANESA and the punishment imposed by SAEF or their National Discipline Association will also be adhered to within SANESA in regards to the nature and time period for the punishment.

15.2.22 Should the SANESA NC deem it necessary, SASCOC, the SAEF and/or the relevant Discipline Association will be informed/notified/involved.

15.3     DISCIPLINARY PROCEDURES APPLICABLE TO THE PRESIDENT OF THE SANESA NC AND CHAIRPERSON OF THE SANESA NEC:

15.3.1           If a complaint is received against the President of the SANESA NC, or the Chairperson of the SANESA NEC, a Special General Meeting (“SGM”) in terms of Clause 17 of the SANESA Constitution can be called for.

15.3.2           At the convention of the Special General Meeting, the SANESA NC may choose to:

15.3.2.1          call for a vote of no confidence for deliberation. Any such vote of no- confidence shall be held in accord with the procedures as set out in Article 16 below; or

15.3.2.2          refer the Complaint to the Legal and Arbitration Committee for resolution in terms of its own procedures.

15.3.3           At the convention of the Special General Meeting, the defendant will have an opportunity to state his/her case and to present evidence to the SGM caucus in respect of the alleged contravention.

15.3.4           Any motion put to the vote at the Special General Meeting in regards to a vote of no confidence against the President of the SANESA NC, or the Chairperson of the SANESA NEC will be by secret ballot.

15.3.5           For a vote of no confidence to be passed, a two thirds majority will be needed.

15.3.6           If the President of the Council or Chairperson of the SANESA NEC is suspended or expelled by SASCOC, SAEF or a Discipline Association, this will bring about an automatic suspension or expulsion as an official or committee member of SANESA and the punishment imposed by SASCOC, SAEF or a Discipline Association will also be adhered to with in SANESA in regards to the nature and time period for the punishment.

15.4     APPEALS

15.4.1           Following the outcome of any disciplinary process as set out above, any party may appeal the decision taken, which shall follow the Dispute Prevention and Resolution Procedures as set out in Article 19.

ARTICLE 16:    MOTION OF NO-CONFIDENCE PROCEDURES

16.1       A motion of no-confidence may be brought against a particular elected or nominated committee member within any of the committee structures of SANESA;

16.2       In order to bring a motion of no confidence, the motion must:

16.2.1           be set out in writing;

16.2.2           be supported by a minimum of 50% of the members of the committee;

16.2.3           the notice of the motion shall set a date and time for the motion to be argued, which date shall not be be less than seven (7) calendar days and not more than ten (10) calendar days from the date of the service of the notice on the committee member concerned. The form of the notice to be used is provided on the SANESA CMS system;

16.2.4           the notice of the motion must be served on the member concerned and such notice must have come to the attention of that person, the preferable means is by electronic mail, and provision of a “read receipt” shall be sufficient proof that the notice has been brought to that persons attention;

16.2.5           The meeting shall be convened at the date and time as set out in the notice;

16.2.6           In order for a motion of no-confidence to be passed, a vote of at least two-thirds of  the committee is required in support thereof. Therefore, should fewer than two-thirds of the committee be present for the meeting, the motion shall immediately fail and fall away;

16.2.7           The meeting must be chaired by:

16.2.7.1     in the case of a regional or provincial committee, by the National Executive Chairperson;

16.2.7.2     in the case of the National Executive, by the Council President;

16.2.7.3     in the case of the Council, by a SASCOC or SAEF representative;

16.2.8           The meeting shall follow the following format:

16.2.8.1     The Chairperson shall initiate the meeting;

16.2.8.2     The initiator of the complaint shall be required to set out the grounds on which the no-confidence motion is founded;

16.2.8.3     The subject of the motion shall be invited to respond;

16.2.8.4     The remaining members of the committee shall then be able to pose questions to both the initiator and the subject of the motion, which questions must be directed through the Chairperson;

16.2.8.5     A vote, by secret ballot, shall then be called for by the Chairperson, either for or against the motion;

16.2.8.6     In order for a motion of no-confidence to carry, and for a member to be removed from their position within a committee, the motion must carry the support of at least two-thirds of the voting committee. It is specifically recorded that the Chairperson will not have a vote, but each member of the committee present at the meeting shall have one vote each.

16.3       No appeal shall lie against any vote of no confidence that is successfully taken and passed, in accordance with the provisions as set out above.

16.4       In the event that it is alleged that the process as set out above for a vote of no-confidence has not been followed correctly, the process may be subject to review by the Legal and Arbitration Committee in terms of Article 19 below.

ARTICLE 17:    ADDITIONAL DISCIPLINES WITHIN THE SANESA STRUCTURES

17.1       The recognised Additional Disciplines within SANESA are:

17.1.1           Endurance

17.1.2           Eventing 3 Phase

17.1.3           Saddle Seat

17.1.4           Vaulting

17.1.5           Western Mounted Games

17.1.6           Western Riding

17.1.7           Mounted Archery

17.1.8           Stadium Eventing

17.1.9           Working Equitation

 17.2       A new Additional Discipline will be required to develop sufficient traction within the SANESA structures within the timeframes, and in accord with any specific requirements initially identified, and set out by the SANESA NEC at the time at which it was decided to add the discipline.

 17.3       Following the expiry of the initial timeframes established by the SANESA NEC, the SANESA NC shall be entitled to review the establishment of the discipline, and by a simple majority vote, shall be entitled to decide that the discipline should be discontinued in the event that, in the considered opinion of the SANESA NC, the discipline is not complying with or is detracting from the objectives of SANESA.

 17.4       As a general requirement, an Additional Discipline may be entitled to retain its recognition, at the sole discretion of the SANESA NC, by SANESA subject to the following conditions:

17.4.1           the Additional Discipline shall recognise and incorporate the specific requirements of SANESA in respect of every SANESA class offered for the discipline, as set out in its Constitution, these By-Laws and the Rules and Regulations;

17.4.2           in the event that SANESA requires any special dispensations from the Additional Discipline in respect of the specific rules thereof, in order to comply with SANESA requirements in terms of school sports requirement, these shall be set out in writing by the Additional Discipline, and shall be published on the SANESA website;

17.4.3           all SANESA classes shall be held seperately, or as a separate pool, at any Additional Discipline event, and shall not share placings within any such class with non-SANESA riders. No prize money may be awarded in any SANESA class;

17.4.4           all entries shall be processed on the SANESA system;

17.4.5           within a pre-determined period, the Additional Discipline must be able to compete at the SANESA National Championships, and accordingly within such pre-determined period, shall have established a suitable and representative presence in at least three

(3) provinces, and be able to offer a properly competitive environment at the National Championships. In this regard, SANESA NEC shall have the right, at its own discretion, to determine whether or not the Additional Discipline complies with this particular requirement ahead of the National Championships;

17.4.6           In the event that the SANESA NEC, in its discretion, determines that the Additional Discipline is not suitably competitive, it may determine that:

17.4.6.1              the Additional Discipline may hold a National Championship, but that the provincial representation at such Championship shall not be entitled to apply for provincial colours an/or recognition therefor, and that such Championship is therefore held purely for developmental purposes;

17.4.6.2             the Additional Discipline shall not be entitled to hold a SANESA National Championship;

17.4.7           All National Championships for all Additional Disciplines shall be held:

17.4.7.1              contemporaneously with the Core League National Championship;

17.4.7.2              at a Venue approved by the SANESA NEC at its sole discretion; and

17.4.7.3              subject   to   the    scheduling    thereof, within      the  overall                  National Championship Schedule, by the SANESA NEC.

ARTICLE 18:    SPONSORSHIPS

18.1       Each Regional/Provincial Committee is encouraged to raise sponsorship for their respective Region or Province during each season;

18.2       Any such monies raised will stand to the credit of that Region or Province, and may be utlised solely to meet the objectives of SANESA within that Region or Province or at that Region or Province’s direction;

18.3       The National Office shall be entitled to recommend and encourage the utilisation of a percentage of any sponsorship funds remaining to the credit of a Region or Province at the end of any season to be used for the purpose of development of Equestrian Sport within SANESA’s constituency within that Region or Province, but any such decision shall rest wholly with the relevant Regional or Provincial Committee.

ARTICLE 19:    DISPUTE PREVENTION AND RESOLUTION PROCEDURES

19.1                Definitions

19.1.1           Any expression in these rules that is defined in the SANESA Constitution, as amended from time to time, has the same meaning as assigned therein unless, inconsistent with or otherwise indicated by the context.

19.1.2           The following words and phrases that are used in this Procedure shall have the meaning as ascribed to them in below.

19.1.2.1        "Chairperson” means the chairperson of the Committee or member of the Committee acting as chairperson at a meeting of the Committee where the chairperson is absent or for any reason unable to perform his or her functions;

19.1.2.2        "Constitution" means the SANESA Constitution;

19.1.2.3        "Committee" means the Legal and Arbitration Committee established in terms of this Procedure;

19.1.2.4        "Dispute" means (i) any dispute contemplated to be resolved by SANESA in terms of any applicable legislation; and (ii) disputes contemplated in terms of the Constitution to be resolved through SANESA structures;

19.1.2.5        "Dispute Resolution Procedures” means this document comprising the procedures for dispute prevention and resolution as contemplated in the Constitution applicable to all persons falling under the jurisdiction of SANESA;

19.1.2.6        “Person” means any person (juristic or natural) falling under the jurisdiction of SANESA;

19.1.2.7        "Referring Party or Applicant” means any Member, SANESA Official, Rider, Parent or Instructor who lodges a Dispute with SANESA;

19.1.2.8        "Respondent" means a Member, SANESA Official, Rider, Parent or Instructor against whom a Dispute a is lodged;

19.1.2.9        "Rules" means these rules as applicable to resolution of;

19.1.2.10     "Rules and Regulations” means the SANESA Rules and Regulations;

19.1.3           These Rules shall, wherever possible, be construed in conformity with the Constitution; and

19.2                Object and Establishment of the Dispute and Disciplinary Procedures

19.2.1           Section 13 of the National Sport Amendment Act 18 of 2007 ("the Act") provides amongst others that:

19.2.1.1        "every sport or recreation body must in accordance with its internal procedure and remedies provided for in its Constitution, resolve any dispute arising among its members or with its governing body.

19.2.1.2        The sport or recreation body must notify the Minister in writing of any dispute contemplated in paragraph (a) as soon as it becomes aware of such dispute.

19.2.1.3        Where the dispute cannot be resolved in terms of subsection (1), any member of the sport or recreation body in question may who feels aggrieved, or the sport or recreation body itself, may submit the dispute to the Sport Confederation.

19.2.2           Clause 36 of the Constitution provides that "Every person (juristic or natural) falling under the jurisdiction of SANESA shall ensure that any dispute that it has with a body or individual falling under the jurisdiction of SANESA is resolved in accordance with the dispute prevention and resolution procedures".

19.2.3           In light of the aforesaid, this Dispute Prevention and Resolution Procedure (these “Procedures”) is hereby established, with the object of implementing a procedure for adjudication, determination, decision, review or appeal on any disputes in terms of the Constitution, and provides for:

19.2.3.1        the Broad framework applicable;

19.2.3.2        the recognition of the SANESA Legal and Arbitration Committee;

19.2.3.3        the establishment, structure, functions and role of the Committee in respect of the these procedures

19.2.3.4        the rules and procedures in respect of the proceedings relating to Dispute Prevention and Resolution procedures.

19.3                Establishment and Structure of the Committee

19.3.1           The Committee is hereby established to prevent, advise, resolve, review and/or adjudicate Disputes arising within SANESA, including:

19.3.1.1        to take decisions in respect of properly referred Disputes, as may be appropriate in the circumstances, in terms of the Constitution;

19.3.1.2        make recommendations to the SANESA NC regarding the disciplinary proceedings, no-confidence voting, suspensions, fines, sanctions or termination of membership of any person as contemplated in the Constitution in respect of disciplinary matters;

19.3.1.3        determine appropriate appeal processes to be followed in respect of any decision taken at any disciplinary enquiry conducted in terms of Article 15 above;

19.3.1.4        conduct a review of the due process followed in respect of any vote of no- confidence taken in terms of Article 16 above.

19.3.2           The Committee shall be empowered to determine its own rules, procedures and make any decisions concerning their rules and procedures, to the extent that such rules and procedures are not already contained in this Procedure.

19.3.3           The proceedings of the Committee shall not be open to the public, unless Committee determines otherwise.

19.3.4           The Committee will observe the rules of natural justice, but will have discretion regarding admissibility of evidence notwithstanding an enactment or rule of law to the contrary, relating to the admissibility of evidence in proceedings before a court of law where such admission

would be appropriate and not unduly unfair or prejudicial to one or more parties to the Dispute.

19.3.5           The Committee is hereby vested with the necessary authority, inherent powers and standing, in relation to any matter under its jurisdiction.

19.4                Jurisdiction and Powers of the Committee

19.4.1           The Committee shall have jurisdiction:

19.4.1.1        over any person, Member, SANESA elected and or co-opted Committee Member at any level of the SANESA structure, riders, parents, officials, coaches, instructors and any other person involved with or engaged with any SANESA activity, event or operation;

19.4.1.2        in respect of any Dispute arising within SANESA;

19.4.1.3        in respect of any Dispute or complaint referred to it by the SANESA NC or SANESA NEC;

19.4.1.4        over any complaint or allegations, in respect of Members and persons over whom SANESA has jurisdiction not otherwise expressly provided for in the Constitution, the By-Laws, the Rules and Regulations and the Codes of Conduct, including any breach of the Constitution, By-Laws, Rules and Regulations, Codes of Conduct

19.4.1.5        to condone the late delivery of any documents or referral of a Dispute or non- compliance with the procedures set out in this Procedure;

19.4.1.6        to make any appropriate order;

19.4.2           The Committee shall not have jurisdiction in respect of: -

19.4.2.1        matters in respect of which the referring party or Applicant has not complied with the requirements to refer a Dispute to the Committee, as set out in the Constitution, the By-Laws and the Rules and Regulations;.

19.4.2.2        the Dispute or complaint shall have previously been heard, decided or ruled upon by the Committee, and all appeal processes exhausted.

 19.5                Composition of the Committee

19.5.1           The Committee shall be convened when required to deal with Disputes, complaints or allegations or disciplinary matters referred for resolution in terms of this Procedure, and shall consist of:

19.5.1.1          the individual holding the Legal Portfolio on the SANESA NEC, who ex officio holds the position as Chairperson of the Committee, or his/her Deputy or another duly appointed member of the Legal and Arbitration Committee, who is hereby appointed as the Chairperson of the Committee;

19.5.1.2          an additional person duly appointed by the SANESA NEC as a Member of the Committee;

19.5.1.3          an independent external person if such person(s) participation is deemed necessary by the Chairperson of the Committee, to assist with the adjudication of a Dispute; and/or

19.5.1.4          such other person designated by the Committee who may provide secretarial services to the Committee.

19.5.2           The Committee shall convene an Appeals Committee to deal with any matter referred for Appeal, subject to the provisions of the Conflict of Interest provisions set out in 19.7 below.

 19.6                Passing of Decisions

19.6.1           Decisions are passed either by consensus or a simple majority of the members of the Committee present;

19.6.2           Decision passed by consensus of all members and signed by all the members shall constitute a decision for purposes of 19.6.1 above even when it is not passed in a meeting;

19.6.3           Decisions passed by votes must be in a meeting of the Committee, and every member of the Committee present shall be entitled to vote;

19.6.4           All hearings of the Committee will be presided over by the Chairperson, in the absence of the Chairperson, one of the members appointed by the Chairperson to represent him or she shall act as Chairperson;

19.6.5           The Committee may appoint any independent person, with specific specialty, to sit in a hearing if that person may assist the process although that person cannot vote;

19.6.6           The Committee will apply the Constitution of the Republic of South Africa, its own Constitution, By-Laws, Rules & Regulations and Codes of Conduct, the Constitution and Rules and Regulations of SAEF and the peremptory prescripts of Department of Education, Department of Sports and Recreation and SASCOC, as may be applicable in the circumstance;

19.6.7           The Committee may adopt its own procedure (without deviating from these Procedures) with the minimum of legal formalities but complying with the principles of natural justice.

19.6.8           The Committee must conduct its proceedings in a fair manner and efficiently with the minimum formalities in compliance with the rules of natural justice.

 19.7                Conflict of Interest

19.7.1           Members of the Committee must decline to participate in any hearing where their participation will result in conflict of interest or will raise serious doubts regarding their impartiality. This applies in the following cases (among others) where:

19.7.1.1          the member(s) in question has a direct interest in the outcome of the matter;

19.7.1.2          if he/she is associated with any of the parties;

19.7.1.3          if he/she is the member of the party in respect of whom a Dispute arose; and

19.7.1.4          if he/she has already dealt with the case under different circumstances.

19.7.2           Members who recuse themselves from any hearing on any of the above grounds or any other ground not listed herein shall notify the Chairperson immediately.

19.7.3           Member(s) of the Committee or parties involved in a Dispute may also raise an objection to a member of the Committee that they believe to be biased or whose participation will result in conflict of interest or will raise serious doubts regarding their impartiality.

19.7.4           The Chairperson shall decide on any such claim of bias, provided that, if the objection is raised against the Chairperson, the other Members shall decide on the bias.

19.7.5           Proceedings that have involved someone whom the Chairmperson has ordered not to participate will be considered null and void.

 19.8                Confidentiality

19.8.1           The members of the Committee shall ensure that everything disclosed to them during the course of their duty remains confidential (facts of the case, contents of the deliberations and decisions taken).

19.8.2           Only the contents of those decisions already notified to the parties to the Dispute may be made public.

19.9                Powers of the Committee

19.9.1           Following the hearing of a Dispute, having properly considered all evidence led, and the application of the Constitution, By-Laws, Rules and Regulations and Codes of Conduct, together with these Procedures, the Committee shall have the powers to:

19.9.1.1        in the event of finding against a party in the Dispute:

19.9.1.1.1        warn or reprimand such party; and/or

19.9.1.1.2        recommend a suspension of such party; and/or

19.9.1.1.3        recommend a fine to be imposed in respect of such party; and/or

19.9.1.1.4        recommend termination of membership of such party;

19.9.1.2        dismiss a complaint or dispute if it is vexatious, frivolous or does not set out a

prima facie case or for any grounds as shall be appropriate in law; and/or

19.9.1.3        make any appropriative order including an order that a party pay the costs the other party.

19.10            Supplementary Powers of the Committee

19.10.1       For purposes of determining or deciding, or resolving a Dispute the Committee may also: -

19.10.1.1     consult or seek further information evidence and/or expert evidence

19.10.1.2     regarding the dispute from the complainant or any person or body, including the Respondent;

19.10.1.2.1 seek legal or other advice or assistance from any person or body; 19.10.1.2.2 order any person to produce documents or information as may be

relevant to the Dispute; and/or

19.10.1.2.3 order any person to appear in person in respect of a Dispute where such an individual ‘s evidence may be relevant to the Dispute.

19.11            Issuing a subpoena

19.11.1       The Committee may at any stage, and in appropriate circumstances, subpoena any person or body bound by the Constitution and these rules to appear before the Committee to, give evidence or produce any book, paper or document in the hearing.

19.12            Form and Content of the Decision

19.12.1       The decision or award of the Committee shall contain: -

19.12.1.1     the composition of the Committee;

19.12.1.2     the names of the parties;

19.12.1.3     a summary of the facts;

19.12.1.4     the legal reasons for the decision;

19.12.1.5     the terms of the decision; and

19.12.1.6     be signed by the Chairperson.

19.13            Recordings of the Proceedings of the Committee

19.13.1       The Secretary must keep a record of –

19.13.1.1     any evidence given in the hearing;

19.13.1.2     any sworn testimony given in any proceedings before the Committee;

19.13.1.3     any award or ruling made by a Committee.

19.13.1.4     any descending judgement(s) which are not part of the award.

19.13.2       The record may be kept by legible hand-written notes or by means of an electronic recording.

19.13.3       Any party may request a copy of the transcript of a record or a portion of a record, on payment of the reasonable costs of the transcription.

19.13.4       After the person who makes the transcript of the record has certified that it is correct, the record must be returned to the Secretary.

19.13.5       The transcript of a record certified as correct in terms of 19.13.4 above it is presumed to be correct, unless the Chairperson decides otherwise.

19.14            RULES FOR THE CONDUCT OF PROCEEDINGS IN TERMS OF THESE PROCEDURES

19.14.1       These procedures recognise the existence of the Legal and Arbitration Committee as established by SANESA NC, with the mandate to:

19.14.1.1     advise and provide recommendations on the formulation of policy documents;

19.14.1.2     consider and advise on legislation and other regulatory matters which may be of relevance to SANESA;

19.14.1.3     consider, advise and make recommendation with respect to legal issues brought to it by the SANESA National President on behalf of the SANESA NC and/or the SANESA National Charperson on behalf of the SANESA NEC;

19.14.1.3.1 advise on Governance matters pertaining to SANESA; 19.14.1.3.2 consider matters for arbitration and/or dispute resolution;

19.14.1.3.3      make recommendations for the appointment of panels(s) for the purpose of conducting arbitration proceedings; and

19.14.1.3.4      advise on matters to be referred for arbitration or litigation.

19.14.2     Pursuant to its mandate the Legal and Arbitration Committee shall carry out the primary responsibilities of avoidance of Disputes and assistance with the implementation of the Disciplinary Code and these Procedures, which it shall carry out, inter alia, as follows:

19.14.2.1      considering and recommending measures that can be adopted by SANESA to avoid Disputes;

19.14.2.2      introduce policy documents that can avoid disputes;

19.14.2.3      propose policies, procedure including amendments to this Procedure, for purposes of dealing with Dispute prevention and resolution;

19.14.2.4      consider Disputes, complaints or allegations as referred to it to determine whether:

19.14.2.4.1          there are possible measures of resolution of such disputes without the need for Arbitration, including dialogue between the parties to a Dispute;

19.14.2.4.2          consider and recommend where appropriate mediation of disputes as a possible step for resolving the disputes; and

19.14.2.4.3          consider and recommend possible mediators; and

19.14.2.4.4          decide on dismissal of a Dispute, upon initial consideration on the basis of that is frivolous or vexatious or does not set out a prima facie case;

19.14.2.5      Disputes should be referred to the Committee and the establishment of the Committee for purposes of adjudicating Disputes;

19.14.2.6      exercise functions relating to convening and composition of the Committee from time to time as contemplated in this Procedure, for purposes of avoidance and/or resolution of Disputes and/or implementation of the Disciplinary Code.

19.14.3     Referral of Disputes, Serving and Filing Documents

19.14.3.1      Any Dispute shall be referred by a Committee member, Member or individual over whom SANESA has jurisdiction (“referring party”), to the Chairperson of the Legal and Arbitration Committee, with a request that such Dispute be handled in terms of this Procedure.

19.14.3.2      A referring party shall not do so without first having exhausted all available internal remedies, as provided for in the Constitution or By-Laws as may be applicable to in respect of the Dispute or complaint, unless such referring party can demonstrate as part of its referral that the relevant internal remedies, have not been made available or are not accessible to such a party, in which case the Committee will have a discretion to allow or refuse to hear the Dispute.

19.14.3.3      The referral of Dispute shall be in a prescribed format and sent by electronic mail to legal@sanesa.co.za, provided that it shall be the responsibility of the referring party to ascertain that such referral has been received.

19.14.3.4      The referring party must set out in detail, the full facts on which the complaint or dispute is based and refer to the alleged clause(s) which have allegedly been contravened.

19.14.3.5      No Disputes shall be considered by the Committee unless it is lodged in the prescribed format and accompanied by all relevant supporting documents.

19.14.3.6      The Chairperson shall, upon receipt of the referral, arrange for the Committee to stipulate the procedure to be followed by the party referring the Dispute and any other party affected by the Dispute, for purposes of getting the Dispute ready for hearing or adjudication by the Committee.

19.14.4     Hearing of Disputes

19.14.4.1      A Dispute referred to the Committee will be heard within a reasonable time, subject to compliance with the requirements of these procedures, or any directives issued by the Committee with regard to these procedures.

19.14.4.2      The Chairman in consultation with the Committee shall determine the procedure to be followed in the hearing of any Dispute(s) to the extent not already provided for in these Procedure.

19.14.4.3      The Committee and/or the Chairperson shall notify the parties of the date, time and place of the hearing.

19.14.4.4      An email to the parties last-known address will be deemed to be sufficient notice of the date, time and place of the hearing for the purposes of this rule.

19.14.5     Postponement of a Hearing

19.14.5.1      a scheduled hearing may be postponed by the Chairperson in consultation with the parties;

19.14.5.2      the Chairperson must postpone a hearing without the parties appearing if: 19.14.5.2.1 all the parties to the dispute agree in writing to the postponement;

and

19.14.5.2.2 the written agreement for the postponement is received by the Chairperson at least 6 (six) working days prior to the scheduled date of the hearing.

19.14.5.3      A party that does not agree to a postponement may make written  representations to the Chairperson at least four (4) days before the scheduled date of the hearing.

19.14.5.4      After due consideration of any written representations received, Chairperson must decide whether or not to grant a request for postponement and convey his decision in writing to the Committee and all parties to the dispute.

19.14.5.5      In the event that the Chairperson decides to grant the postponement as requested, the notice of postponement must be delivered to the Parties two (2) days before the date on which the hearing was scheduled.

19.14.5.6      If a party, bringing an application for a postponement to a dispute fails to comply with the time periods referred to above the hearing must take place on the scheduled date, unless the Chairperson on good cause shown grants a postponement and conveys his decision in writing to the Committee and all parties to the dispute.

19.14.6     Representation Before the Committee

In any proceedings before the Committee, a party to the proceedings may at its own costs:

19.14.6.1     appear in person; or

19.14.6.2     be represented by a legal practitioner, provided that the intention to utilise a legal practitioner shall have been notified to the Chairperson no less than seven (7) calendar days before the hearing; or

19.14.6.3     a director or executive member of the party’s Association or any member, office- bearer or official of that party's Association.

19.14.6.4     an "alleged offender" may be represented by any person of his choice or a legal practitioner at his or her own cost provided that the intention to utilise a legal practitioner shall have been notified to the Chairperson no less than seven (7) calendar days before the hearing.

19.14.7     Signing of Documents

19.14.7.1     Any document that a party must sign in terms of these rules may be signed by the party or by a person entitled, in terms these rules, to represent that party in the proceedings.

19.14.7.2     If proceedings are jointly instituted or opposed by more than one person or Member(s) documents must be signed by an individual who is mandated by the Member or individual concerned, to sign documents. A name list in writing of the Members or individuals who have mandated the member to sign on their behalf must be attached to the Dispute Referral Form.

19.14.8     Preliminary Inquiry

19.14.8.1     The Committee may decide on whether a Dispute has been properly referred and to be dealt with in terms of these procedures, if the Committee decides that a Dispute has not been properly referred, it may decide not to hear such a Dispute or give direction as to how such a dispute should be dealt with.

19.14.8.2     The Committee may, decide, after considering the Dispute, whether to dismiss the Dispute if it is found to be frivolous or vexatious or does not set out a prima facie case.

19.14.8.3     The Committee may, in order to decide whether or not to dismiss the Dispute call for further information or affidavits from the referring party; and should the referring party fail to furnish such information, the Committee may dismiss the Dispute.

19.14.8.4     If the Dispute is dismissed the Committee must within ten (10) calendar days after the dismissal of the Dispute inform the referring party of such a dismissal and the reasons for same.

19.14.8.5     The Chairperson may contact the parties by telephone or other electronic means, prior to the commencement of the hearing, in order to seek to resolve the dispute.

19.14.9     Pre-hearing Meeting

19.14.9.1     The Chairperson has a discretion to decide on whether there is need for a pre- hearing, and form thereof, and if it is decided that the pre hearing is necessary then the Chairperson shall not later than ten (10) calendar days prior to the hearing day, notify the parties of the date, time and place for a pre-hearing meeting.

19.14.9.2     The following must be dealt with at the pre hearing meeting: 19.14.9.2.1   each party must provide admissions on certain issues;

19.14.9.2.2     confirm that the referring party has exhausted internal remedies; 19.14.9.2.3   any agreement which may be reached regarding the presentation

of proof by means of an affidavit;

19.14.9.2.4     any dispute regarding the duty to begin or the onus of proof; 19.14.9.2.5       which documents or copies of documents will, without further

proof, serve as evidence of what they purport to be;

19.14.9.2.6          which extracts may be proved without proving the whole document or any other agreement regarding the proof of such documents; and

19.14.9.2.7          settlement attempt by both parties.

 19.14.10  Minutes of the Pre-Hearing Meeting

19.14.10.1  after the pre-hearing meeting has been held the minutes or the written record of the meeting must be prepared and signed by or on behalf of every party;

19.14.10.2  the minutes must contain the date, place and duration of the conference and the names of the parties present.

19.14.10.3  the minutes of the pre-trial meeting must be filed by the Chairperson.

19.14.11  Hearing of a dispute

19.14.11.1  If the Dispute is not dismissed, the Chairperson must within a reasonable time after the pre-hearing, notify the Parties of the date of hearing.

19.14.11.2  The Secretary must send a notice of set down of hearing to the Parties.

19.14.11.3  The hearing must be conducted in accordance these Procedures.

19.14.12  Failure of a Party to attend Hearing of the Committee

19.14.12.1  If either party fails to attend at any proceedings before the Committee, the Committee may dismiss the matter by issuing a ruling.

19.14.12.2  If either party fails to attend or be represented at any proceedings before the Committee, the Committee may:

19.14.12.2.1       continue with the proceedings in the absence of the such a party; or

19.14.12.2.2       adjourn the proceedings to a later date.

19.14.12.3  the Committee must be satisfied that the party had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of sub rule 19.14.12.1. If a matter is dismissed, the Chairperson must send a copy of the ruling to all the Parties.

19.14.13  Conduct of Witness(es)

19.14.13.1  A witness notified and/or subpoenaed to attend a hearing of the Committee, who fails to attend or to remain in attendance at such hearing until excused by the Committee, shall be guilty of misconduct.

19.14.13.2  If any witness, after being subpoenaed, present at the hearing is required to give evidence at such hearing and refuses to answer any question(s) put to him or her, or refuses or fails to produce any book, paper or document required to be produced by him or her, the Committee may in summary manner enquire into such refusal or failure, and unless the person refusing or failing has a just excuse for the refusal or failure, shall impose a fine not exceeding R 15 000,00 (fifteen thousand rands) over and above any sentence it deems appropriate in accordance with the Constitution and these rules.

19.14.13.3  No party other than the Referring party, its representative, the Respondent or a person called as a witness to appear before the Committee shall be entitled to attend a hearing, except with the permission of the Committee.

 19.14.14  Compliance with penalties imposed by the Committee

Any penalties, orders or awards imposed by the Committee shall become effective immediately, subject to any appeal process available to such party, in which case, in which

case the effective date shall be suspended pending the lapse of the prescribed time limit to exercise the next available internal remedy.

19.15         Appeal

19.15.1            Any party aggrieved by a decision of the Committee may refer the matter back to the Committee for Appeal.

19.15.2            Any party aggrieved by the decision of the Appeals Committee, may appeal to the SAEF provided the leave of the Appeals committee is first sought and obtained within a period of 21 (twenty-one) days.

19.15.3            The Appeals committee shall grant the necessary discretionary leave if the matter is of great importance to the parties concerned and the referral sought is not judged frivolous or vexatious.

ARTICLE 20:    EMERGENCY EVACUATION PROCEDURES AT SANESA SHOWS

20.1 The organising committee of every SANESA show shall ensure that all of the necessary and applicable safety precautions are in place at the venue and comply with the requirements of the prevailing legislation and regulations, which must include at the minimum an Emergency Evacuation Plan and procedures for the venue in respect of any potential disaster or threat to public safety.