CONSTITUTION OF EASTERN AFRICA SPORTS FEDERATION - DRAFT

CONSTITUTION OF THE EASTERN AFRICA UNIVERSITY SPORTS FEDERATION

Draft 2012

Chapter One: Interpretation

Article One: Name

The name of the Federation (herein after referred to as the Federation) shall be the Eastern Africa University Sports Federation (EAUSF)

Article Two: Language

The official language of the Federation shall be English.

Article Three: Interpretation

In this constitution, unless the context otherwise requires:

        i.            Assembly refers to the General Assembly

      ii.            Eastern Africa refers to the twelve countries in the Eastern Africa region, namely, Burundi, Comoros, Ethiopia, Eretria, Kenya, Rwanda, Seychelles, Somali, South Sudan, Sudan, Tanzania and Uganda or any other country that may emerge in the region.

    iii.            Eastern Africa University Games Festival refers to the Games Festival that is held every two years on a rotational basis.

     iv.            Executive Board refers to the Committee of elected members who run the affairs of the Federation.

       v.            Federation refers to the Eastern Africa University Sports Federation

     vi.            Member refers to:

a.       Member University/Constituent University College

b.      National University Sports Association of the 12 countries mentioned in (ii) above.

   vii.            National Association refers to the Sports Associations of Universities and Constituent College in the partner countries.

 viii.            Partner country refers to the partner countries of the Eastern Africa region.

     ix.            President refers to the chair of the Federation.

Chapter Two: Membership

Article Four: Establishment

        i.            Members of the Federation shall be National Associations of University Sports, Universities and Constituent Colleges in the countries of Eastern Africa as determined by the Federation of Africa University Sport (FASU).

      ii.            Universities/ Constituent Colleges shall be expected to present instruments of establishment upon application for registration.

    iii.            The verdict on admission of new members of the Federations shall be given only by General Assembly.  The Executive Committee may accept a provisional affiliation.  Institutions shall receive certificates of registration only after approval by the General Assembly.

Article Five: Obligations of Members

        i.            The obligation of the members shall include

a.      Payments of a non refundable application fees

b.      Pay a one off registration fee.

c.       Payment of annual subscription.

      ii.            These three fees shall be determined from time to time by the Executive Board.

     iv.            Only member institutions which are up to date with their subscription are considered as being effective member. Any member institution which fails to pay annual subscription and other fees shall be excluded from the Federations function until such a time they shall pay.

Article Six: Affiliations

        i.            The Federation shall seek affiliation with the Federation of Africa Universities and the International Federation of University Sports (FISU).

      ii.            The Federation may seek affiliation with other bodies with similar interests from time to time.

Article Seven: Legal obligations of the Federation

        i.            The Federation shall have the legal capacity within each of the Eastern Africa countries within which it derives membership.

      ii.             As a body corporate it shall have the power to acquire, hold, manage and dispose of land and other property, and to sue and be sued in its own name.

    iii.            The Federation shall as a body corporate shall be represented by the Executive Board.

     iv.            The Federation may appoint an Honorary Legal Advisor.

Chapter Three: Objectives

Article Eight: Objectives of the Federation

        i.            The Federation shall foster and promote sporting activities amongst student and staff in the member institutions.

      ii.            The Federation shall promote the exchange of ideas related to and incidental to sport development amongst students and staff.

    iii.            The Federation shall organize the Eastern Africa Games biannually and the championships and other sports related activities from time to time as will be organized by the Executive Board.

     iv.            The Federation shall encourage and promote collaboration in sports related research, teaching, staff and student exchange between member institutions.

Chapter Four: Organs of the Eastern Africa University Sports Federation

Article Nine: Governing Organs

        i.            The Eastern Africa University Sports Federation shall have the following Organs:

a.      General Assembly.

b.      Executive Board.

c.       Central Executive.

d.      Secretariat.

e.      Standing commission to be established by the Executive Board:

A.                        Technical Commission.

B.                        Finance Commission.

C.                        Disciplinary Commission.

D.                       Accreditation Commission.

E.            Fundraising Commission

f.        Ad hoc Commission to be established by the Executive Board from time to time

      ii.            The organs of the Federation shall perform the functions and act within the limits of the powers conferred upon them by this constitution.

Chapter Five: The General Assembly

Article Ten: The Composition of the General Assembly

        i.            The General Assembly shall be the supreme governing organ of the Federation and shall consist of the Executive Board and two representative of each Member institution.

      ii.            Meetings of the General Assembly unless in special cases, shall be held biannually, but will be referred to as Annual General Meeting.

Article Eleven: The Function of the General Assembly

        i.            The Assembly shall be responsible for the general policy and direction of the Federation and ensure the proper functioning of the Federation.

      ii.            The Assembly shall:

a.      Adopt the Agenda of the Annual General meeting of the Federation

b.      Consider the President’s Address.

c.       Consider the minutes of the previous General Assembly

d.      Consider the Executive Boards report.

e.      Consider a financial report

f.        Elect office bearer at an elective Annual General Meeting for a period of four (4) year. These elected officials will be eligible for re-election for only one consecutive term of four years. Gender parity will be observed (at one third of either gender). Such officials shall include:

A.                        Honorary President

B.                        Honorary Vice President

C.                        Honorary Secretary General

D.                       Honorary Assistant Secretary General

E.            Honorary Treasurer

F.             Honorary Assistant Treasurer

G.                       Twelve members of the Executive Board (This will be          Chairman/Secretary             Generals or any other member dully nominated by the National     Associations of each member country).

H.                       The Immediate Past President shall seat on the new Executive Board to allow continuity.

g.      Consider such other business as may be presented.

    iii.            The decisions of the General Assembly shall be binding.

     iv.            The Assembly shall adopt such rules as may be necessary for the transaction of its business.

       v.            Meeting of the General Assembly shall be held every two year. While the elective Annual General Assembly will be held every four years.

Article Twelve: Elections

        i.            Each member institution and each elected member of the Executive Board shall have one vote.

      ii.            The President of the Federation shall have a casting vote.

    iii.            Voting for electoral positions will be by secret ballot.

Chapter Six: The Executive Board

Article Thirteen: Composition of the Executive Board

        i.            The Executive Board shall be the principal organ managing the Federation and shall be composed of:

a.      Office bearers elected in line with Article Eleven (ii) f above.

b.      The immediate past President.

c.       The Executive board shall have the right to invite any member with specialized knowledge to be in attendance during the Executive Boards sessions.

      ii.            Person in categories c of Article Twelve (i) above, shall not have voting rights.

Article Fourteen: Functions of the Executive Board

i.        The Executive Board shall:

a.      Act as the principle decision making organ of the Federation.

b.      Be responsible for all the operational activities of the Federation including approval of services and regulations.

c.       Ensure formulation and implementation of the policies of the Federation.

d.      Direct the administrative and financial affairs of the Federation.

e.      Determine the Venue of the Annual General Meeting.

f.        Consider the budget of the Federation and make appropriate recommendation to the General Assembly.

g.      Consider the audited and financial reports of the federation and make appropriate recommendations to the General Assembly.

h.      Determine the various fees expected to be met by member institutions.

i.        Solicit funding for the Federation.

j.        Appoint staff of the Federation.

k.       Appoint a legal Advisor.

l.        Receive gifts, donations, grants and other resources and make such disbursements as may be required on behalf of the Federation.

m.    Take all necessary decisions relevant in the fulfillment of the objectives of the Federation.

n.      Have the power to grant “observer” status to any individual or organization to attend the Annual General Meeting without voting rights upon such terms as the Executive Board may deem appropriate.

o.      Be collectively responsible to the General Assembly.

p.      The decision of the Executive Board shall be binding on all the subordinate organs of the Federation and on all members to whom they are addressed.

q.      The rules of transaction of business of the General Assembly subject to necessary modification will apply to the Executive Board.

r.       The Executive Board may delegate power to individual members to represent the Federation in different capacities.

Article Fifteen: Functions and Duties of the office Bearers

i.                    Honorary President

a.      Chair meetings of the Executive Board and the General Assembly.

b.      Be responsible for the external relations between the Federation and other organizations.

c.       With the Treasurer and the Secretary General, be signatories to all Federations accounts.

d.      Present an address at the Annual General Assembly.

e.      Be an ex-officio member of all Commissions of the Federation

f.        Perform such functions and duties as may be assigned by the General Assembly or the Executive Board.

ii.                  Honorary Vice President

a.      Deputize for the President in his or her absence or when delegated.

b.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President.

iii.                Honorary Secretary General

a.      As far as is possible the Federation shall establish a secretariat consisting of the Secretary General and such other staff as the Executive Board may from time to time appoint on such terms and condition of service as the Executive Board may determine.

b.      The Seat of the Secretariat until such a time when a permanent premise is provide shall rest at the University of the Secretary General.

c.       Responsible for taking the minutes of the meeting of the General Assembly and the Executive Board.

d.      Present the Executive Report at the General Assembly.

e.      Provide Secretariat for all Commissions except the Finance Commission.

f.        Responsible for documentation and record keeping of the affairs of the Federation.

g.      Responsible for the General correspondence of the Federation.

h.      In consultation with the President, convene meetings of the General Assembly and the Executive Board.

i.        Be signatory to the Federation accounts together with the President and the Treasurer.

j.        Manage the Secretariat of the Federation on a day to day basis.

k.        Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President.

iv   Hon Assistant Secretary

a.      Perform the duties of the Secretary General in his/her absence.

b.      Be the Secretary of the Technical Commission.

c.       In consultation with the Secretary General draw up a calendar of event and present this to the executive for adoption. Communicate to the various Institutions rules, regulations and dates for events.

d.      Be Answerable to the Secretary General on behalf of the Executive Board.

e.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President.

vi   Treasurer

a.      Be responsible for maintaining the book of accounts of the Federation and for entering details of monies received and payment made on behalf of the Federation. Shall be responsible for the safe custody of all monies, movable property and assets and accounting for the same. Shall render to the Executive Board a financial statement when required.

b.      Shall be responsible for the preparation and submission to the Executive Board for approval before the Annual General Meeting an income and expenditure account covering the relevant periods.

c.       Such annual accounts shall be audited by a qualified auditor. After the accounts have been approved and signed by the President, Secretary General and Treasurer.

d.      Make Presentations of Finance to the Executive board and then to the General Assembly.

e.      Shall be the Secretary to the Finance Commission.

f.        With the President and the Secretary General, be a signatory to all Federation’s accounts.

g.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President.

iv.                Assistant Treasurer

a.      The assistant Treasurer shall perform the duties of the Treasurer in his/her absence or any other duty to be delegated to him by the Executive Board.

b.      Shall be a member of the Finance Commission.

c.       Shall be the Secretary of the Fundraising Commission.

d.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President.

v.                  Members of the Executive Board Immediate Past President

a.      Assist officers of the Federation to effectively do their work.

b.      Perform any other work as may be designated by the President, Executive Board or general assembly.

Article Sixteen: Meetings of the Executive Board

        i.            Representation and participation in the activities of the Executive Board shall be on the basis set out in Article Twelve (i).

      ii.            Every meeting of the Executive Board shall be convened by the Secretary General in consultation with the President. The calls for the meeting shall as far as possible contain the agenda to be transacted at the meeting.

    iii.            Ordinary meetings of the Executive Board shall be held in accordance with an agreed schedule. At least three (3) meetings will be held a year. Special Meetings may be convened as the need arises.

     iv.            For Ordinary meetings of the Executive Board, the call for the meeting will give at least two weeks’ notice.

       v.            The President shall, upon request in writing addressed to him/her of at least one third of the members of the Executive Board cause the Secretary General to call an extraordinary meeting of the Executive Board.

     vi.            The President of the Federation or in his/her absence, the Vice President and in their absence and constituting a quorum shall elect a temporary chairman to preside over the meeting of the Executive Board.

   vii.            At every meeting of the Executive Board 50 percent of the elected members shall constitute a quorum.

 viii.            Where there members do not constitute a quorum, a consultative meeting will take place.

     ix.            All matters at the Executive Board shall be decided by a majority of the members present and voting. The chair shall have a casting vote.

       x.            An elected member of the Executive Board who misses three (3) meetings without explanation will automatically lose their seat.

Chapter Eight: Commissions

Article Seventeen: Functions of the Commission

All the commission will put in place rules and procedures to run their activities.

        i.            Central Executive

a.      Oversee the day to day running of the Federation

b.      Coordination and implementation of policies created by General Assembly and Executive Board.

c.       Oversee the disbursement of the Federations funds.

d.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President

      ii.            Technical Commission.

a.      Oversee all technical aspects of all competition.

b.      Creation of rules and regulations for competition

c.       Oversee Local Organizing Committees in terms of rules and regulations for competition on behalf of the Executive Board.

d.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President

    iii.            Finance Commission.

a.      Draw budget estimates for approval.

b.       Keep book of accounts.

c.       Ensure funds are appropriately utilized.

d.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President

     iv.            Disciplinary Commission.

a.      Receive complaints from various members.

b.      Preside over all discipline cases.

c.        Deal with all conflict resolution before, during and after competition.

d.      Develop a code of conduct.

e.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President

       v.            Accreditation Commission.

a.      In liaison with the Local Organizing Committee will provide accreditation during all competition.

b.      Create rules of application for accreditation.

c.       On behalf of the Executive Board collect all accreditation fees.

d.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President

     vi.            Fundraising Commission.

a.      To aggressively raise funds for the Federation.

b.      Perform such functions and duties as may be assigned by the General Assembly, The Executive Board or the President.

Chapter Seven: Financial Provision

Article Eighteen: Financial Provision

        i.            The Financial Commission shall submit a budget estimates for the Federation. This budget will be dully approved by the Executive Board before they are tabled at an Annual General Meeting for approval.

      ii.            The income and property of the Federation shall be used solely for the furtherance of the objectives of the Federation.

    iii.            The accounts of the Federation should be audited by a recognized firm of auditors.

     iv.            It shall be the duty of the Treasurer to present the audited financial report to the Executive Board and later to the Annual General Assembly provides that during the deliberation on the audited report the auditors may make specific observations on the report or parts thereof for the attention of the General Assembly.

       v.            Misappropriation of the Federation’s funds shall have both civil and criminal consequences.

     vi.            The Executive Board shall make financial rules of the Federation

Chapter Eight: General Transitional and Final Provision

Article Nineteen: General Transitional

        i.            Until the Federation through a General Assembly adopts this Constitution the current Constitution will apply.

      ii.            Any member institution which defaults in meeting its financial and other obligation under this constitution shall be subject to such action as the General Assembly may on recommendation of the Executive Board determine.

    iii.            The constitution shall have an indefinite duration.

Article Twenty: Amendment to the Constitution

        i.            Any alterations rescissions or additions to this constitution shall only take effect if approved.

      ii.            The constitution may be amended by submission of a proposal to the General Assembly after which after deliberation will be adopted. This can be initiated by:

a.      An individual member of the General Assembly

b.      The Executive Board

    iii.            The threshold for the alterations rescissions or additions will be two thirds of those present and voting at a General Assembly.

Article Twenty One: Entry into force of the Constitution

        i.            This constitution shall enter into force upon being signed by members present at a General Assembly.

      ii.            This constitution upon coming into force shall supersede all other constitutions that are in use by the Federation.

Article Twenty Two: Dissolution

        i.            The Federation shall be dissolved by ¾ majority vote of members of the Federation. This will be done at the General Assembly.

      ii.            The assets and/or liability of the Federation  when dissolved shall be bequeathed to the members Institution

In Faith whereof the undersigned have placed their signature hereto

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