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CONSTITUTION
OF THE
NAMIBIAN CHESS FEDERATION

 Article No                                            Index                                                               

 1                                                                                       Definitions

 2                                                                                            Name

 3                                                                                            Legal Personality

 4                                                                                            The Federation

 5                                                                                            Election Procedure for Executive Committee

 6                                                                                            Executive Committee

 7                                                                                            National Council

 8                                                                                            National Council (Powers & Duties)

 9                                                                                            Vacation of Office

 10                                                                                        Filing of Vacancies

 11                                                                                        Funds

 12                                                                                        Meetings

       13                                                                                        Agenda

 14                                                                                        Interpretation of Constitution and Rules and Obscurities

       15                                                                                        Appeals

 16                                                                                        Amendment of Constitution

       17                                                                                        Dissolution of the Federation

1.         DEFINITIONS

In this constitution, unless the context otherwise indicates:

“Active chess player” is someone on the rating list and composed according to the provisions of clause 6(v).

“Club” shall mean a bona fide chess club or school each with at least six active chess players as members.

“Executive Committee” means the committee appointed in terms of clause 5 and composed according to the provisions of clause 6.

“National Council” means the council as appointed in terms of clause 7 and composed according to the provisions of clause 8.

“President” shall mean the president as appointed in terms of clause 5 and composed according to the provisions of clause 6(e).

“Vice-President” shall mean the Vice-president as appointed in terms of clause 5 and composed according to the provisions of clause 6(f).

“Secretary” shall mean the secretary of the Federation elected I terms of clause 5 and composed according to the provisions of clause 6(g).

“Councillor” shall mean the representative of a member club as appointed in terms of clause 7 and composed according to the provisions of clause 8. 

2.         NAME

The name of the chess federation shall be the NAMIBIAN CHESS FEDERATION.

3.         LEGAL PERSONALITY

The Namibian Chess Federation shall be a body corporate and –

a)                  shall exist independently of its members,

b)                  shall be capable of owing property in its own name,

c)                  shall be capable of contracting legal acts in its own name and stead,

d)                  shall be capable of suing and being sued in its own name and stead.

4.         THE FEDERATION

a)                  The Namibian Chess Federation is an association established for the purpose of promoting, controlling and organizing chess activities in Namibia on a national basis.

b)                  The federation shall be composed of:

i)                    chess clubs holding membership of the federation. Each such club being recorded in the schedule A attached hereto;

ii)                   new clubs admitted to membership from time to time; each consisting of at least six paid up active chess players.

c)                  The affairs of the federation shall be administered by:

i)                    an executive committee consisting of a president, a vice-president, a secretary and a treasurer.

ii)                   a national council consisting of one appointed member of each member club and the executive committee.

d)                  Each member club shall be entitled to submit nominations for office bearers. (Such nominations must be made in writing, and contain a certificate to the effect that the parties nominated are willing to serve.)

e)                  The elected office bearers shall hold office for the ensuing two years but shall be eligible for re-election any number of times.

f)                    In order to maintain continuity, at least two (2) members of the outgoing executive committee must be office bearers of an incoming executive committee.

5. ELECTION PROCEDURE FOR EXECUTIVE COMMITTEE

a)      Each member club has one vote.

b)      Election of the president, vice-president, secretary and treasurer shall be by secret ballot.

c)      In the event of there being more than two nominations for any such office, any nominee receiving an absolute majority of those present and voting (abstentions not being taken into account) shall be declared elected.

d)      If no candidate receives an absolute majority, then the candidate who receives the smallest number of votes shall be eliminated on the first ballot or ballots until either one candidate obtains an absolute majority of votes, in which event he shall be declared elected.

e)      The election of the incoming president shall be presided over by the outgoing president or, in his absence the vice-President, or should he himself be a candidate, an acting chairman who is not a candidate elected from the councillors present. He shall be assisted in the counting of the ballots by two scrutinees appointed by the meeting.

f)        In the event of an equality of votes for two candidates for the office of the president, the meeting shall immediately be adjourned for fifteen minutes, after which it shall be reconvened and there shall be a further ballot. If there is still an equality of votes, the issue shall be decided as follows:

i)        If one of the candidates has previously served on the executive, the office of the president shall devolve upon him.

ii)       If both candidates have previously served on the executive, the office of the president shall devolve upon the more senior of the two in terms of years of service on the executive.

iii)     If both candidates have previously served on the executive for an equal period of time or if neither of the candidates has previously served on the executive, the matter shall be decided by the drawing of lots.

g)      The incoming president shall preside over the election for any other post.

6. EXECUTIVE COMMITTEE

a)      The executive committee shall consist of the president, the vice-president, the secretary and a treasurer. The executive committee shall have the power to co-opt a maximum of two (2) additional members.

b)      Meetings of the executive committee shall be held, at the president’s direction, at least twice a year.

c)      At such meetings, the majority of members shall form a quorum.

d)      The executive committee shall:

i)                    conduct the current affairs of the federation;

ii)                   deal with matters referred to it by the council;

iii)                 investigate and prepare matters for discussion by the council;

iv)                 act in any matter of urgency when the normal procedures could in its opinion involve an unacceptable delay.

v)                  Arrange for the maintenance of a national rating system and publication of the ratings at least once each year;

vi)                 May – if deemed fit – propagate an honorary life member and/or patron.

e)      The duties of the president shall be:

i)         To act as chairman at all meetings.

i)                    To represent the federation in public affairs.

ii)                   To prepare the annual report

f)        The duties of the vice-president shall be:

i)        to understudy the president in all his duties

ii)       to take over as president if the president resigns or is otherwise unable to carry out his duties.

g)      The duties of the secretary shall be:

i)                    to perform the clerical work of the council and the executive committee and to carry out the directions given at meetings of those bodies;

ii)                   to keep in custody all the federation’s available records;

iii)                 to keep minutes of council and executive committee meetings and to send copies of such minutes to the president, the vice-president and the councillors.

iv)                 To open and maintain the register of member clubs and their registered members.

v)                  Prepare newsletters containing council decisions and important current chess news and circulate these amongst the councillors.

h)      The duties of the treasurer shall be:

i)                    to receive and deposit all funds to the credit of the federation’s banking account;

ii)                   to keep a record of the federation’s receipts and expenditure and to have the accounts audited;

iii)                 to report on the federation’s financial position when called upon to do

so.

7. NATIONAL COUNCIL

a)      The national council shall consist of the executive committee and one representative of a member club, called councillor.

b)      New appointments to the national council will be according to the provisions of clause 8(viii).

8. NATIONAL COUNCIL – Powers and duties:

i)        To fix the conditions and fees for membership of the federation

ii)       To arrange such national and international chess events as it may see fit.

iii)     To select players and officials and officials for national and international events whether inside or outside Namibia. This done in rating sequence using the rating systems see clause 6(d)(v) and with preference to Namibian citizens and their availability.

iv)     To appoint individuals for special tasks such as liaison with government authorities.

v)      To liaise and make arrangements with foreign and international chess authorities.

vi)     To raise, invest and administer funds for the federation’s purposes.

vii)   To hear and decide, within its jurisdiction, any dispute referred to it.

viii)To admit new clubs, consisting of at least six active chess players, to the federation.

c)      The council shall hold at least two ordinary meetings each year.

d)      The venues and dates for council meetings shall be determined by the executive committee provided that the councillors shall be given at least fourteen days notice of such a meeting.

e)      At meetings, the president, or, in his absence, the vice-president shall act as chairman.

f)        The chairman and the councillors shall each have one vote.

9. VACATION OF OFFICE

a) A member of the executive shall vacate his/her office –

i)        upon the expiration of his/her term of office;

ii)       if he/she resigns;

iii)     if he/she is absent from two (2) consecutive meetings of the executive without leave for such absence;

iv)     if he/she is removed from office by the executive on the grounds that the executive, after proper investigation (including the hearing of both sides) is of the opinion that it is not to the benefit of the council that he/she remains in office.

b) A councillor shall vacate his/her office –

i) at any time when the club he/she represents forfeits its membership by  

failing to register on a yearly basis, with the federation the minimum number

of six active chess players.

ii) If he/she is removed from office by the executive on the ground that the

executive, after proper investigation (including the hearing of both sides) is of

the opinion that it is not to the benefit of the council that he/she remains in

office.

10.       FILLING OF VACANCIES

A casual vacancy in the executive shall be filled by the executive committee co-opting of a competent person for the unexpired portion of the term of office of the person who has vacated his/her office. If the unexpired portion is however longer than six months then clause 5 “Election Procedure for Executive Committee” will be called for.

11.       FUNDS

a)      The funds of the federation and all monies received shall be invested in the name of the federation in such a way as the council shall determine.

b)      No amounts shall be withdrawn except on an order signed by any two members of the executive committee one of whom shall be the president or the vice-president and all accounts shall be submitted to the committee for approval before payment.

c)      The funds of the federation shall not be used to defray personal expenses, e.g. transport incurred by office bearers unless specially authorised by the council.

d)      Under no circumstances shall membership fees and other contributions made to the federation’s funds be refunded.

12.       MEETINGS

a)      Annual general meeting:

i)        The annual general meeting shall be held once each year on a date and at a place to be determined by the executive committee.

ii)   The secretary shall give all members at least thirty days notice of the date, place and agenda for the meeting.

iii) Each member club shall be entitled to be represented at the meeting by one or two

delegates or proxy.

     iv)   Each member club shall have one vote.

v)  The representatives of a majority of the member clubs having the right to vote shall form a quorum.

b)      Meetings of the executive committee.

i) refer to clause 6.

c) Ordinary meeting of the national council

i) refer to clause

d) Special general meetings as in clause 16.

i) at least thirty days notice of the date, place and agenda for the meeting shall be given to the member clubs.

13.       AGENDA

Business at the annual general meeting shall be dealt with as follows:

i)          welcome, reception and scrutiny of credentials of councillors or their proxies;

ii)         approval of the minutes of the previous meetings;

iii)         matters arising from minutes;

iv)        to consider and adopt the reports of the president, the secretary and the treasurer;

v)         to elect the executive committee for the ensuing term;

vi)        discussion of recommendations and proposals submitted by the executive committee

vii)        discussion of motions and proposals submitted by the councillors

viii)       to discuss and review general matters of policy;

ix)        appointment of auditors;

14.       INTERPRETATION OF CONSTITUTION AND RULES AND OBSCURITIES

In any event of doubt or vagueness with regard to the interpretation of any provision of this constitution or not provided for in this constitution, the matter shall be submitted to the executive committee for investigation and decision.

15.       APPEALS

Any member who is aggrieved at or disagrees with any decision of or act by the executive, may appeal against such decision.

16.       AMENDMENT OF CONSTITUTION

No provision of this constitution shall be altered except by resolution carried by a two-thirds majority vote at an annual general meeting or special general  meeting called for the purpose.

17.       DISSOLUTION OF THE FEDERATION

If the federation resolves, by the procedure laid down in section 6, to wind up its organisation, its funds shall be applied to the promotion of chess in Namibia in such a way as it may deem fit.