ZASU Constitution

CONSTITUTION of the ZAMBIA SWIMMING UNION

Article 1 – Name

The union name shall be called “ZAMBIA SWIMMING UNION” and hereinafter known as “ZASU”.

Article 2 – Legal Status

2.1 The ZASU is established in terms of the Federation Internationale De Natation Amateur, hereinafter called “FINA”, the laws of which in relation to swimming shall be binding on ZASU.

2.2 The jurisdiction of ZASU shall cover Zambia.

2.3 ZASU shall have the power to sue and may be sued.

Article 3 – Definitions

Unless the context indicates otherwise:

“ZASU” – shall mean “Zambia Swimming Union”.

“FINA” – shall mean “Federation Internationale De Natation”.

“CANA” – shall mean “Confederation Africane De Natation Amateur”.

“NOCZ” – shall mean “National Olympic Committee Zambia”.

“IOC” – shall mean “International Olympic Committee”.

“Members” – shall mean Organisations, Associations, Clubs, Educational Institutions, swimmers and coaches affiliated to ZASU.

“Constitution” – shall mean this Constitution together with the Bye-Laws and Rules made under it.

“Swimming” – shall mean ordinary Swimming, Synchronized Swimming Life Saving, Water Polo, Open Water and Diving.

“Swimmers” – shall mean the participants of any aquatic event.

Article 4 – Objects

4.1 To promote and encourage all forms of the art of Swimming, Diving, Synchronized swimming, Life saving and Water Polo and Open Water.

4.2 To promote and control amateur swimming championships.

4.3 To assist in training coaches, administrators and officials to conduct the amateur Championships.

4.4 To enforce the observance of the Constitution, Bye-Laws and the rules of ZASU and FINA and to deal with any infringements thereof.

4.5 To promote the development of swimming in Zambia.

Article 5 – Members

5.1 All properly constituted Amateur Swimming Clubs, Associations and Educational Institutions in Zambia shall be eligible for membership of and affiliated to ZASU, which shall from time to time lay down the areas or bodies which come under the control of such clubs, associations and Educational Institutions.

5.2 “Full Membership” is open to all amateur Swimming Clubs, Associations and Educational Institutions. Full membership shall entitle the member to participate in all competitions organized by ZASU and to use all technical services and facilities available from ZASU. Any member of any club, Association and educational institutions, provided he or she is a duly registered member and does not hold any office in their executive committee, shall be eligible for election to represent ZASU Executive committee.

5.3 Where membership of an Affiliated Club, Association or Educational Institution is granted by this Constitution, swimmers will unless good reason to the contrary are given to the Executive (whose decision shall be final), be required to join the club nearest to their ordinary place of residence.

5.4 Honorary Life Membership – Honorary Life Membership can be conferred upon any person, agreed to unanimously, at an annual general meeting. Upon such election, no subscription shall be payable by such Honorary Life Members. Honorary Life Members are entitled to attend all meetings of ZASU, but shall have no vote at such meetings.

Article 6 – application & Procedure Requirements For Membership

6.1 Clubs, Associations or Educational Institutions

Each Club, Association or Educational Institutions willing to become a member must apply in writing to the Secretary on the application form.
This application form must be duly completed and returned to the Secretary along with the following documents:
-A copy of the Constitution of the Club or Association, together with an undertaking to keep ZASU informed of any changes with might be made subsequent to this affiliation and in the case of an Education Institution, a signed LETTER from the Head of the Institution, endorsing the application together with an undertaking to keep ZASU informed of any changes which might be subsequent to their affiliation.
-A list of the names and addresses of their committee of the Clubs, Association or Educational Institution.
-An undertaking in writing to respect the Constitution and the Bye-laws and Rules of ZASU.

6.2 Clubs, Associations or Educational Institutions shall be admitted by the Executive Committee of ZASU.

Article 7 – Processing And Application

7.1 Examination of Application

An application for membership is examined by the Executive Committee which if necessary, will appoint one of its members to investigate the application. The investigation will have particular regards to the activity of the applicant organization.

7.2 Granting of Membership

If satisfied that all the above requirements for the membership of ZASU have been met, the Executive Committee may grant membership of the applicant organization in accordance with Article 6.

Article 8 – Annual Subscriptions, Registration Entry Fees And Records

8.1 Annual Subscriptions

Each affiliated member shall upon invoice pay an annual subscription. This amount will be decided at the Annual General Meeting.

8.2 Registration Fees

No swimmer may compete in any competition organized by ZASU without first completing and submitting to ZASU, through his or her Club, Association or Educational Institution, a completed form of registration together with a registration fee which shall be determined at the Annual General Meeting.

8.3 Entry Fees

Swimmers shall, if so required by the Executive, pay an extra fee in respect of each entry for each event to any competition organized by ZASU. The entry fee shall be determined at the Annual General Meeting. The entry fee should accompany the entry form and shall be paid on the day of the competition.

8.4 Member’s Records

All affiliated members should submit to the secretary of ZASU, a copy of the minutes of their Annual General Meetings and a copy of their financial accounts adopted at such General Meetings along with details of their newly elected committee.

Article 9- Non-payment Of Dues

9.1 No swimmer shall be allowed to compete in any competition organized by ZASU, unless the following have been paid:

His or her club subscription,
All subscriptions, registration and entry fees due by his/her Club, Association or Educational Institution to ZASU

9.2 No Clubs Association or Educational Institution may take part in any meeting of ZASU if at the time of such meetings their annual subscriptions are not paid.

Article 10 – Termination Of Membership

10.1 The member’s affiliation of ZASU will cease:

If the member no longer exists.
If the member withdraws its affiliation.
If the member is expelled by ZASU.

10.2 Any member who wishes to withdraw its affiliation with ZASU shall give written notice to the Secretary. The affiliation shall end immediately, but no refunds of any dues will be made.

10.3 The Executive Committee shall have the power to expel any member for significant violation of the Constitution, Bye-Laws and Rules of ZASU. The respective member may appeal this by lodging a written appeal to the Secretary within fourteen days from the day of expulsion decision. Any decision thereafter taken by ZASU shall be final.

Article 11 – General Meetings

11.1 The General Meeting shall be the highest organ of ZASU. It shall be composed of two delegates from each affiliated member described under Article 6, and shall meet in ordinary session once a year between 1st June and 30th June in order to carry out the following business:

Confirmation of the minutes of the previous Annual General Meeting and of any minutes of any interim special General Meetings held after the previous Annual General Meeting
Presentation of the Annual Report.
Presentation and adoption of Annual Accounts.
Election of officers of the Executive Committee once every four years.
Appointment of delegates for FINA, CANA & NOCZ.
Time frame?
Any other business, notice of which has been given in writing prior to the General Meetings and upon which the President may permit discussion.

11.2 Venue

The venue for the Annual General Meeting shall be decided by the Executive Committee

11.3 Notification of General Meeting

Affiliated Members shall be notified of the set General Meeting at least 21 days in advance.

11.4 Quorum

The quorum for the General Meetings shall be 50% of the fully paid up affiliated members of ZASU. Should this quorum not be reached the General Meeting shall be convened a second time, at least 14 days after the previous session, and the members present at this second meeting shall be the quorum.

11.5 Voting

The method of voting shall be by show of hands unless determined otherwise by a simple majority of the members present. Each delegate present shall have one vote.

11.6 All matters shall be decided by a simple majority.

11.7 The President of ZASU, or in his/her absence the Vice President, or in their absence any member of the executive Committee, nominated by the Executive Committee shall chair the General meetings.

Article 12 – Special Or Exraordinary General Meeting

A special General Meeting of ZASU may be called at any time by the Executive Committee and shall be called within twenty days of the receipt by the secretary of a written requisition of 50% of the fully paid affiliated members specifying the reasons for calling such a meeting. Delegates from each of the affiliated members calling such a meeting must be present at the meeting which is held.

Article 13 – Delegates & Alternates

Each affiliated member shall deliver to the Secretary written notification of its two delegates who shall represent them at General or Special Meetings. No delegates may represent more than one affiliated member. When such appointed delegates are unable to attend a meeting, they may act through written proxy given to an alternate, provided the affiliated member has given the delegate the power to appoint such alternate or has itself appointed such alternate. No such alternate shall be permitted to attend as a delegate at meetings unless credentials have first been accepted by the secretary.

Article 14 – Executive Committee

14.1 The Executive Committee shall be functionary of ZASU and shall be composed of the President, Vice President, Secretary, Treasurer, International Coordinator, Recorder, Registrar, and two Representative, one from Copperbelt and one from Midlands. The President, or in his/her absence the Vice President or any member of the Executive, nominated by the Executive Members present, shall chair he meeting.

14.2 Qualification for Executive Committee Members

Members for the Executive Committee shall be eligible for election, only:

If they are of sound and sober habits.
If they have never been convicted of any crimes by the common law courts either in Zambia or elsewhere, or has never been found guilty of any offense by any organizations either in Zambia or elsewhere.
If they have never been disciplined by ZASU or any of its affiliated members for any act or behavior which is in contrary to the Constitution, Bye-Laws and Rules of ZASU.

14.3 Elections

The Executive Committee shall be elected at the Annual General Meetings. No person shall be elected in his/her absence unless written consent from the nominee is produced at that meeting.

14.4 Period

The Executive Committee, once elected, shall hold office for a period of four years which period shall coincide with the Olympic period.

14.5 Attendance

Any member of the Executive Committee who has failed to attend three consecutive meetings without leave of absence shall, unless the Executive shall otherwise decide, cease to be a member.

14.6 Casual Vacancy

The Executive shall have the power to fill any vacancy on the Executive and any member appointed in terms of its Article shall have the same authority as if he/she had been elected at an Annual general Meeting. Any such appointments should be ratified at the next Annual general Meeting.

14.7 Quorum

Five members of the Executive personnel present shall constitute a quorum for any Executive Committee meetings.

14.8 Voting

All matters shall be decided by a majority of votes of those present at the meeting. In the case of an equality of votes the person chairing the meeting shall have a second casting vote.

14.9 Meetings

The Executive shall meet together for the dispatch of business, regulate its meetings and adjourn as it deems fit. At least two meetings shall be held during a season.

14.10 No member of the Executive Committee of ZASU shall hold any office in any affiliated members’ Clubs, Associations, or Educational Institutions unless otherwise agreed at the Annual General Meeting.

Article 15 – Powers Of The Executive Committee

The Executive shall manage the day to day affairs of ZASU and shall consider and adopt such recommendations submitted by the members as shall be considered proper. The Executive may also exercise all or any of the following powers:

15.1 To ensure the observance of the Constitution, By-Laws and General Rules of ZASU and FINA and interpret the meaning of any provision, if necessary.

15.2 To fulfill the objectives of ZASU and exercise the powers thereof.

15.3 To institute or defend legal actions in the name of ZASU.

15.4 To fine, reprimand, expel or otherwise discipline any affiliated member or any individual members of affiliated members or any of its members for any misconduct that ZASU may consider to warrant such disciplinary action.

15.5 To add to, alter or revoke the Constitution of ZASU, provided such action shall only be taken at an Annual General or Special General meeting by simple majority, after at least 21 days’ written notice specifying the proposed additions, alterations or revocations had been given to each affiliated member.

15.6 To make, vary and repeal By-Laws and Rules of ZASU provided such do not conflict with the Constitution.

15.7 Decide on any matter which, in the opinion of the majority of affiliated clubs is considered to be of utmost importance.

15.8 To make any urgent decision on behalf of ZASU, unless there is time to convene a General Meeting. Such decisions must be ratified at the next General Meeting.

15.9 To control the finances of ZASU and to make all such payments as shall from time to time be deemed necessary or desirable, in particular to open and operate in such manner as it may from time to time deem necessary or desirable, such Banking account or accounts at such Banks as it may deem fit.

15.10 To fill casual vacancies in the Executive until the next Annual General Meeting.

15.11 To organize and control all the Local and National swimming competitions and set the criteria and selection for international events.

15.12 The Executive shall be final Arbitrator as to the meeting of this Constitution and the By-Laws and Rules there-under and any matter not covered by the By-laws and Rules.

15.13 The members of the Executive are all Honorary members and hence shall not accept any salary or remuneration of any kind in consideration for the performance of their duties, unless they are contracted by the Executive Committee to perform any special duty and in such case they shall be reimbursed any reasonable expenses which are incurred in performing such duties.

16. Terms of Reference – ZASU Executive Committee

16.1 President

Provides leadership and oversight to all aspects of the operations of the Zambia Swimming Union in a manner consistent with adopted policies and procedures.
Serves as the primary spokesperson of the Zambia Swimming Union.
Serves as the organisation’s liaison to FINA & CANA and other international
Ensures that ZASU is in compliance with all appropriate financial, legal and organizational matters.
Lends support to all Representatives in all matters.
Seeks to ensure the ongoing health and well-being of ZASU by identifying potential obstacles and opportunities, and proposing strategies to address these.
Presides over all ZASU meetings or delegate to the Vice President.
Endeavours always to maintain peace & harmony among the swimming community.

16.2 Vice President

Assists the President in providing leadership and oversight to the organization, in a manner consistent with adopted policies and procedures.
Serves as the spokesperson of the Zambia Swimming Union whenever the President is unavailable.
Serves as the organisation’s liaison to the Zambia National Sports Council and National Olympics Committee Zambia, and as designated by the President, to other domestic and international organisations.
Supports the President in ensuring that ZASU is in compliance with all appropriate financial, legal and organizational matters.
Supports all Representatives in all matters.
Coordinate the cultivation and administration of fund development and revenue generating activities.
Seeks to ensure the ongoing health and well-being of ZASU by identifying potential obstacles and opportunities, and proposing strategies to address these.
Presides over ZASU meetings in the absence of the President.

16.3 Treasurer

Prepares and presents the ZASU yearly budget for review and approval by the ZASU Executive Committee.
Evaluates the ZASU yearly budget on an ongoing basis, modifies and re-presents as necessary to the ZASU Executive Committee for review and approval.
Prepares and presents budgets for international events and events such as the Zambia Invitational for review and approval by the ZASU Executive Committee.
Liaises with the Recorder regarding Affiliation, Registration & Entry Fees.
Sends bills/outstanding dues to Affiliated Clubs in a timely manner.
Prepares monthly receipts and payments accounts.
Maintains a register for all the equipment belonging to ZASU.
Initiates all local correspondence regarding the above, with copies to the Secretary.
Assesses the present liabilities.
Prepares the annual accounts for presentation at the AGM.

16.4 Secretary

Prepares Contact Lists for the Executive Committee Members and the Committees of Affiliated Clubs, and circulates in a timely manner.
Prepares the ZASU Handbook.
Prepares the Minutes of all ZASU Executive Committee Meetings, and circulates in a timely manner.
Assists the President in all necessary correspondence.
Liaises with the President to organize ZASU Executive Committee meetings.
Attends to all correspondences with FINA, CANA, NSC, NOC, ZASU Treasurer, ZASU Representatives.
Seeks the advice of the President on any issues of concern and, in his or her absence, that of the Vice President.
Organizes the Annual General Meeting.
Arranges for training of coaches and gala officials.

16.5 Representatives

Act as liaisons between ZASU and the Affiliated Clubs.
Encourage easy communication between club committees and ZASU.
Accept information or queries from club committees; respond or forward such information or queries to other Executive Committee members as appropriate.
Disseminate ZASU information or requests to club committees.
Compile and keep updated club committee names and contact information.
Attend club committee meetings as appropriate or necessary.
Offer regular club activity reports to ZASU.
Assist clubs prepare to host galas.
Ensure that clubs are in compliance with all appropriate financial, legal and organization matters.
Works with the Affiliated Clubs to ensure that for the time keepers and officials there is shade, snacks and drinks, a public address system, tables and chairs at every gala.

16.6 Registrar

Maintain hard copy and digital detailed records and supporting documents (Birth Certificates, photographs, passport copies) for all swimmers registered with ZASU.
Maintain and update a list of all Zambian Swimmers eligible for selection based on documentation (Birth Certificates/Passport).
Work closely with the Recorder to update the rankings, FINA points, National records, All Comers records and Age Group records after every gala.
Circulate to all clubs the above records at the end of every month.
Liaise with the Recorder, the coaches and the International Gala Coordinator on regional and international selection.
Trains an assistant for back up and in preparation for hand over.
Ensures that all swimmers who break or hold national age group records are certified, and that record files are continually updated.

16.7 International Gala Coordinator

Prepares a yearly international program of galas.
Attends to the selection of swimmers and officials for regional and international competitions and requests the ZASU Executive Committee to approve.
Distributes the final approved selection list.
Supports the Treasurer in the preparation of budgets for international galas.
Obtains times from the coaches of swimmers residing and training out of Zambia.
Acts as liaison between coaches, registrar, recorder and families of swimmers outside the country.
Attend meetings and document preparation for international events.

16.8 Recorder

Ensures that the registration with HYTEK authorities is done on time before the commencement of every session.
Is responsible for the safe custody of all the Automatic Timing equipment.
Maintains constant communication with affiliated clubs to receive entries on time.
Liaises with the Treasurer regarding the collection of entry fees, fines for No Show and Below Standard times etc.
Circulates details for Entries, No Show and Below Standard times to affiliated clubs and copies the same to the Treasurer.
Liaise with the Registrar regarding National Records, FINA Rankings and Top times.
Liaises with the International Coordinator for selections for regional and international events.
Prepare top times, rankings and FINA points on a monthly basis for circulation to all affiliated clubs.

Article 17 – Amendment To The Constitution

The Constitution shall be amended only at the General or Special Meeting of the members convened especially for that purpose by the simple majority. The proposed amendments shall be circulated to all members 14 days in advance.

Article 18 – Appeals

18.1 The Executive Committee shall hear appeals against decisions towards an affiliated member whether such decisions affect an affiliated member or an individual member, provided:

Appeals from individual members should first be heard by his/her Club, Association or Educational Institution.
All appeals must be submitted in writing to the Secretary, who shall arrange for a hearing within 21 days of the receipt of the written appeal.

18.2 In dealing with such appeals, ZASU may sit either in Committee or in General Meeting. In either case, all persons or bodies concerned in the appeal shall be given proper opportunity for stating their case. All decisions taken at such meetings shall be final.

Article 19 – Interpretation Of The Constitution, The Bye-laws & Rules

The Executive Committee is the sole authority of the interpretation of this Constitution, Bye-Laws and Rules made there-under and the decision of the Executive upon any questions of interpretation or upon any matter affecting ZASU and not provided for by this constitution or by the Bye-Laws and Rules made there-under shall be final and binding until it is ratified at the next meeting.

Article 20 – The Property Of The Union

The properties of ZASU shall be vested in two Trustees who shall be elected at any General Meetings. They shall also hold in trust any funds donated or set aside for a specific purpose. Should ZASU be dissolved for any reason the remaining assets of ZASU shall be vested in these two Trustees, who shall use them solely for purposes related to swimming or the assets shall be converted into cash and shall be distributed equally to the fully paid up members existing at that time.