RESOLUTIONS APPROVED BY THE 2015 EXTRAORDINARY CONGRESS MBOMBELA 29 MARCH 2015

Transcription

1 RESOLUTIONS APPROVED BY THE 2015 EXTRAORDINARY CONGRESS MBOMBELA 29 MARCH 2015

2 INTRODUCTION We, the Members of the South African Football Association, gathered at the Extraordinary Congress Workshop on 28 March and the Extraordinary Congress on 29 March 2015 in Mbombela; Having resolved to produce a framework for sustainable success and global competitiveness through Vision 2022 and other mechanisms; Having deliberated on the constitutional amendments required to realise the objectives outlined above; Hereby unanimously resolve as follows; Presentation title Page 2

3 COMMISSION 1: SAFA BUSINESS

4 RESOLUTION ON ARTICLE 2.12 OF THE STATUTES To amend Article 2.12 of the SAFA Statutes from the current formulation which reads; to raise and administer the funds of SAFA in such a manner as SAFA may deem advisable and in particular by means of subscriptions, donations and sponsorships To the new formulation which will read; to raise funds by means of subscriptions, donations and from the carrying on of any business, trade or undertaking consistent with or ancillary to its objects or is calculated directly or indirectly to advance the interests of SAFA Presentation title Page 4

5 RESOLUTION ON ARTICLE OF THE STATUTES To amend Article of the SAFA Statutes from the current formulation which reads; subject to Article 73.8 below, to subscribe, grant subsidies out of, administer and invest the funds of SAFA in such manner as it may be deemed best to achieve the objects and purposes of SAFA; To the new formulation which will read; to subscribe, grant subsidies out of, administer and invest the funds of SAFA in such manner as it may be deemed best to achieve the objects and purposes of SAFA; Presentation title Page 5

6 RESOLUTION ON ARTICLE OF THE STATUTES Congress resolved to create a new amendment which makes explicit SAFA s ability to enter into commercial and related contracts. The new clause will read as follows; to enter into such commercial or other transactions in connection with any trade or business of SAFA as may seem desirable for the purpose of SAFA s affairs. Presentation title Page 6

7 RESOLUTION ON ARTICLE OF THE STATUTES Congress resolved to create an explicit provision in the SAFA Statutes allowing it to form subsidiary companies. The new clause will read as follows; to establish, subscribe or carry on through any subsidiary company any activities which SAFA is authorised to carry on and to make any arrangements whatsoever with such subsidiary company as thought fit Presentation title Page 7

8 RESOLUTION ON ARTICLE OF THE STATUTES Congress resolved to create an explicit provision in the SAFA Statues enabling SAFA to provide various forms of support to any subsidiary companies. The new clause will read as follows; to aid, finance or provide consultative, managerial, administrative, technical and commercial services of all kinds for all or any part of the operations of any company which is a subsidiary company of or otherwise under the control of SAFA or in which SAFA has an interest and to make payments by way of subsidy or otherwise and any other arrangements which may be deemed desirable with respect to any business or operations of or generally with respect to any such company or companies and generally to carry on the business of a holding company Presentation title Page 8

9 RESOLUTION ON ARTICLE 73.1 OF THE STATUTES To amend Article 73.1 of the SAFA Statutes from the current formulation which reads; SAFA shall be conducted on a non-profit basis, with the intent and purpose that its capital and income, shall be applied solely towards the promotion of its objects To a new formulation which will clarifies that SAFA may sourceits income in various ways but reiterates that the destination of its income must be the promotion of its non-profit objects The new clause will read as follows; SAFA shall be conducted on a non-profit basis, with the intent and purpose that its capital and income however derived, shall be applied solely towards the promotion of its objects Presentation title Page 9

10 RESOLUTION ON ARTICLE 73.5 OF THE STATUTES To amend Article 73.5 of the SAFA Statutes from the current formulation which reads; SAFA may invest its funds only; The new clause will allow SAFA to acquire interests in private companies which at present it is not allowed to do The new clause will read as follows; SAFA may invest and otherwise deal with the moneys of SAFA not immediately required for its purpose in or upon such investments, securities or property as may be thought fit, in its absolute discretion, with the power to vary or transpose any investments for or into others of any nature or subject; Presentation title Page 10

11 DELETED CLAUSES Congress resolved to delete the following clauses 73.5 SAFA may invest its funds only: : with a financial institution as defined in section 1 of the Financial Institutions (Protection of Funds) Act 28 of 2001; : in securities listed on a licensed stock exchange as defined in the Security Services Act 36 of 2004; : in any other prudent investments covered by section 30(3)(b)(ii)(cc) of the Income Tax Act 58 of Presentation title Page 11

12 DELETED CLAUSES CONT : SAFA may not carry on any business undertaking or trading activity otherwise than to the extent that the undertaking or activity is: : integral and directly related to the objects of SAFA : carried out or conducted on a basis substantially the whole of which is directed towards the recovery of cost and which would not result in unfair competition in relation to taxable entities; or 73.8: if the undertaking or activity is not integral and directly related to the objects of SAFA, it should be of an occasional nature and undertaken on a voluntary basis without compensation Presentation title Page 12

13 RESOLUTION ON ARTICLE 73.6 OF THE STATUTES To amend Article 73.6 of the SAFA Statutes from the current formulation which reads; Notwithstanding Article 10.5, SAFA may retain any investment which is donated or bequeathed to it in the form that it was so donated or bequeathed,... Considering that the cross reference to 10.5 was incorrect and further more, noting that there is no longer any prohibition on SAFA retaining any investment in the form of a business undertaking or trading activity; The new clause will read as follows; SAFA may retain any investment which is donated or bequeathed to it in the form that it was so donated or bequeathed, Presentation title Page 13

14 NEXT STEPS -STATUTES The Legal and Compliance Committee must include the amendments approved by Congress in the Statutes and circulate the draft Statutes to Members The Legal and Compliance Committee must draft standards Statutes of LFA, Regions and Provinces that are aligned to the Statutes and circulate same to Members The latest draft Statutes will be considered by the next Constitutional Congress The Constitutional Congress must take place in Cape Town in September 2015 The awards banquet must take place in Cape Town as an official event of the Constitutional Congress Regions must nominate deserving individuals who must be considered for awards The AGM will take place in October or December 2015 Presentation title Page 14

15 SAFA CORPORATISATION That SAFA briefs senior counsel to provide it with an opinion on whether SAFA is obliged to register as a company in terms of section 8(3) of the Companies Act, If the answer is yes that senior counsel be asked to identify which business undertakings or trading activities causes SAFA to fall within section 8(3) of the Companies Act, that senior counsel be asked whether it is preferable: to extract those business activities from SAFA by placing them in subsidiary companies in order to allow SAFA to retain its status as a voluntary association; or to retain those business activities within SAFA and convert SAFA from a voluntary association into a non-profit company. Presentation title Page 15

16 COMMISSION 2: TECHNICAL MATTERS

17 TECHNICAL MATTERS Congress resolved that the work of the SAFA Development Agency must be continued and that the Agency must be supported The Commission endorsed the provisions of the Vision 2022 Framework that There must be provincial Indabas as soon as possible where provincial visions and plans will be produced There must be a central fund aimed at supporting all Regions, especially rural areas The Association must partner with Government wherever possible for the implementation of its programs as well as for the ownership and maintenance of Facilities in partnership with Communities The Association must, within 14 days convene a meeting with stakeholders A Study Group must be introduced to implement the Technical Plan Presentation title Page 17

18 TECHNICAL MATTERS CONT Community Sport Development Hubs must be established as soon as possible Build /strengthen the participation of girls in football as well as women in Administration, club ownership, coaching, grassroots development and refereeing Establish a Technical Centre in each Province, using the Hoy Park model wherever possible The legal persona of the Provincial Technical Centres must be defined BUT each must function under a Technical Director Age cheating must be addressed with the Department of Home Affairs Presentation title Page 18

19 COMMISSION 3: GOVERNANCE

20 REDUCTION OF THE NEC Congress resolved to reduce the size of the National Executive Committee. The composition of the new, reduced NEC will be as follows: President 4 x Vice Presidents (a minimum of 1 female + NSL Chairperson) National List x 4 (a minimum of 1 female) 2 National Soccer League Provincial List x 9 Presentation title Page 20

21 TERM OF OFFICE Congress resolved to postpone the elections of the 2017 AGM to after the June/July FIFA World Cup 2018 but to hold such elections no later than September Having adopted the Provincial structures, the elections in the Regions and the LFAs will follow the same processes. Presentation title Page 21

22 HONORARY MEMBERS Congress resolved that that Mr Moseseand Mr Mochachabe confirmed as honorary members of the National Executive Committee in recognition of their distinguished contribution to football Presentation title Page 22

23 COMMISSION 4: PROVINCIAL MATTERS

24 PROVINCIAL MATTERS The Commission endorsed Amendment 3 of 2015 regarding alignment of structures in line with the 9 geo-political provinces of South Africa The Commission also resolved the following: The National Association will have the same set of Statutes and Rules applicable in all Provinces Provinces must have Statutes to ensure that their Articles of Association are in order and full compliance with the law Associate Members will have to apply to the provincial structure for membership SA Police Services Football Association must be included in the Statutes as a member The Association must review the role and relevance of all Associate Members The roles and responsibilities of the Provincial Chairperson, Executive and CEO shall be in line with the current FIFA, CAF and SAFA Statutes Presentation title Page 24

25 SCHOOLS SPORT The Commission resolved that in order to promote and implement the mutual objective of Government and SAFA regarding mass participation by learners in football across the country, and to promote the objectives of SAFA as contained in the Statutes and Vision 2022, SAFA must take direct responsibility for schools football in partnership with Sport and Recreation SA and the Department of Basic Education The NEC Ad Hoc Committee on Schools Sport must oversee the implementation of this resolution and ensure that the Administration develops an implementation plan in partnership with the responsible Government departments SASFA must be informed about this resolution without delay and engaged about the systematic implementation thereof The Administration must, within 14 days, write to all Members of SAFA and outline how this process will unfold Presentation title Page 25

26 GRATITUDE Congress expresses its gratitude to Honourable Mr FikileMbalula, the Minister of Sport and Recreation for his consistent support for transformation, the South African National Teams, development and the growth of football in South Africa. Congress expresses its gratitude to Councillor SibusisoMathonsi, the Executive Mayor of Mbombela Municipality for the Municipality s continued support to SAFA and the commitment to support SAFA with offices and other Facilities Presentation title Page 26