(as accepted at a General Meeting of the four
KUSA affiliated Boxer Clubs, held on 28 August 2004 in Bloemfontein,
revised at a Meeting of SABOX held on 26 February 2005 in Cape
Town and approved by the Kennel Union of Southern Africa in February
2006.)
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1 Name
The name of the Council shall be the South African Boxer Breed
Council hereinafter referred to as “SABOX”.
2 Area of Operation and Jurisdiction
SABOX, established in terms of Article 20.4 of the Constitution
of KUSA as a Breed Council, shall operate in and with jurisdiction
over the KUSA area as defined in the said Constitution, under
the provisions of this Constitution and under such additional
powers as may be delegated to it from time to time by the Federal
Council in relation to every Boxer Breed Club affiliated to KUSA.
SABOX, in the implementation of its delegated powers, will not
encroach upon policy matters specially reserved for the Federal
Council and/or specially delegated to its Provincial Councils;
nor will membership of SABOX detract in any way from the inalienable
rights of Member Clubs or their obligations in terms of their
affiliation to KUSA and the dictates of their respective Club
Constitutions, but will devote itself entirely to the betterment
of the Boxer breed.
In terms of Article 20.4 of the Constitution of KUSA, the Federal
Council may revoke at any time any or all of the powers granted
to SABOX.
3 Interpretation of Terms
Throughout this Constitution and in any Regulations framed thereunder,
words importing the singular shall include the plural; words importing
the masculine gender shall include the feminine and neuter genders
and vice versa, unless such interpretation is inconsistent with
the context hereof. Unless in conflict with the context of the
clause, the terms, conditions and interpretation of the KUSA Constitution
shall prevail.
“Boxer Club” shall mean any Boxer Specialist Club,
the objects of which include the welfare of, interest in, breeding
and importation of purebred Boxers, as distinct from a Training
Club, whose main object is the training of dogs of any ancestry,
not eligible for entry into the Breed Registers. Such Club shall
be affiliated to KUSA and carry on its activities within the area
of jurisdiction of SABOX and should be active and acknowledged
as such in the breed concerned.
“Dog” shall mean a Boxer.
“Dog Show” shall mean any exhibition or show of dogs
defined in and recognised by the Constitution of KUSA, i.e.
“Championship Show” shall mean a dog show at which
KUSA permits its challenge certificates to be awarded and may
include any other certificates applicable to the Boxer Breed.
“Non-Championship Show” shall mean an open show,
limited show and match meeting.
“Specialist Show” shall mean a dog show at which
KUSA permits certificates, which may apply to the Boxer breed,
to be awarded.
“Federal Council” shall mean the Federal Council
of KUSA.
“KUSA” shall mean the Kennel Union of Southern Africa.
“Member” shall mean a Representative of a Member
Club of SABOX.
“Member Club” shall mean a Club, which has been admitted
to membership of SABOX.
“Representative” shall mean a nominee appointed by
a Member Club, in terms of Clause 15.1 and 15.3.3 of this Constitution.
“Secretary” shall mean the Secretary of SABOX.
4 Objects
The objects of SABOX shall be as follows:
4.1 To assist, supervise and promote the breeding and training
of Boxers and to advise on the well being of and the interest
in the breed and to encourage participation in sporting activities
for the breed.
4.2 To provide a single body representative of all Boxer Clubs
carrying on their activities within the area under its jurisdiction,
where such channel of communication is necessary and convenient
in terms of this Constitution.
4.3 To provide the means of closer co-operation and liaison between
all member Clubs and to promote a better understanding and knowledge
of dogs and dog affairs among Club members and people interested
in dogs.
4.4 To organise competitions and encourage a spirit of companionship
amongst all participants
4.5 To observe and adhere to the Breed Standard adopted by KUSA
for the Boxer breed.
4.6 To promote the participation and qualification of Boxers
in working tests and trials recognised by KUSA and to thereby
preserve, consolidate and strengthen the inherent working qualities
of the breed. These tests shall those as defined in the Kennel
Union Constitution and Schedules.
4.7 To promote the Aptitude Testing of Boxers in order to gauge
their working potential.
4.8 To promote the training of Breed and Working Test Judges,
as well as Helpers for working tests.
4.9 To promote the identification of dogs and the issue of KUSA
certificates of registration and transfer and to direct breeders
to encourage owners to register transfer of registered ownership
on the acquisition of a dog.
4.10 To identify criteria for the KUSA Advanced Registration
Certificate (ARC) for Boxers and to promote the acceptance of
the same.
4.11 To make recommendations on any matters concerning breeding,
Breed Surveys/Assessments, show organisation and working tests.
4.12 To strive towards obtaining proof of Boxers whose hips and
hearts have been examined and rated by the Department of Radiology,
Faculty of Veterinary Science, University of Pretoria or another
specialist body acceptable to the Federal Council and to compile,
publish and distribute a list of such Boxers at quarterly intervals.
4.13 To publish an informative magazine, including promotional
material, information on scientific research and advice relative
to disease, breeding, rearing and keeping of Boxers and information
regarding procedures and policies on these matters.
4.14 To promote the correct public image of the Boxer, with particular
emphasis upon the younger generation, who will be the breeders,
trainers and exhibitors of the future.
4.15 To provide a channel of communication to the Federal Council
for member clubs and between the respective Member Clubs and KUSA.
Without limiting the generality thereof, this object shall be
attained by SABOX, assisting and representing Member Clubs in
their collective dealings and communications with KUSA, when such
a single channel of communication is deemed necessary or convenient.
4.16 To assist and represent the Federal Council in its dealings
and communications with Member Clubs and to perform such other
functions as may be delegated to it from time to time by the Federal
Council.
4.17 To act as an intermediary between Member Clubs and any private
body, whether the same shall be corporate or unincorporated, a
charitable organisation, an association of persons or an individual
and in connection therewith to fulfil the function of the authorised
representative and official spokesman for Member Clubs, in all
their collective dealings and communications, with such body.
4.18 To observe, promote, support and uphold, in all its activities,
the principles of KUSA and to suppress and abolish any forms of
dishonesty in canine affairs.
4.19 To endorse the applicability, observance, force and effect
of the Constitution of KUSA and any schedule thereto.
4.20 To consider any proposed alterations and amendments to this
Constitution and any schedule thereto.
4.21 To provide KUSA with Audited Financial figures for all annual
transactions by 15th October of each year.
5 Activities of Member Clubs
To meet the objects of and hold membership of SABOX, Member Clubs
shall:
5.1 Accept the Constitution of SABOX.
5.2 Hold Dog Breed Shows in terms of the KUSA Constitution and/or
hold Breed Surveys/Assessments for Boxers and/or Working Tests
recognised by KUSA and SABOX.
5.3 Provide information on the breeding, rearing and training
of Boxers.
5.4 Encourage the exchange of mutual experiences amongst members,
the fostering of friendly relations between members and the building
a good Club spirit.
5.5 Promote the Boxer.
6 Powers
SABOX shall be empowered to:
6.1 Adopt all such consultative and executive powers granted
to it and without derogating from the generality thereof, shall:
6.1.1 Make reports and recommendations to the Federal Council,
wherever a Member Club has allowed or permitted disregard of KUSA’s
Constitution or any Schedule thereto or failed to observe the
provisions thereof.
6.1.2 At the request of Federal Council, nominate from its Members,
such persons as to constitute special committees, whenever any
such committee is established by the Federal Council in terms
of Article 19 of the KUSA Constitution.
6.1.3 Appoint Sub-Committees, when such appointment is considered
necessary and desirable to deal specifically with:
a) Breed matters
b) Working Test matters
c) Training of Specialist Breed Judges
d) Publications and public relations
e) Scientific research
f) Financial
g) and other such matters, which may be considered necessary
and conveniently allocated to a sub-committee, which may assume
more than one function if required.
Sub-committees shall report to SABOX with copies of all Minutes
of meetings held.
6.1.4 Exercise all executive powers granted to it by the Federal
Council of the KUSA in relation to all Member Clubs.
6.2 Institute enquiry into and investigation and demonstration
of any matters, relating to any of its objects.
6.3 Supervise the investment of surplus funds, not immediately
required for administrative expenses, in any registered financial
institution, as agreed by SABOX and in the name of SABOX and to
operate such accounts as may be deemed necessary and permit withdrawals
on the signatures of any two of the Chairman, Vice-Chairman, or
nominated members of the SABOX.
6.4 Keep such books and records as may be necessary or convenient,
subject to all such books and records being made available to
its members at all reasonable times and to the KUSA.
6.5 Do all such other things as are incidental or conducive to
the attainment of SABOX objects or any of them.
7 Official Address
7.1 SABOX’s domicile shall normally coincide with the domicile
of its administrative headquarters, as advised to KUSA and to
Member Clubs and to which all official notices and communications
of every sort shall be addressed and delivered.
7.2 All communications sent by the Secretary to Member Clubs,
Representatives, office bearers, members of affiliated clubs and
the public shall be deemed to have been received within 10 days
when proof of dispatch by e-mail and/or any method of delivery
where the consignee has to sign acknowledging receipt of the document,
letter, package or parcel and shall include Recorded Delivery,
Speed Services, Priority Mail, Certified Mail is presented by
SABOX.
8 Membership
Subject to the method of representation set out in Articles 9
& 15 hereof, membership of SABOX shall be open to:
8.1 Every Boxer Club, carrying on its activities in the KUSA
area of jurisdiction, provided it is affiliated to the KUSA and
for as long as it remains affiliated.
8.2 Whenever a new Boxer Club is affiliated to KUSA, its membership
of SABOX shall commence from the date that its affiliation has
been accepted by the Federal Council of KUSA, in terms of Article
8 of the KUSA Constitution and no other formality shall be required
to obtain and retain membership other than that its committee
at all times shall comprise of members 80% of which are past or
present Boxer owners.
9 Voting Powers
Each Member Club shall have a maximum of three votes at any meeting
of SABOX. In addition to a maximum of two Breed Representatives,
each Member Club shall be entitled to nominate one Working Representative
with full voting powers. The Working Representative must have
qualified at least one Boxer in any of the disciplines listed
in 4.6 and 4.7. A Member Club may however exercise its voting
power through as few as a single Representative, provided the
above stipulation regarding a working qualification is complied
with if the Working Representative is to exercise the club’s
vote. No Representative shall vote on behalf of more than one
Member Club.
10 Trustee and Property of SABOX
10.1 SABOX is a sub-committee of KUSA and the Trustee of KUSA,
subject to being authorised thereto by the KUSA Federal Council,
shall have full power to institute and defend all legal proceedings
instituted by or against SABOX and for such purposes shall be
empowered to sign Powers of Attorney and any other legal documents
on behalf of KUSA and SABOX.
10.2 All movable and immovable property belonging to SABOX shall
not form part of the personal estates of the office bearers or
members of SABOX or any of its Member Clubs and shall be registered
in the name of SABOX. All such movable and immovable property
shall be applied and disposed of for the benefit of SABOX and
its objects in such manner as the Federal Council shall direct.
11 Liability
SABOX is not formed for the purpose of carrying on any business
or enterprise that has as its object the acquisition of individual
gain by its Member Clubs and/or their Representatives.
11.1 Notwithstanding SABOX’s establishment relative to
the Articles of the Constitution of KUSA and notwithstanding those
duties, functions and activities carried out by SABOX, pursuant
to powers delegated by the Federal Council, the KUSA shall not
be liable for any debts of whatsoever nature incurred by SABOX,
unless SABOX acted in accordance with prior written directions
given or decisions made by the Federal Council.. In no circumstances
and on no occasions whatsoever, will the Federal Council and/or
KUSA be liable for any act or omission of SABOX and SABOX shall
not have the power to bind the Federal Council or KUSA, for any
financial consequences of SABOX’s decisions, duties, functions
and activities, nothing whatsoever excepted.
12 Indemnity
All office bearers and members of SABOX shall be indemnified by
KUSA, in respect of any personal liability incurred while acting
on behalf of KUSA or SABOX, provided they acted in accordance
with the directions given or decisions made from time to time
by resolution of the Federal Council.
13 Financial Year and Funding
13.1 SABOX financial year shall commence on the 1st of September
and expire on the 31st of August each year.
13.2 SABOX shall be funded by means of a levy added to the registration
fee of all Boxers registered by KUSA. The amount of the levy shall
be mutually agreed upon by SABOX and KUSA from time to time. The
funds collected in this way shall be administered by KUSA on behalf
of SABOX.
13.3 In addition to the above the Federal Council may undertake
to finance specific actions or activities of SABOX, but shall
be under no obligation to do so.
14 Audited Financial Statement
SABOX shall submit its books of account and financial records
for annual audit to the auditor appointed in terms of Article
15.3.4 not later than the 30th of September of each year and shall
forward to KUSA one copy of its audited accounts of income and
expenditure and SABOX’s balance sheet, before the 31st of
December of each year.
15 Organisation
15.1 Membership:
The membership of SABOX shall comprise of Member Clubs and such
membership shall ipso facto constitute acceptance of this Constitution
of SABOX and any Rules and/or By Laws framed thereunder. The members
of Member Clubs shall be represented on SABOX via their nominated
Representatives and as such shall have a say in the running of
the affairs of SABOX.
15.2 Termination:
If a Club fails to operate in the best interests of the Boxer
breed or SABOX, SABOX is empowered to recommend to the Federal
Council that its membership be terminated.
15.3 South African Boxer Breed Council:
15.3.1 SABOX shall consist of a maximum of two Breed Representatives
and one Working Representative nominated by each Member Club and
a minimum of one Representative nominated by each Member Club.
Each Member Club may also nominate one alternate to each Representative.
A Member Club may exercise its voting power through as few as
a single Representative.
15.3.2 Representatives shall be fully paid-up members of the
Member Club and accreditation in writing shall be given by the
Club so represented. A person may not represent more than one
Club on SABOX.
15.3.3 At the first meeting held by SABOX in each financial year,
all Representatives shall present their credentials and satisfy
the meeting of their appointment thereto and thereafter the Member
Club or Member Clubs concerned shall authenticate any change of
Representative. Every Representative shall notify the Secretary
of an address, to which all notices intended for the Club represented
by him, shall be sent. All Representatives shall have competence
and be entitled to participate in all the business of SABOX in
every way.
15.3.4 At the first meeting held by SABOX in each financial year
an Auditor/s shall be appointed who may not be a member or close
relative of any member of SABOX, but shall hold adequate experience
to discharge his duties.
15.3.5 All the business and affairs of SABOX shall be managed
and controlled by the Representatives of its Member Clubs, who
shall have full power and authority to carry on all or any of
the objects and to exercise all or any of the powers set forth
in these Articles.
15.3.6 At the first meeting held by SABOX in each alternate financial
year, the members of SABOX shall from their number elect a Chairman
and a Vice Chairman who shall hold office for two years, always
provided that in the event of either office bearer being unable
to continue to act in such capacity during the course of his term
of office, members of SABOX may elect from their number a replacement.
15.3.7 SABOX shall appoint a Secretary of SABOX who need not
be a Representative and the Secretary shall hold appointment for
such period of time as SABOX may decide. In addition to a Secretary,
SABOX may appoint a Treasurer who need not be a Representative
and the Treasurer shall hold appointment for such a period of
time as SABOX may decide.
15.3.8 In addition to but without derogating from its general
authority, SABOX may:
a) Frame regulations or by-laws for the better conduct of its
functions, subject to approval by the Federal Council.
b) Determine what proportion of its funds shall be invested and
shall nominate signatories, who shall not be related to or domiciled
with each other, to operate upon all accounts owned by SABOX.
c) Determine what salary, (if any) shall be paid to its Secretary
or Treasurer and the nature and extent of his duties.
d) Recommend to the Federal Council that a Member Club be disaffiliated
in terms of Article 9 1.5 of the Constitution of KUSA, whenever
it appears that such club has carried on its activities, or one
or some of them, contrary to the terms or spirit of the KUSA Constitution
or any Schedule made thereunder, or has manifested contempt for
or indifference to the said Constitution or Schedule, or has behaved
or supported any behaviour which undermines or tends to undermine
the objects of SABOX and KUSA and the authority thereof.
e) Perform all acts and deeds and do all things, which are consistent
with this Constitution.
15.4 Persons ineligible for serving on SABOX:
No person shall be eligible for election or appointment to SABOX
or any of its Committees if he:
15.4.1 sustains a suspension or disqualification imposed under
Schedule 1 (Disciplinary Rules) or any judgement given against
him under Schedule 9 (Code of Ethics) of the KUSA Constitution.
15.4.2 is convicted of any criminal offence and sentenced to
imprisonment without the option of a fine or convicted of any
offence relating to cruelty towards or neglect of an animal.
15.4.3 is employed by KUSA.
15.4.4 is declared insolvent or bankrupt.
16 Meetings
SABOX shall hold not less than one (1) meeting before the end
of October each year and may thereafter meet as often as its members
deem necessary or convenient. Meetings shall only be held when
the business, elections or constitutional matters to be attended
to justify such a meeting. Where possible, all matters shall be
dealt with by correspondence. A meeting of SABOX must be held
when more than half of Member Clubs submit a written request to
the Secretary. All meetings shall be held at a suitable venue
upon such day and at such hour as the majority may decide. The
Chairman of SABOX shall be Chairman of all meetings but whenever
he is not present, the Vice Chairman shall preside. The Chairman
is entitled to attend, ex officio, any meeting of any Committee
and Sub-committee and should be informed of all meetings. The
Chairman of the Federal Council is entitled to attend, ex officio,
any meeting of SABOX or any Committee or Sub-Committee, should
be informed of all meetings and may participate in the discussions
thereat but shall not be entitled to vote.
16.1 Quorum: The quorum at any meeting of SABOX shall equal 50%
of the number of the Member Clubs plus one. The quorum shall include
the Chairman or the Vice Chairman of SABOX.
16.2 Notice of Meetings: Notwithstanding any prior arrangements
relating to the date of the next SABOX meeting, the Secretary
shall send written notice by pre-paid post or e-mail to each Representative
at the Member Club’s address, notified in terms of Article
15.3.3 hereof, giving all members not less than forty two (42)
days notice of every meeting, specifying the date, time and venue
thereof and with every such notice shall be sent a copy of the
Agenda of business to be dealt with. One copy of such notice and
agenda shall also be sent to the Chairman of the Federal Council
and the Secretary of KUSA. In the case of urgent matters the period
of notice for meetings shall not less than twenty one (21) days.
16.3 Voting:
16.3.1 Every representative of a Member Club, as a member of
SABOX shall be entitled to abstain from voting, or to exercise
his right to vote.
16.3.2 In addition to his deliberate vote, the Chairman of every
meeting shall be entitled to exercise a single casting vote in
the event of the total votes cast being equally divided between
those in favour of the motion and those against such motion.
16.3.3 Voting shall be by a show of hands unless the Chairman
otherwise directs. Any abstentions and the number of votes cast
for and against a motion shall be recorded by the Secretary. If
the total votes cast are equally divided the Secretary shall record
the determination of the Chairman’s casting vote, if so
exercised.
16.3.4 Voting upon all motions shall first require a proposer
and a seconder, in the absence of which the motion shall fail.
A simple majority of votes cast shall decide any question put
to the vote at any meeting of SABOX, save and except for constitutional
amendments, when a two-thirds majority of votes cast shall be
required for a motion to be carried.
16.4 Minutes of Meetings:
16.4.1 Minutes of every SABOX meeting shall be recorded by the
Secretary or in his absence by some suitable person appointed
by SABOX to act as Secretary for that meeting.
16.4.2 SABOX shall send copies of the minutes of all meetings
including minutes of matters dealt with by Sub-Committees to the
Secretary of KUSA.
16.4.3 Copies of such Minutes shall be dispatched to Members,
to each Member Club and to KUSA, not later than seven (7) days
after the meeting, notwithstanding that such Minutes are unconfirmed
and open to correction before adoption at the next SABOX meeting.
16.4.4 After confirmation and adoption of Minutes, the Secretary
shall immediately send to KUSA and to each Member Club copies
of any corrections to such Minutes previously dispatched in terms
of paragraph 16.4.2 and 16.4.3 hereof. Alternatively, he shall
send written confirmation that such minutes were confirmed and
adopted without correction. In the event of a resolution of SABOX
being required as evidence for any purpose whatsoever, a copy
thereof, signed by the Chairman and the Secretary, shall be accepted
as conclusive proof of the contents thereof.
17 Amendment of the Constitution
Constitution and all the Articles thereof may be repealed, substituted,
amended or added to at any meeting of SABOX, provided that any
member desiring to move such amendment shall notify the Chairman
or Secretary in writing, giving a draft text of the proposal,
which shall be included in the Agenda for the meeting at which
such proposal will be moved. A two-thirds majority of votes cast
at such a meeting shall be required to amend the Constitution
and any such amendment, if approved by SABOX, shall not become
of any force or effect until it has received the written approval
of the Federal Council.
18 Copy of the Constitution
A copy of the Constitution of SABOX, certified correct by the
Chairman and the Secretary, may be accepted as evidence for any
purpose whatsoever and in all legal proceedings, in or out of
court.
19 Autonomy of Member Clubs
Notwithstanding anything to the contrary here-in-before stated,
Club membership of SABOX shall not derogate from such Member Club’s
autonomy as a Club affiliated to KUSA, save and except in those
cases where SABOX acts in terms of a specified power delegated
to it by the Federal Council of KUSA.
20 Dissolution of SABOX
20.1 Any proposal to dissolve SABOX shall only be considered at
a Special General Meeting of SABOX convened for the purpose, and
then only in terms of this section.
20.2 No proposal to dissolve SABOX shall be considered unless
at the time of such proposal there are present not less than two-thirds
of all the Representatives of SABOX at the time of such proposals,
nominated in accordance with Articles 9 and 15.3.1 and accredited
in accordance with Article 15.3.3 above and of whom not less than
three-quarters vote in favour of such proposal. Should the meeting
referred to in this clause have insufficient representatives present
to form a quorum then the Federal Council has the power at any
time to instruct SABOX to suspend its activities and hand over
all the assets under its control to KUSA for safekeeping until
such time as SABOX is able to arrange a meeting with sufficient
members to form a quorum. Should such a meeting not be convened
by SABOX within two years of the meeting at which the quorum was
not present, then SABOX shall be deemed to be dissolved and its
assets shall be forfeited to KUSA.
20.3 Immediately a decision to dissolve SABOX has been taken
in terms of this section, the members shall forthwith liquidate
the affairs of SABOX and if there is any surplus of assets on
realisation, such surplus shall revert to KUSA.
21 Effective Date of Constitution
This document becomes effective/official only after it is signed
by representatives of both parties.
June 2005