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Club Constitution & Rules

Read more about our club constitution and rules.
MERCEDES-BENZ CLUB OF SOUTH AFRICA

1.         NAME

The name of the Club shall be MERCEDES-BENZ CLUB OF SOUTH AFRICA/ MERCEDES-BENZ KLUB VAN SUID-AFRIKA (hereinafter referred to as the CLUB).

 

2.         COLOURS

2.1        The official colours of the Club shall be as is determined by the Mercedes-Benz Museum in Stuttgart.

2.2        The blazer, tie, letterheads, car badge decals, Club trophy and badges shall be in the form of the specimens as held by the Club and which have been approved by Mercedes-Benz AG of Stuttgart, Federal Republic of Germany.

 

3.         AIMS AND OBJECTIVES

The aims and objectives of the Club are as follows:

3.1        The Club is bound by the provisions of the Trade Mark Agreement made and entered into by and between MERCEDES-BENZ AKTIENGESELLSCHAFT and the Club;

3,2        To promote and encourage the preservation, restoration and enjoyment of all Mercedes-Benz vehicles;

3.3        To advise, co-operate and negotiate and maintain cordial relations with anybody controlling motor sport, whether in South Africa or outside its borders;

3.4        To act on behalf of its members in making representations to government, provincial, municipal and other authorities, organisations, official bodies or persons, both local and foreign in order to gain official recognition, special concessions and other benefits for members.

3.5        To promote the sport and pastime of motoring in all aspects and to encourage members to organise and hold all kinds of driving tests, competitions, reliability trials, speed trials, hill climbs, runs, excursions, displays and other events for motor vehicles;

3.6        To assist members as far as possible, to obtain suitable insurance at competitive rates and policy conditions;

3.7        To investigate and promote any activities that may further the aims and objectives of the Club and/or enhance the benefits of membership thereof; and

3.8        To broaden the scope of activities of the Club and to involve and interest members’ families and also members who are less technically orientated;

3.9        To make contact and build good relationships with other Mercedes-Benz Clubs worldwide.

 

4.         MEMBERSHIP

4.1        Membership shall be open to all enthusiasts of Mercedes-Benz cars as well as honorary members, and special members as determined by the committee.

4.2        All members shall be subject to the rules and regulations of the Club.

4.3        The number of members shall be governed by the committee.

4.4        Each candidate for membership may be proposed and seconded by a member with full voting rights. Every application for membership shall be made upon the form prescribed by the Club.

4.5        Any applicant who was previously or is presently a member of any other motor club may be called upon by the committee to produce a clearance certificate from the said club before being accepted as a member.

4.6        Entry fees and first subscription shall be paid upon nomination of a candidate and will be refunded should the candidate not be accepted.

4.7        A register of members shall be kept containing the following information:

4.7.1     Member’s full names;

4.7.2     Address and telephone numbers;

4.7.3     Date of birth;

4.7.4     Details of the vehicle, namely: type, model, year of manufacture.

 

4.8        HONORAY MEMBERSHIP

4.8.1     The Committee may, with the approval of the Electorate, bestow an Honorary Membership on a club member who has rendered exceptional service in the interest of the Club, or to an esteemed individual of good standing whose association with the Club is beneficial to the Club.

4.8.2     This most distinguished and esteemed award is presented on merit and in exceptional cases only. It affords the recipient life-long club membership with full benefits at no personal expense.

4.8.3     Procedure: The Committee proposes a candidate at an Annual General Meeting and, on approval, presents the nominee with the award. The criteria for the consideration of this award should include the following:

4.8.3.1  The candidate should be of good standing and impeccable conduct.

4.8.3.2  He/she should render continuous and meritorious service to the Club or to the Mercedes-Benz marque, through dedication and loyalty.

4.8.3.3.He/she should promote the aims and objectives of the Club.

4.8.3.4  The contribution considered here, as is the case with the award, has long term perspective.

4.8.4     Presentation: The presentation of this award should promote the prestigious nature thereof. The presentation of a certificate with seal and gold, blazer badge with laurel and scroll should be presented to the recipient at a formal and prestigious occasion.

 

4.9        SPECIAL MEMBERSHIP

4.9.1     The Committee may, with the approval of the Electorate at an Annual General Meeting, bestow a Special Membership on an individual who renders a service in support of the Club’s short-term aims and objectives.

4.9.2     This award is granted annually and for a period of one year only.

4.9.3     The recipient is entitled to free club membership for a period of one year during which he/she is entitled to normal club benefits, voting rights excluded.

4.9.4     Procedure: The Committee proposes a candidate at an Annual General Meeting and, on approval, presents the nominee with the award. The proposal for this award should be supported with due consideration to the following:

4.9.4.1  The candidate should render a valuable and beneficial service to the Club and promote the Mercedes-Benz Marque.

4.9.4.2  He/she, under normal circumstances, but not exclusively, would not qualify for membership.

4.9.4.3  The contribution considered here, as is the case with the award, is based on short term perspective.

4.9.5     Presentation: A personal letter and a certificate.

 

4.10     SPECIAL PENSIONER’S DISCOUNT

            Any member who has reached the age of 70 and has been a member in good standing of the club for an uninterrupted period of at least 10 years, may apply in writing to the committee to receive a 50% rebate in annual membership fees. This discount is not applied automatically and each application is considered on merit. The decision of the committee in this regard is final and no correspondence shall be entered into regarding such decisions.

 

 5.         SUBSCRIPTION AND ENTRANCE FEES

5.1        The entrance fee and subscription for members of the Club shall be determined by the committee.

5.2        Any member failing to pay his/her annual subscription, shall cease to be a member of the Club and shall be deprived of all privileges of membership, i e voting rights at a meeting.

5.3        The committee may however reinstate such member on payment of all arrear subscriptions and in addition the committee may at its sole discretion waive the payment of any arrear subscription.

5.4        The annual subscription shall become due and payable on the 1st day of January each and every year.

 

6.         MANAGEMENT OF THE CLUB

6.1        The management of the Club shall be vested in the committee consisting of a president, a vice president, an immediate past president, a honorary secretary, a honorary treasurer, as well as the duly elected and appointed regional chairmen as referred to in clause 11, and three additional members all of whom with the exception of the immediate past president and the regional chairmen shall be elected in the above order at the annual general meeting and all of whom shall have full voting rights at Committee meetings.

6.2        Any member defeated in an election for any of the above offices shall upon his verbal consent automatically be eligible for any subsequent office.

6.3        No more than one member who is an employee of Mercedes-Benz of SA (Pty) Ltd or an accredited dealer shall be elected to an office of the committee in clause 6.1 hereof.

 

7.         NOMINATION OF COMMITTEE MEMBERS

7.1        Nomination

Each candidate for the Committee shall be nominated by a member of the Club and seconded by another member both being in good standing with the Club and shall be lodged in writing on the prescribed nomination form which shall be supplied by the honorary secretary.

7.2        Declaration

The nominee shall sign a declaration as an indication of his willingness to undertake office.

7.3        Date to be submitted

Nominations shall be lodged with the honorary secretary of the Club not later than fourteen (14) days preceding the annual general meeting.

 

8.         ROTATION OF COMMITTEE

All members of the committee shall retire annually at the annual general meeting of the Club, retiring members being eligible for re-election.

 

9.         MEETINGS OF THE COMMITTEE

9.1:       The committee shall meet regularly to conduct general business. 50% plus one member shall constitute a quorum.

9.2        For purposes of determining the quorum mentioned in clause 9.1, regional chairman exempt from attending meetings in terms of clause 15.3 shall be excluded.

9.3        The secretary shall circulate any documentation relevant to the committee meetings to the committee members electronically, by fax, or otherwise, to reach them at least 7 days prior to a committee meeting.

9.4        Regional chairmen shall have full voting rights where any formal decision by the committee has to be taken. Discussion and voting by regional chairmen on issues before the committee may be effected telephonically or by any other means agreed upon.

 

10.        POWERS OF THE COMMITTEE

10.1      The Committee shall appoint delegates or representatives to represent the Club at meetings of any association or body to which the Club may be affiliated.

10.2      The committee may appoint attorneys, agents, officers and clerks for permanent, special or temporary services as it may think fit and vest in them such powers as it may think expedient and determine their duties and fee.

10.3      The committee shall have the power to apply for and renew from time to time such necessary license or licenses for the purposes of the sale of liquor and other articles and commodities at the Club premises.

10.4      The committee may buy, prepare, supply, sell or deal in all kinds of refreshments and provisions for the convenience of members or bona fide reciprocity members, who shall only be permitted to pay for such provisions supplied on the said premises.

10.5      The committee shall control the revenue of the Club and apply same to the general purposes of the Club.

10.6      The committee shall insure against fire and theft, the property of the Club including public liability.

10.7      Prior to every election of Committee members, the committee shall preside over the election of management and other members in terms of Paragraph 7 hereof. The electoral officer shall not be a member of the Management Committee at the time.

10.8      The committee may co-opt additional members to assist in their work.

 

11.        REGIONAL BRANCHES OF THE CLUB/SUB-COMMITTEES

11.1      The committee shall have the power to appoint regional branches/sub-commit-tees of the Club for special purposes and for specific designated areas and delegate to them any of the powers of the committee except those of electing and expelling members of the Club and of making alterations to and revoking any provision of this constitution.

11.2      The regional management will consist of a chairman, and a secretary who will be elected by members at a regional annual general meeting. Approval by the Committee will be confirmed by a letter of appointment to all regional office bearers.

11.3      These regional branches/sub-committees shall have the power to co-opt additional members to assist in their work, such members to be vested with equal voting rights. Regional branches may, with the approval of the Committee, appoint Register representatives in his designated area.

11.4      The president and honorary secretary shall be ex-officio members of all regional branches/sub-committees.

 

12.        BANKERS

The banking account of the Club shall be kept in the name of the Mercedes-Benz Club of South Africa at any registered commercial bank and/or building society, as the Committee may decide upon. All cheques drawn on this account, or withdrawal forms from the building society shall be signed by any two of the Management Committee. Banking facilities may be delegated to a regional management.

 

13.        COMMITTEE VACANCIES

Should any vacancy occur in the Committee, the remaining members, at a properly constituted committee meeting shall have the power to fill such vacancy.

14.        The committee has the power to raise or borrow money in such manner and upon such terms and conditions that it seems fit in the interests of the Club.

 

15.        ABSENCE FROM COMMITTEE MEETINGS

15.1      Any member of the committee who is absent from three consecutive monthly meetings without having received leave of absence or without giving a reason therefore, satisfactory to the committee, shall ipso facto cease to be a member thereof.

15.2      Any member of the committee who habitually fails to attend committee meetings may be requested by the committee to resign forthwith from the said Committee.

15.3      Notwithstanding the provisions of 15.1 and 15.2 above, regional chairmen who reside in a radius of more than 150 km from the meeting place of the committee, shall be exempt from physically attending meetings.

 

16.        OFFICE BEARERS

16.1      President

No member may be elected as president unless he has served at least one year on the Committee. The president shall preside on all meetings. In his absence the vice-president shall preside or in the absence of both, the meeting shall elect a chairman.

The chairman at all meetings shall have a deliberating casting vote.

16.2      Secretary

The secretary shall issue a notice of all meetings of the Club with the exception of meetings or the sub-branch committees and shall keep a minute book, recording all business transacted at such meetings. Copies of minutes of meetings shall be furnished to the committee members as soon as possible, but not less than seven (7) days before the next committee meeting.

16.2.1   Membership Secretary

The membership secretary shall ensure that a proper register of members is kept as specified in clause 4.7 hereof.

16.3      Treasurer

The treasurer shall receive all subscriptions and all other moneys due to the Club. He shall issue receipts and keep a correct set of books showing financial affairs of the Club, he shall submit a statement of account to all meetings of the Committee. He shall also prepare a balance sheet for submission to the annual general meeting.

16.4      Regional Chairman and Secretary

The regional chairman and secretary shall be responsible for the running of all regional matters, but shall be under the jurisdiction of the Committee.

 

17.        GENERAL MEETING

17.1      A quorum at a general meeting shall be twenty five (25) members with full voting rights. If there is no quorum present at a general meeting, the meeting shall stand adjourned for a period of fourteen (14) days and those present at the adjourned meeting shall constitute a quorum.

17.2      Notice of General Meeting

The annual general meeting shall be held as close as possible to the last day of February each year. Notice of the meeting shall be given at least thirty (30) days before the date fixed for the meeting with the agenda. The non-receipt of notice of meetings by any member shall not invalidate proceedings at such meeting.

17.3      Procedure at the Annual General Meeting

The business to be transacted at the annual general meeting shall be:

17.3.1   To read and confirm the minutes of the previous annual general meeting and to deal with any matters arising there from;

17.3.2   To receive and consider the annual report of the year’s activities of the Club and the statement of audited accounts;

17.3.3   To elect an auditor and to fix the remuneration for his services;

17.3.4   To elect any honorary members proposed by the committee;

17.3.5   To deal with any resolutions/amendments concerning the constitution and the rules of the Club which due notice must be given in writing to the honorary secretary at least fourteen (14) days before the date of the meeting and any business concerning the affairs of the Club which is brought under consideration by the report of the committee. The committee may, however, at any meeting of members without previous notice, bring forward any business which it, in its sole discretion considers urgently require decision, confirmation or action of the members of the Club;

17.3.6   Confirm election of office bearers and committee members referred to in clause 6 hereof;

17.3.7   General.

17.4      Voting

Voting may be done by raising of hand of those members present or by proxy on the prescribed proxy forms supplied by the honorary secretary.

 

18.        SPECIAL GENERAL MEETING

A special general meeting may be called to deal with some specific business, either on a decision of the committee or on a requisition in writing signed by at least fifteen (15) members, stating the purpose for which the meeting is to be called.

The Secretary, if the requisition is in order, shall call the meeting for a date not less than fourteen (14) days, nor more than twenty-one (21) days, after the receipt of the requisition, by posting a notice of the meeting with the agenda in the Club’s newsletter.Only the business for which the meeting was called as shown on the agenda and matters relevant thereto may be discussed. The chairman may decide whether any matter is relevant to the agenda or not, and his decision shall be final. If there is no quorum present at a special general meeting the same procedures will apply as to clause 17.1 hereof.

 

19.        AMENDMENTS TO THE CONSTITUTION

Amendments to the constitution can only be authorised at a general meeting by a two thirds majority vote of the members present at the meeting.

Amendments are to be submitted in writing fourteen (14) days before a general meeting to enable the honorary secretary to notify members in good time. (Ref clause 17.3.5).

 

20.        NEWSLETTER AND OTHER MEANS OF NOTICE

The Club newsletter shall serve as the official organ for all notice in terms of this constitution. In addition, such notice may be mailed or electronically distributed via e-mail or by means of an announcement on the official club website.

 

21.        AUDITOR

The auditor and/or examiner, who shall examine all books and vouchers in the hands of the treasurer and certify the same annually, shall be nominated by the committee for the approval of the annual general meeting.

 

22.        GUESTS

No member shall introduce as a guest:

a)         Any person whose nomination for membership has been rejected, and/or

b)         Any member who has been expelled or whose suspension from membership has not yet lapsed, and/or any person whose presence on the Club’s premises is considered by the committee to be undesirable.

 

23.        DISCIPLINE

Should any member in the opinion of the committee commit any unlawful breach of the rules of this constitution or be guilty of improper, dishonest, unsportsmanlike or ungentlemanly conduct or fail to make any payment of any moneys due to the Club after due notice has been given or be guilty of conduct which is prejudicial to the interests of the Club, whether within the Club’s precincts or outside them, the committee shall have the power:

23.1      to reprimand such members provided, however, notwithstanding anything hereinbefore contained, no member shall be expelled unless the committee shall have given him or her an opportunity to appear before it, at such time and place as it in its sole and absolute discretion may deem fit to explain his or her conduct. After any such hearing, the committee shall fix the procedure to be adopted. The committee shall have the power to summon any member or any other person to appear before it to give evidence for or against such member and any such member shall have the power to cross-examine any such witness and shall have the like power to tender the evidence of any member or any person he or she may deem fit;

23.2      to deprive such member of any or all rights of his or her membership during such time or period as the committee, in its sole and absolute discretion, may deem fit and advisable;

23.3      To call upon such member in writing, through the secretary, to resign and if he or she fails to resign within seven (7) days of the date of such request, to expel such member;

23.4      to call upon such member to appear before the committee and there explain his or her conduct and should such member fail to appear when called upon, to expel or deal with such member in such manner as the committee in its sole and absolute discretion may deem fit;

23.5      To expel such member.

 

24.        INTERPRETATION OF THE CONSTITUTION AND BY-LAWS

24.1      In case of doubt as to the strict meaning of any clause of this constitution the interpretation of the Committee shall be binding upon its members.

24.2      Prior drafts of this constitution and its schedules, if any, shall not be admissible in any proceedings as evidence of any matter relating to any negotiations preceding the signature of this constitution.

24.3      Notwithstanding the date of signature hereof the terms hereof shall be of full force and effect from the nineteenth (19) day of November 1985, being the date when the Club was officially founded, and shall, unless otherwise herein provided, continue for an indefinite period.

 

25.        WINDING UP

In the event of the winding up of the Club, the assets shall be disposed of by public auction or by such other manner which the committee in its sole and absolute discretion shall deem fit and proper in the circumstances, and any accruing funds shall be distributed among its members at the time.