KUSA Constitution & Schedules

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   THE CONSTITUTION OF THE KENNEL UNION OF SOUTHERN AFRICA            

THE ARTICLES

(Effective 01.02.2016)

1.1 ESTABLISHMENT OF ASSOCIATION
1.1.1 A voluntary Association is hereby established, for the objects and subject to the terms and conditions set forth in this Constitution;
1.1.2 The Association shall continue for an indefinite period, notwithstanding changes in its membership;
1.1.3 The Association shall have legal personality and may institute or defend legal proceedings in its own name and in accordance with the further provisions of this Constitution.

1.2 NAME
The name of the Association shall be The Kennel Union of Southern Africa.

2. INTERPRETATION OF TERMS
Throughout the Constitution and all Schedules, Rules, Regulations and By-Laws framed thereunder, unless inconsistent with the context thereof:
“Kennel Union” or “KUSA” means the Kennel Union of Southern Africa.
“Federal Council” or “Fedco” means the Federal Council of the Kennel Union of Southern Africa.
“Executive Committee” or “Exco” means the Executive Committee of the Federal Council.
“President” means the President of the Kennel Union of Southern Africa.
“Chairman” means the Chairman of the Federal Council of the Kennel Union of Southern Africa.
“Secretary” means the Secretary of the Kennel Union of Southern Africa.
“Member” means any person who has been elected to membership of the Kennel Union in terms of this Constitution.
“Household” comprises a person or a group of persons, whether related or not, who usually occupy a dwelling, or part thereof, and who provide themselves jointly with food and other essentials for living.
‘Registered Post’ or ‘Registered Mail’ shall be deemed to include any method of delivery where the consignee has to sign acknowledging receipt of the document, letter, package or parcel and shall include Recorded Delivery, Speed Services, Priority Mail, Certified Mail.
“Centre” means a geographical area of Southern Africa as defined in Article 13 of this Constitution.
“Club” means any Association, Club, League or Society of persons unincorporated by whatever style or name and includes a Training Club.
“Affiliated Club” means a Club affiliated in terms of this Constitution to the Kennel Union.
“All Breeds Club” means a Club, the objects of which include the welfare of, interest in, breeding of all recognised breeds of pure bred dogs and whose predominant activity is the provision of Championship and other Shows for dogs of all breeds.
“Group Club” means a Club, the objects of which include the welfare of, interest in, breeding of pure bred dogs all of which are classified in the same group in terms of Schedule 2, Appendix “A” or limited to a group of dogs characterised by the same physical traits or limited to a group of dogs whose country or continent of origin is the same and all of which are eligible for exhibition in any Show held by such Club.
“Specialist Club” means a Club, the objects of which include a welfare of, interest in, breeding of a recognised specific single pure breed of dog which may include facilities for training of such dogs, in accordance with training tests approved for the breed, hold Breed Shows in terms of this Constitution, provide information on breeding and rearing such dogs and generally promote the Breed through Club activities in bringing breeders, members and other interested parties together to encourage interest and involvement in Club affairs to the betterment of the Breed concerned.
“Training Club” means a Club, the main object of which is the training of dogs which may include pure bred pedigree dogs and dogs of any ancestry which are not eligible for entry to the Breed Registers of the KUSA.
“Dog Show or Shows” means any exhibition or Show of dogs as defined in Article 24 of this Constitution.
“Championship Show” means a dog Show at which the Kennel Union permits its challenge and/or other certificates to be awarded.
“Trophy Show” means any Show, Championship or Non-Championship, at which trophies are awarded.
“Discipline means a particular activity at an exhibition of dogs or competitive canine event, including those detailed in Schedule 5E, which may be held by any Affiliated Club qualified to do so in terms of the KUSA Constitution for which there is a Schedule containing Regulations for Judges, Judging, and the form in which the exhibition or competition shall take.”
(Disciplines currently recognised by KUSA are:
Breed, Obedience Classes, Working Trials (Classic), IPO, Breed Working Test, Field Trials, Dog Jumping, Agility, Dog Carting, Flyball). TT (Tracking Trials)).
“Working Disciplines” means all disciplines other than Breed.
Words importing the singular shall include the plural, words importing the masculine shall include the feminine gender, and neuter, and vice versa unless such interpretation is repugnant to the context thereof.
Income Tax Act means the Income Tax Act No.58 of 1962.
“Specialist Discipline Club” means a club, the objects of which is to promote a specific working discipline or specific working disciplines recognised by KUSA, which does not generate income from training and holds shows relating to these working disciplines in terms of this Constitution

3. OBJECTS
The objects of the Kennel Union shall be:
The administration, development, co-ordination or promotion of sport or recreation in which the participants take part on a non-professional basis as a pastime, and as detailed below:
3.1 To promote the improvement and general well-being of dogs through the Code of Ethics, regulated by the provisions of Schedule 9 (Code of Ethics);
3.2 to encourage the responsible breeding and showing of pure bred dogs;
3.3 to suppress and abolish any forms of fraudulent or discreditable conduct in canine affairs;
3.4 to regulate the holding of Training Classes and all events forming part of the Schedules of this Constitution;
3.5 to license Dog Shows, Obedience Tests, Working Trials, Field Trials and other events; 
3.6 to frame, enforce, amend and add to Schedules, Rules, Regulations, and By-Laws made under the powers conferred by this Constitution for the Conduct of Training Classes, all events forming part of the Schedules of the Constitution and the administration of all matters falling within the jurisdiction of the Kennel Union;
3.7 to maintain classifications of recognised breeds of dogs and to approve breed standards;
3.8 to register pure bred dogs and issue pedigrees, affixes and transfers of dogs and other associated transactions;
3.9 to approve the appointment of Judges to officiate at Dog Shows, Obedience Tests, Working Trials, Field Trials and other events;
3.10 to award Challenge Certificates, other Certificates, Diplomas and Trophies;
3.11 to establish, approve and maintain Provincial and Liaison Councils and other councils and committees;
3.12 to approve, recognise and register Associations, Clubs, Leagues, Societies, and other organisations concerned with canine activities and affairs;
3.13 to maintain a library and other written records relating to canine affairs;
3.14 to publish an official journal;
3.15 to investigate, examine and advise its members of legislation affecting dogs or any of the objects of the Kennel Union;
3.16 to provide premises for the transaction of its business and the use of its members;
3.17 to investigate, enquire into and adjudicate upon all complaints referred to it or initiated by the Secretary in terms of the Constitution and to arbitrate in cases of dispute submitted to it therefor;
3.18 to penalise and punish by fine, suspension, disqualification or otherwise, persons found guilty of offences, charges or infringements defined in this Constitution;
3.19 to make and enter into agreements with National Governing Bodies of canine affairs in other countries of the world and Clubs, Societies, and other Organisations domiciled within the KUSA area of jurisdiction, including those having their own Breed Registries;
3.20 to do all such things as are incidental or conducive to the attainment of these objects or any of them.

4. POWERS
For the better attainment of its objects, the Kennel Union shall be empowered to:
4.1 Give advisory opinions and make recommendations to Affiliated Clubs, Members, Local or Central Government and any bodies associated therewith;
4.2 institute enquiry into and investigation and demonstration of matters relating to any of its objects;
4.3 exercise control, through its affiliated Clubs, of television film and any other professional film taken at any Show held under its jurisdiction;
4.4 levy affiliation fees, entrance fees and subscriptions; levy insurance contributions and impose other monetary contributions as may seem necessary and expedient from time to time for the better conduct of Kennel Union business;
4.5 accept, hold and administer subscriptions, donations, legacies, bequests and other payments made to the Kennel Union for any specific purpose or for the general purposes therefor;
4.6 borrow and raise money by means of loan or bank overdraft upon such rate of interest and other terms as it may determine and may in security for such money so borrowed or so raised, pledge and mortgage any movable and immovable property, investments and security;
4.7 appeal, advertise, canvas, petition and solicit for any subscriptions and donations in money and property of every kind and description from any source;
4.8 purchase, lease, acquire, exchange or hire any movable or immovable property and any rights and privileges which are considered necessary or convenient for the promotion of its objects, and to construct, maintain, demolish or alter any building necessary or convenient for its objects;
4.9 sell, dispose of, alienate, lease, mortgage, pledge and encumber any of its assets, whether movable or immovable, which may seem necessary or convenient for the promotion of its objects;
4.10 lend money to any person, partnership, body corporate or unincorporated, or trust, upon security of mortgage bonds, pledges of movable property or upon such other form of security and upon such rate of interest as it may decide from time to time;
4.11 bind itself as surety, co-surety, co-principal debtor, and guarantor for and on behalf of any person, partnership, body corporate or unincorporated, or trust, upon security of mortgage bonds, pledges of movable property or upon such other form of security and upon such rate of interest as it may decide from time to time.
4.12 invest the Kennel Union’s monies in income-bearing securities, property, or otherwise, with further power to sell or dispose of any investments made and to reinvest and transpose any investment;
4.13 establish and support or aid in the establishment or support of any charitable activity, body, institution or association and to subscribe and guarantee money calculated to further its objects or charitable purposes of the Kennel Union;
4.14 appoint and dismiss officers, clerks and servants and to use Kennel Union funds (other than trust funds administered under the terms of the trusts) for the payment of salaries, wages, insurance, pension contributions, medical aid contributions and any other financial liability, whether it arises from contract of employment or statutory liability occasioned by the employment of such officers, clerks and servants;
4.15 delegate powers to Agents to act on behalf of Kennel Union and to engage Attorneys, Notaries and Conveyancers (with power to brief Council), Brokers, Accountants, Auditors, Secretaries, Actuaries, Valuators, Assessors, professional and other assistants whenever according to normal business needs and practice such delegation or engagement is reasonable;
4.16 institute and defend any legal proceedings;
4.17 do all other things as are incidental or conducive to the attainment of the Kennel Union’s objects or any of them.

5. COMPOSITION
5.1 The Kennel Union shall consist of all affiliated Clubs, elected members and of such other Clubs, and members elected from time to time.
5.2.1 The Kennel Union may have a Patron (who shall remain in office at pleasure), Life Members and Life Vice-Presidents and Vice-Presidents, and shall have a President, a Chairman of the Federal Council and a stipendiary General Manager 
5.2.1.1 The terms and conditions of service of any person appointed General Manager shall be determined by the Federal Council.
5.2.1.2 The General Manager may not be a member of the Federal Council. 
5.2.1.3 The General Manager shall recuse himself from that part of any meeting where his terms and conditions of service or performance are tabled or are discussed.
5.2.2 The President, the Chairman of the Federal Council and Vice-Presidents shall retire quadrennially but shall be eligible for re-election.
5.2.3 The Chairman of the Federal Council for the time being shall be the Trustee of the Kennel Union.
5.2.4 The Federal Council any Provincial, Breed or Liaison Council and any Standing, Permanent, Special, Review, Investigatory Committee or Sub-Committee thereof shall consist of current members in good standing of the Kennel Union.

6. CONTROL
6.1 All the business of the Kennel Union shall be managed by and all its powers and functions delegated to the Federal Council in which vest all control and management of the Kennel Union. Under this Constitution the Federal Council is empowered to make, amend, alter, cancel and revise Schedules, Rules, Regulations and By-Laws and to do or authorise to be done anything necessary for the advancement or fulfilment of any of the objects of the Kennel Union and of all matters incidental or conducive thereto.
6.2 Notwithstanding the previous of Article 6.1, the Kennel Union shall have at least three persons, who are not connected persons in relation to each other, to accept the fiduciary responsibility of the Kennel Union and no single person shall directly or indirectly control the decision making powers relating to the Kennel Union. 

7. OFFICE
The Office of the Kennel Union shall be at Cape Town or such other place within the Republic of South Africa as the Federal Council by unanimous vote may decide from time to time.

8. AFFILIATION
8.1 Any Club seeking affiliation to the Kennel Union shall make written application in the first instance to the Federal Council via the Provincial Council in whose area the applicant is domiciled. Where no Provincial Council has been established, the application shall be submitted to the Secretary, KUSA, direct.
8.2 The application shall be made in the form of a letter giving the applicant’s proposed title with at least two alternatives and stating whether it is intended to hold Championship Shows or Non-Championship Shows; and shall be accompanied by: 
8.2.1 two (2) copies of the applicant’s Constitution, Rules, Regulations and By-Laws;
8.2.2 two (2) copies of a statement setting out the names and addresses of members of the applicant;
8.2.3 the entrance fee payable on application for affiliation as specified;
8.2.4 a letter of sponsorship from at least one (1) Club with similar interests to the applicant as defined by reference to All Breeds Clubs, Group and Specialist Clubs, signed by the Chairman and Secretary of the sponsoring Club.
8.3 Before considering any application for affiliation, the Federal Council shall require written confirmation from the Provincial Council in whose area the applicant is domiciled that existing Clubs with similar interests to the applicant and domiciled in the same centre, have had the opportunity of expressing their views regarding the necessity or desirability of an increase in the number of affiliated Clubs.
8.4 The Federal Council may refuse to grant affiliation to the applicant. 
8.5 In the event of the Federal Council granting affiliation to the applicant, it may do so unconditionally or conditionally, and subject to such amendments to the applicant’s title, constitution and rules as it shall then impose and it shall nominate the centre within which such Club shall operate.
8.6 Upon receipt of advice granting affiliation, the applicant shall, within twenty-one (21) days, forward the appropriate fees and annual public liability insurance premium as specified and shall observe and be subject to the following obligations :
8.6.1 all amendments or alterations to existing Club Constitutions, Rules, Regulations and By-laws must be approved by the Executive Committee
8.6.2 details of every Annual General Meeting and any other Special General Meeting specifying the names of persons present and resolutions adopted, together with one copy of the annual audited accounts of income and expenditure and the Club’s balance sheet shall be forwarded to the Federal Council. Minutes of Annual/Special General meetings shall be supplied within thirty (30) days of any such meeting and the copy of the audited accounts shall be supplied once in each calendar year. The Club shall ensure that the Club officials’ (Chairman, Vice-Chairman, Secretary and Treasurer) names and contact details are sent to KUSA for recording each time there is a change.
8.6.3 if the Club suspends or expels any member for discreditable conduct or for any other cause, it shall report the matter in writing to the Federal Council within seven (7) days and shall supply further particulars required;
8.6.4 it shall remit its annual affiliation fees as specified in terms of Schedule 7;
8.6.5 it shall subscribe to and be covered by the Kennel Union’s public liability insurance, to which all affiliated Clubs are required to belong, and it shall submit all information and complete all such forms and questionnaires as may be required in connection therewith from time to time, and pay the annual premium as specified in terms of Schedule 7, on or before the first day of September in each year, if applicable. No Club shall have the right to contract out of the said public liability insurance, although a Club may arrange such additional insurance to cover specific items if considered necessary and at its own expense.

9. LOSS OF AFFILIATION
9.1 At any meeting the Federal Council may, for any one or more of the following reasons, remove any Club from the list of Affiliated Clubs, subject to the Federal Council’s decision being adopted by not less than two-thirds of the full Federal Council. Any Club so disaffiliated shall forthwith cease to enjoy the rights and privileges of an Affiliated Club and shall forfeit all rights or claim upon the funds or property of the Kennel Union. The provisions of this Article shall apply to such disaffiliated Club, mutatis mutandis.
9.1.1 Void
9.1.2 Failure to adhere to the Club Constitution which has been accepted by the Federal Council.
9.1.3 Failure to submit minutes of Annual and/or Special General Meetings together with audited financial statements and balance sheets where applicable in terms of Article 8.6.2 of the Kennel Union Constitution.
9.1.4 Failure to adhere to Kennel Union Constitutional requirements in respect of:
9.1.4.1 Any event to be held, being held or which was held under a Kennel Union licence.
9.1.4.2 Schedule of Documents and Returns to be sent to the Secretary of KUSA, Schedule 8.
9.1.5 Where the Club Committee has been seen to have acted contrary to the objects of the KUSA Constitution, Article 3. The Federal Council’s determination of what may constitute failure to adhere to any of the objects set out in the Article shall be final and binding.
9.2 Whenever an Affiliated Club’s annual affiliation fee remains unpaid one (1) month after the date of renewal, the Secretary shall send a written demand calling for payment forthwith and in the event of the fee remaining unpaid on the thirty-first (31st) day of October, the Club in default shall be removed from the list of Affiliated Clubs.
9.3 Whenever a Club has been disaffiliated under provisions of sub-paragraph 9.1 and 9.2 of the Article, it may submit a request to the Federal Council for reinstatement to the list of Affiliated Clubs and the Federal Council may, on consideration of all the circumstances, grant reinstatement on such terms and conditions as may be decided including payment of all sums due and payable to the KUSA and provided such appeal is received by the Secretary within fifteen (15) months from the date of the Federal Council’s meeting at which the decision to disaffiliate the Club was taken.

10. MEMBERSHIP
10.1 Any person seeking Membership of the Kennel Union shall make written application on such form or in such manner as the Executive Committee may prescribe from time to time, and shall despatch therewith the entrance fee and current year’s subscription fee as specified in terms of Schedule 7. An applicant who is a minor shall be assisted by his natural or legal guardian and no minor shall enjoy voting rights.
10.2 Any person who in the opinion of the Executive Committee has not misconducted himself in any way in connection with dogs, Training Classes and all events forming part of the Schedules of this Constitution or held under a Kennel Union licence, or in any way acted in opposition to the Code of Ethics, the fundamental objects and principles upon which the Kennel Union has been established, or in any other manner which would make it undesirable that he should be a Member, shall enjoy the privileges of a Member of the Kennel Union and shall be elected upon making written application on such form or in such manner as the Executive Committee may prescribe from time to time and paying an annual subscription fee as specified in terms of Schedule 7.
10.3 The Executive Committee may refuse to elect any applicant and refund any subscription fee tendered. Any application received from any person who has been expelled from membership, or who has been convicted in a Court of Law for an offence described in Schedule 1 Rule 2.4 or Schedule 9 Code of Ethics, will be rejected automatically.
10.4 Membership subscription payable by Members shall be due and payable in such manner and at such time as may be determined by the Federal Council.

11. LOSS OF MEMBERSHIP
11.1 Whenever a Member’s subscription remains unpaid one (1) month after the date of renewal, he shall ipso facto cease to be a member of the Kennel Union.
11.2 Void

12. PRIVILEGES OF AFFILIATION, MEMBERSHIP
12.1 Affiliation
12.1.1 Every affiliated Club shall be entitled to receive a free copy of the official Kennel Union Journal and free copies of all official publications issued by the Kennel Union.
12.1.2 Every affiliated Club may at any time raise any relevant issue or submit an advisory recommendation to its Provincial Council which shall, if adopted by not less than a majority of two-thirds of the full number of members of the Council, be tabled by the Chairman of such Provincial Council at the next meeting of the Federal Council.
12.2 Membership
12.2.1 Every member of the Kennel Union shall be entitled to receive copies of the official Kennel Union Journal and copies of all official publications issued by the Kennel Union.
12.3 Every person representing the Kennel Union in an official capacity, save and except members of the staff, shall be current members of the Kennel Union.
12.4 Any member may at any time raise any relevant issue or submit an advisory recommendation to his Provincial Council Chairman who shall table the same at the next Provincial Council Meeting, and if approved by not less than a majority of two-thirds of the full number of members of the Council shall be tabled at the next meeting of the Federal Council.
12.5 Any member nominated to sit on any Council, Committee or Sub-Committee of the Kennel Union shall declare within one (1) month of appointment to the Secretary in writing all their interests, of whatsoever nature, in dog related activities. Where the governing body of the Kennel Union, or such person or persons to whom the authority is delegated, determine that any interests are in conflict with those of the Kennel Union, such nominated members appointment shall ipso facto be terminated.

13. CENTRES
13.1 For better administration by the Kennel Union, the areas of Southern Africa falling within its jurisdiction shall be divided into geographical Centres as defined in Schedule 3 Regulations for Championship Shows Regulation 2.1.1.
13.2 The boundaries of such Centres enumerated therein shall be guided by but not restricted to the ordinary geographical boundaries observed by the State or Province as the case may be as at 28 February 1997.

14. FEDERAL COUNCIL MEMBERSHIP
14.1 The Federal Council shall consist of:
The Chairman of the Federal Council,
The Chairmen of the Provincial Councils, and the Vice-Chairman of the District of Gauteng & Surrounds Provincial Council, (the Provincial Council Members established in terms of Article 20 of the Constitution), and the Chairman of the Executive Committee. The Executive Committee shall not exceed in number the total number of the Provincial Council Members at any given time, all of whom shall be Members in good standing of the Kennel Union.
14.2 The Provincial Council Chairmen and, in the case of the District of Gauteng and Surrounds, the Chairman and the Vice-Chairman, shall be those persons elected at the first meeting in the alternate financial years of each Provincial Council, in terms of Article 11.2 of the Provincial Council Constitution. Should it be necessary, in exceptional circumstances, for a Provincial Council member of the Federal Council to absent himself from any meeting of the Federal Council, he shall notify the Chairman of the Federal Council who may permit the Vice-Chairman of that Provincial Council to take his place, and in the case of the District of Gauteng and Surrounds, the duly elected primary and secondary substitutes to take his/their place/s.
14.3 The Provincial Councils shall comprise:
Eastern Cape and Border
Free State (inclusive of Northern Cape)
Kwa-Zulu Natal
District of Gauteng & Surrounds
Western Cape (inclusive of Boland and Southern Cape)
Northern Areas
and such additional Provincial Councils approved by FEDCO/KUSA from time to time in accordance with the Articles and Constitution of KUSA.
14.4 On assuming office, the Chairman of the Federal Council shall instruct the Chairman of each Province and the Vice-Chairman of DOGSPC to obtain, within sixty (60) days of the receipt of such instructions, the name and written acceptance of a nominee elected by the Provincial Council to sit on the Executive Committee. If for whatever reason, nominations cannot be finalized within the 60 day period, the Federal Council shall carry out the duties of the Executive Committee wherever the Chairman of the Federal Council deems it necessary for the continuation of the efficient running of KUSA affairs. Such nominee shall remain in Office until the termination of the period of office of the Chairman of the Federal Council provided that the appointment is acceptable to all the Provincial Council Chairman of the Federal Council. Further, nothing herein shall preclude the Chairman of the Federal Council from removing from Office any member of the Executive Committee at any time subject to confirmation of the Federal Council. Such members of the Executive Committee who terminate their period of office with the Chairman of the Federal Council shall be eligible for re-appointment. Should, for any reason a member of the Executive Committee not be able to continue in Office a new Provincial nominee shall be appointed following the procedure detailed above. The Executive Committee shall from amongst themselves elect a Chairman and a Vice-Chairman. The Chairman shall represent the Committee at the Federal Council Meetings. In the absence of the Chairman the Vice-Chairman shall represent the Committee.
14.5 The Provincial Council Chairmen and Vice-Chairman of the District of Gauteng and Surrounds members of the Federal Council shall submit to the Secretary nominations for the offices of President and of Chairman of the Federal Council which shall be placed on the Agenda for the last Federal Council meeting to be held in the fourth year of the terms of office of the current President and Chairman of the Federal Council.

15. FEDERAL COUNCIL - PERSONS INELIGIBLE FOR MEMBERSHIP
No person shall be eligible for election or nomination to the Federal Council and if elected or nominated shall be disqualified from membership thereof, if he:
15.1 sustains any fine, suspension or disqualification imposed under Schedule 1 (Disciplinary Rules) or;
15.2 is elected to the committee of any organisation concerned with canine affairs with the exception of animal welfare societies, local or central government organisations which are not affiliated to the Kennel Union, unless agreed to by the majority of the Fedco.
15.3 his spouse holds any of the following offices in a Provincial Council: Chairman, Vice-Chairman;
15.4 is a paid employee of the Kennel Union, with the exception of the Chief Executive Officer.

16. FEDERAL COUNCIL - MEETINGS AND PROCEEDINGS
16.1 The Federal Council shall hold a minimum of two (2) ordinary Council meetings per annum, one (1) of which shall be in December, held between the fifteenth (15th) day of November and the fourteenth (14th) day of December in any calendar year. Ordinary and Special Council meetings shall be convened by the Secretary upon requisition by not less than (3) Provincial Council Chairmen members, the Federal Council or by the Executive Committee and twenty-eight days’ notice of any ordinary or special Council meeting shall be given to every Councillor stating the Agenda for such meeting.
16.2 At the last ordinary meeting in each calendar year held under the provisions of paragraph 16.1, in addition to any other business:
16.2.1 The Chairman of the Federal Council shall give his annual report and the Secretary shall table and the Federal Council shall consider the Audited Balance Sheet and Accounts for the year ended 31 August and the Auditor’s Report and the Federal Council shall elect an Auditor for the current year.
16.2.1.1Should the Chairman of the Federal Council resign, become ineligible to continue in Office in Terms of Article 15, become permanently incapacitated or die in Office, the Provincial Council Chairmen shall within sixty (60) days of such event elect a person to be Chairman of the Federal Council for the remaining period of the Chairman of the Federal Council’s term of Office. Until such election takes place the Vice-Chairman of the Federal Council assumes the duties of the Chairman of the Federal Council. Should the Vice-Chairman of the Federal Council resign, become ineligible to continue in the office in terms of Article 15, become permanently disabled or die in Office, the Federal Councillors shall within sixty (60) days elect from their number a person to serve as Vice-Chairman of the Federal Council for the remaining period of the Vice-Chairman’s term of Office. Should a member of the Executive Committee appointed in terms of Article 14.4 resign, become ineligible to serve in terms of Article 15, become permanently incapacitated or die in Office the Chairman of the Federal Council may nominate to the Federal Council the name of a person to become a member of the Executive Committee for the remaining period of Office of that member of the Executive Committee.
16.2.2 Where appropriate and necessary under the provisions of Article 5.2:
16.2.2.1 the Provincial Council members of the Federal Council shall elect a President and a Chairman of the Federal Council on termination of their fourth year in office.
16.2.2.2 the Federal Council shall elect from their number a Vice-Chairman who shall remain in office for a term of two (2) years
16.2.2.3 the Federal Council shall elect a Patron; Life Members; Life Vice-Presidents; and any Vice-Presidents on termination of their fourth year in office.
16.2.3 The Federal Council shall appoint sub-committees and in addition shall have the power to fill any casual vacancy on the Executive Committee provided the Councillor so co-opted is acceptable to the majority of the Provincial Council Members. In respect of the Disciplinary Sub Committee, the Federal Council shall nominate at least three (3) members of the Federal Council, who shall act as an Appeals Committee on behalf of the Federal Council to consider the written decisions on complaints, any penalties imposed by the Disciplinary Sub Committee and any notices of appeal which may have been lodged in terms of the Disciplinary Rules, Schedule 1, Rule 12.
16.2.4 At any meeting of the Federal Council or the Executive Committee, the respective Vice-Chairman may act for the Chairman in his absence. If both the Chairman and Vice-Chairman are absent the members present shall appoint from among their number, a member to preside at such meeting and the person so appointed shall exercise the powers and functions which could have been exercised by the Chairman, if present.
16.3 Every Councillor when present at a meeting of the Federal Council shall be entitled to one (1) vote and he may record his vote, or abstain from voting, upon every decision or matter calling for a vote and in the event of equality of votes cast for and against any proposal, the Chairman of the meeting shall be entitled to exercise a casting vote in addition to his deliberate vote.
16.3.1 In the matter of any decisions taken by the Federal Council in relation to the Chief Executive Officer where the President and Chief Executive Officer are one and the same person and, in the position of the President or Chairman of a meeting, he shall no longer have a casting in addition to a deliberative vote.
16.4 The Secretary shall keep or cause to be kept minutes of all Federal Council and Executive Committee meetings and of all meetings held by any further committees of the Federal Council.
16.5 The Chairman of the Federal Council’s Annual Report, the Audited Balance Sheet and Accounts, the Auditor’s Report and Minutes of all Federal Council Meetings shall be transmitted to all Affiliated Clubs as soon as convenient.
16.6 The Federal Council shall have power to regulate its own procedure for the conduct of its meetings and of meetings of its committees and for the better conduct thereof to frame and adopt By-Laws for such purposes.

17. FEDERAL COUNCIL - QUORUM AND VACANCIES
17.1 At any meeting of the Federal Council, the Chairman of the Federal Council (or the Vice-Chairman in his absence), plus four (4) Councillors, of whom at least two (2) shall be Provincial Council Chairmen, shall form a quorum.
17.2 In the event of any Councillor absenting himself for two (2) consecutive meetings without permission of the Chairman of the Federal Council, he shall cease ipso facto to be a Councillor, and if a Provincial Council Chairman or Vice-Chairman, the Provincial Council which he represents shall forthwith proceed to elect a new Chairman or Vice-Chairman and if a member of the Executive Committee a new member of the Executive Committee shall be nominated and put forward for acceptance as per procedure in Art 14.4.

18. EXECUTIVE COMMITTEE - SUB-COMMITTEES
18.1.1 The Executive Committee shall have power to establish and appoint sub-committees consisting of two (2) or more persons, who shall be Members of the Kennel Union, whether or not they are also Councillors, for the purpose of dealing with any business delegated to it by the Federal Council and subject to its right to revoke such delegation any time and may delegate to such sub-committee all or any of its functions and powers relating thereto. Such sub-committees may be either permanent, for dealing with recurring administrative or business matters, or temporary, for dealing with any special object. The Executive Committee shall have power to appoint additional persons who shall be members of any sub-committee at any time or to co-opt a member to fill a casual vacancy on any sub-committee.
18.1.2 The Executive Committee established in terms of Article 14.1 shall comprise of the Chairman Federal Council, the Chairman Executive Committee and the appointed members.
18.2 Permanent Sub-Committees appointed in terms of Article 16.2 shall be known as standing sub-committees and are listed below:
18.2.1 The Disciplinary Sub-Committee – shall consist of three (3) members of the Executive Committee. 
18.3 The Executive Committee shall have the power to establish and appoint special Sub-Committees for the purpose of dealing specially with business arising within any defined area or areas. Subject to its right to revoke such delegation at any time, the Executive Committee may delegate to such Sub-Committee, all or any of its functions and powers relating thereto.
18.4 The minutes and report of any Sub-Committee signed as correct by the Chairman thereof shall be placed before the Executive Committee at its next succeeding ordinary meeting for confirmation, adoption with or without amendment, or otherwise, as the Executive Committee may deem fit, save that in the case of the Disciplinary Sub-Committee, the provisions of Schedule 1 shall apply.

19. REVIEW AND INVESTIGATORY COMMITTEES
Having informed the Federal Council, the Chairman of the Federal Council shall have the power to establish and appoint Review and Investigatory Sub-Committees for the purpose of dealing specifically with events, procedures or the viability of future proposals. The Chairman, membership and scope of such Sub-Committee shall be given in writing by the Chairman of the Federal Council to whom the Committee Chairman shall report. Whenever a Special Disciplinary Sub-Committee is established in terms of this Article, the provisions of Schedule 1 will apply.

20. PROVINCIAL COUNCILS, LIAISON COUNCILS, BREED COUNCILS AND KUSA REPRESENTATIVES 
20.1 All persons appointed, elected, delegated or co-opted to sit on any Provincial Liaison, Breed Council, any committee or sub-committee thereof or to be a Kennel Union Representative at Licensed Shows shall be current members in good standing of the Kennel Union. 
20.2 Provincial Councils
The Executive Committee may, on request and on being satisfied that a region is able to administer its own affairs, recommend to the Federal Council that a Provincial Council be established and subject to its right to revoke such delegation at any time, may delegate all or any of its powers under this Constitution to such Provincial Council.
20.3 Liaison Councils
The Executive Committee may establish a Liaison Council to serve any area of interest, which falls across the jurisdiction of more than one Provincial Council and subject to its right to revoke such delegation at any time, may delegate all or any of its powers under this Constitution to such Liaison Council, subject to confirmation by the Federal Council.
20.4 Breed Councils
The Federal Council may on unanimous request from all the Specialist Clubs of a particular breed establish a Breed Council, the objects of which shall include the welfare of, interest in, breeding and importation of a particular breed of dog, provided the Executive Committee is satisfied that the body so formed is able to administer its own affairs and recommend to the Federal Council that such a Breed Council be established subject to its right to revoke any such delegation at any time and may delegate all or any of its power under this Constitution to such a Breed Council.

21. JURISDICTION OF KENNEL UNION
21.1 Every person:
21.1.1 making application to the Kennel Union for the registration, recording or transfer of a dog or the registration of an affix;
21.1.2 entering, exhibiting or handling a dog at a Show or other event held under Kennel Union licence;
21.1.3 taking part in, officiating or judging at a Show held under Kennel Union licence;
21.1.4 holding Membership of the Kennel Union;
21.1.5 holding membership of any Club affiliated to the Kennel Union;
shall be deemed thereby to have submitted to and agreed to be bound by this Constitution and all Schedules, with particular reference to Schedule 9, Code of Ethics, Rules, Regulations and By-Laws framed thereunder, both in respect of himself and in respect of every dog owned by him, registered or recorded in his name or owned, registered or recorded by him jointly with another or others or owned or registered or recorded in the name of a nominee, or exhibited or handled by him.
21.2 Every Club affiliated to the Kennel Union shall be deemed to have submitted to and agreed to be bound by this Constitution and all Schedules, Rules, Regulations and By-Laws framed thereunder from the date of affiliation.
21.3 Every Provincial Council, Liaison Council, Breed Council, all other Committees and Sub-Committees established by the Federal Council and/or the Executive Committee shall be deemed to have submitted to and agreed to be bound by this Constitution and all Schedules, Rules, Regulations and By-Laws framed thereunder from the date of establishment.
21.4 Every Club, Society, Association or other Organisation and the members thereof domiciled within the KUSA area of jurisdiction with whom agreement has been made in terms of Article 3.19 shall not contravene the KUSA Code of Ethics and when participating in any KUSA Licensed Event, will be deemed to have submitted and agreed to be bound by this Constitution and all the Schedules thereof.

22. RECOGNIZED SHOWS
A Recognized Show is one held under a Kennel Union License or one held by a canine organization with which the Kennel Union has an agreement. Awards gained at such a show may be added to a dog’s registered name as a prefix or suffix, in terms of this Constitution or any agreement entered into by the Kennel Union.

23. UNRECOGNIZED SHOWS
An Unrecognized Show is the converse of a Recognized Show.

24. DEFINITION OF RECOGNISED SHOWS
24.1 Recognised Shows held under Kennel Union regulations are those Shows, including Match Meetings, held under licence granted by the Executive Committee and shall comprise:
24.1.1 Championship Shows which are open Shows at which Kennel Union Challenge, and other Certificates and awards are offered for competition.
24.1.2 Non-Championship Shows are Open Shows including Qualifying Shows at which Kennel Union Challenge Certificates, and other Certificates and awards are not offered for competition.
24.1.3 Match Meetings are non-championship Shows and are competitions between two (2) or more Clubs challenging one another.
24.1.4 An FCI Show is one where a Certificate or other award offered by the Federation Cynologique Internationale (FCI) is offered for competition. 
24.2 All Shows, Championship or Non-Championship, for which a Schedule of Regulations and Kennel Union licence have been issued.

25. VOID

26. VOID

27. VOID

28. VOID

29. CHAMPIONSHIP SHOWS - FREQUENCY
29.1 No Club shall hold more than one (1) Championship Show in any calendar year, unless dispensation is granted by the Executive Committee.
29.2 No Club shall hold a Championship Show outside the centre in which such Club is domiciled, unless dispensation is granted by the Executive Committee.
29.3 Any affiliated All Breeds Club may apply to the Federal Council to hold the annual FCI Show in addition to their Annual Championship Breed Show.

30. KENNEL UNION CHAMPIONSHIP SHOW & FCI SHOWS
30.1 The Federal Council shall be empowered to hold a Championship Show under the management of its Executive Committee once in each calendar year at such time and place as it shall decide, which shall be called the Kennel Union National Championship Show.
30.1.2 The Federal Council shall be empowered to hold an FCI Show under the management of its Executive Committee once in each year, at such time and such place as it shall decide, in addition to the Kennel Union Championship Show.
30.2 All the provisions of Kennel Union regulations for Championship Shows shall apply to such Shows, save and except that it shall not be necessary to make a formal application and a licence fee shall not be payable.

31. CLASSIFICATION, REGISTRATION, RECORDING AND TRANSFERRING OWNERSHIP OF DOGS
The power to:
31.1 maintain breed registers;
31.2 maintain stud book;
31.3 recognise and classify breeds of dogs;
31.4 register dogs;
31.5 register pedigrees of dogs;
31.6 register transfers of ownership of dogs;
31.7 maintain an Obedience and Trial Dogs Record and a Development Register;
31.8 grant, register and protect Affixes;
31.9 issue certified copies of pedigrees and other records;
31.10 maintain all other records and registers incidental to the aforegoing;
shall be vested in the Kennel Union for the whole of the area under its jurisdiction and in respect of all persons and dogs falling within its jurisdiction and all matters relating to such functions shall be dealt with as set out in Schedule 2.
31.11 Each breed recognised in terms of Regulations 31.3 above shall be allocated to one of the groups as set out in Schedule 2, bearing in mind the purpose for which it was originally bred. For each breed there shall be a written description of the breed known as the Breed Standard. All Breed Standards adopted by the Kennel Union of Southern Africa shall form appendices to Schedule 2.

32. PUBLIC LIABILITY INSURANCE
Notwithstanding the obligation to every Affiliated Club to participate in and be covered by the Kennel Union’s Public Liability Insurance as more fully set out in Article 8.6.5 of the Constitution, nothing hereinbefore contained shall prevent any Affiliated Club from insuring itself and its members against the risk of public liability howsoever arising, providing any such additional protection arising therefrom shall not invalidate such Club’s compulsory participation in the Kennel Union’s Public Liability Insurance.

33. DISCIPLINARY POWERS OF FEDERAL COUNCIL
33.1 The Federal Council or the Executive Committee shall have jurisdiction to receive, consider, adjudicate and impose punishment in respect of and in connection with all complaints and objections:
33.1.1 Arising from any dog or dogs Show and any act, conduct, default or omission relating to any dog or Dog Show;
33.1.2 arising from any person or Affiliated Club in connection with any dog, Dog Show or canine affairs;
whenever any such dog, person and Affiliated Club has submitted to and agreed to be bound by this Constitution and all Schedules, Rules, Regulations and By-Laws framed thereunder.
33.2 All complaints and objections shall be made, lodged and dealt with in accordance with the Disciplinary Rules, Schedule I and any other Regulations or By-Laws which may be in force at the time.

34. KENNEL UNION FUNDS
34.1 All subscriptions, fees, fines and monies whatsoever received on account of revenue shall be deposited in the name of the Kennel Union in a recognised financial institution approved by the Federal Council and shall be withdrawn by cheques, drafts or other banking forms only, signed by any one of the following mandated persons, namely:
The Chairman, Vice-Chairman of the Executive Committee, two members of the Executive Committee nominated as approved signatories, and the Secretary, making a total of two signatures.
The Executive Committee may appoint a deputy to sign for the Secretary in his absence, for such stipulated period or periods as considered necessary and in such cases withdrawals by cheques will be countersigned by the Chairman, Executive Committee. In the absence of the Chairman cheques will be countersigned by any one of the following:
Vice-Chairman of the Executive Committee, members of the Executive Committee nominated as approved signatories
34.2 The Executive Committee shall be empowered to invest monies belonging to the Kennel Union and which are not immediately required for current purposes in any recognised financial institution registered in South Africa.
34.3 In the event of the Kennel Union being wound up or dissolved in any manner recognised by law, its net surplus shall not be distributed to its Members but after settling all liabilities, shall be donated to a charitable body concerned with the welfare of dog as may be nominated by the Federal Council at the time of such up or dissolution, provided that no amount shall be distributed to any entity which is not:
a similar public benefit organisation approved in terms of section 30 of the Income Tax Act;
an institution, board or body which is exempt from tax under the provisions of section 10(1)(cA)(i), which has as its sole or principal object the carrying on of any public benefit activity; or any department of state or administration in the nation or provincial sphere of government of the Republic, contemplated in section 10(1)(a) and (b) of the Income Tax Act.” and provided further that any assets so distributed are required to be used solely for purpose of carrying on one or more public benefits activities.
34.4 All money and property of the Association, whencesoever derived, shall be applied solely toward the promotion of its objects and no portion thereof be paid or transferred, directly or indirectly, to the members of the Association or any other person, otherwise that in the course of understanding any public benefit activity listed in the Ninth Schedule to the Income Tax Act, and the Association shall not pay any remuneration as defined in the Fourth Schedule to the Income Tax Act, to any employee, office bearer, member or other person which is excessive, having regard to what is considered reasonable in the sector and in relation to the service rendered, nor shall the Association economically benefit any person in a manner which is not consistent with its objects.
34.5 The Kennel Union shall not accept any donation which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purpose and conditions of such donation, including an misrepresentation with regard to the tax deductibility thereof in terms of section 18A of the Income Tax Act, provided that a donor (other than a donor which is an approved public benefit organisation or an institution board or body which is exempt from tax in terms of section 10(1) (cA)(i) of the Income Tax Act, which has as its sole or principal object the carrying on of any public benefit activity listed in the Ninth Schedule to the Income Tax Act) may not impose conditions which could enable such donor or any connected person in relation to such to derive or indirect benefit from the application of such donation.

35. SUBSCRIPTIONS AND FEES DUE TO KENNEL UNION
All subscriptions, fees, premiums and other monies payable to the Kennel Union in terms of this Constitution and any Schedule, Rule, Regulation and By-Law made thereunder shall be paid free of exchange and bank commission in Cape Town in terms of Schedule 7.

36. FINANCIAL YEAR - BALANCE SHEET AND AUDITOR
36.1 The Kennel Union’s Financial Year shall extend from the 1st day of September to the 31st day of August.
36.2 A balance sheet and supporting accounts shall be prepared for each financial year and shall be submitted for audit by the Auditor elected by the Federal Council.
36.3 It shall be the duty of the Auditor to examine the finances of the Kennel Union and to this end he shall have the right of access to all books, accounts and documents.
36.4 The audited balance sheet and supporting accounts signed by the Chairman of the Federal Council (or in his absence the Vice-Chairman), and the Secretary, shall be submitted for consideration to the Federal Council at its last ordinary Council Meeting in each calendar year.

37. TRUSTEE & ASSOCIATION PROPERTY 
37.1 The Trustee of the Kennel Union, subject to being authorised thereto by the Federal Council, shall have full power to institute and defend all legal proceedings instituted by or against the Kennel Union and for such purposes he shall be empowered to sign Powers of Attorney and any other legal documents required therefor on behalf of the Kennel Union.
37.2 Association Property 
37.2.1 All movable and immovable property belonging to the Association shall not form part of the personal estates of the members or of the Federal Council and shall be registered in the name of the Association.
37.2.2 All such movable and immovable property of the Association shall be applied and disposed of for the benefit of the Association and its objects in such manner as the Federal Council shall, in conformity of this Constitution, direct.

38. SECRETARY
38.1 A Secretary of the Kennel Union shall be appointed by the Federal Council.
38.2 The Secretary’s terms of appointment shall be decided by the Federal Council and thereafter, his remuneration shall be decided by the Executive Committee.
38.3 The Secretary shall be responsible to the Federal Council and the Executive Committee for the management and administration of the Kennel Union and he shall perform all such duties as the Executive Committee may from time to time prescribe in accordance with instructions given by the Federal Council and the Executive Committee.
38.4 The Secretary or his Deputy appointed in terms of Article 34.1 shall attend all meetings of the Federal Council and the Executive Committee and such meetings of committees as he may be directed and he shall ensure that the minutes of the proceedings of meetings so attended are accurately recorded.
38.5 The Secretary shall not judge or exhibit at any Show, neither shall he have any interest, whether directly or indirectly, in the purchase and sale of dogs on commission or otherwise.
38.6 The Secretary shall not communicate with the media or any journal or publication in connection with canine matters, save and except for communications expressly authorised by the Federal Council and/or Executive Committee, approved communications published in the Kennel Union Official Journal and information normally available to members and the general public.

39. INDEMNITY
39.1 All members of the Federal Council and Executive Committee and any sub-committee of the Federal Council, Provincial Council, Liaison Council or Breed Council to whom powers of the Federal Council have been delegated and the Trustee of the Kennel Union acting in the discharge of any duty entrusted to him by the provisions of Article 37, shall be and they are hereby indemnified by the Kennel Union against personal liability or loss sustained in the course and scope of and arising out of their respective duties, save where a claim is based on the gross negligence, fraud or wilful default of/by the member.
39.2 No member of the Association shall be answerable for or liable to make good any loss occasioned to or by the Association from any cause whatever, save for any loss as shall arise from a wilful act of dishonesty of the member involved. No member of the Federal Council shall be liable for any act of dishonesty committed by any member or members of the Federal Council unless he or she was a party thereto.
39.3 Any person employed by the Kennel Union in carrying out his or her duties shall be indemnified by the Kennel Union against personal liability or loss sustained in the course or scope and arising out of their respective duties provided that a claim does not arise from an employee’s gross negligence, fraud or wilful default in the exercise of their duties.

40. AMENDMENT TO CONSTITUTION
40.1 The Articles of Constitution may from time to time be added to, suspended, revoked or amended by the Federal Council, provided that every resolution therefore shall be carried by a majority of at least two-thirds of the Federal Council and the procedure in paragraphs 40.2 and 40.3 following is observed.
40.2 Whenever a resolution for an amendment to the Constitution is adopted by the Federal Council in terms of paragraph 40.1, notice therefore shall be published either in the Official Kennel Union Journal or circulated timeously to all Affiliated Clubs, Any Affiliated Club may lodge an objection to such amendment or any part thereof. 
40.3 Not less than two (2) months after publication or circulation in terms of paragraph 40.2 Whenever a majority of the overall total of all Affiliated Clubs has objected to any amendments or part thereof, such amendments or the part thereof objected to shall not be implemented, subject to the Federal Council’s right not to implement any amendment in whole when a successful objection has been sustained against a part thereof.
40.4 Any amendment to the Constitution which the Federal Council intends to implement in terms of this Article shall be published in the official Kennel Union Journal or circulated to Affiliated Clubs not later than the 31st October of the said year, but shall not be effective until the 1st day of February following or such later date as may be decided.
40.5 The requirements of this Article shall not apply to geographical name changes, matters concerning the secession of or alteration or amendments to the border of any State or province of any area currently under KUSA jurisdiction due to a political change in a particular area, corrections to numerical cross references and minor grammatical errors of no material consequence.
40.6 Notwithstanding the provisions of Article 40.5, the Kennel Union shall submit to the Commissioner for the South African Revenue Services a copy of any amendments to the Constitution.

41. AMENDMENTS TO SCHEDULES, RULES, REGULATIONS AND BY-LAWS
The Federal Council shall be empowered to issue, revise, add to, suspend, revoke, cancel or amend any Schedules, Rules, Regulations and By-Laws made under the provisions of this Constitution, provided that:
41.1 Every resolution to issue, revise, add to, suspend, revoke, cancel or amend shall be carried by a majority of at least two-thirds of the Federal Council;
41.2 notice of every issue, suspension, revocation, cancellation or amendment adopted by the Federal Council shall be published in the Official Journal or circulated to Affiliated Clubs together with notice of the date when it is to come into effect;
41.3 not less than two (2) months’ notice shall be given of every amendment to Schedule 7;
41.4 not less than two (2) months’ notice shall be given of every other form of amendment;
41.5 the requirements of this article shall not apply to geographical name changes, matters concerning the secession of or alteration or amendments to the borders of any State or Province of any area currently under KUSA jurisdiction due to a political change in a particular area, corrections to numerical cross references and minor grammatical errors of no material consequence.

42. DISPUTES
Disputes between The Kennel Union and other National Sports Bodies
Any dispute arising out of or in connection with the enforceability of this Constitution, or the application and interpretation of the provisions hereof, or any dispute between any members of the National Sports Council (NSC) or between a member and the National Executive Committee (NEC) or the NSC itself, shall be referred to the Arbitration Foundation of Southern Africa (AFSA) for resolution through mediation or expedited arbitration in terms of the Rules and Procedures for the Resolution of Disputes in Sport, prevailing at the time such dispute is so referred. In the event of arbitration in terms of the foregoing, such resolution shall be final and binding on the parties to the dispute.

43. INTERPRETATION
43.1 The Federal Council shall be the only authority for the interpretation of the Constitution and all Schedules, Rules, Regulations and By-Laws made thereunder.
43.2 The decision of the Federal Council upon all questions of interpretations and its decision upon any matter affecting or relating to Affiliated Clubs, dogs registered at the Kennel Union and recognised dog Shows which is not provided for in this Constitution or any Schedules, Rules, Regulations and By-Laws shall be final and binding.

© The Kennel Union of Southern Africa 1989.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior permission in writing from the publisher.

ISBN 0-9584208-1-5

Fedco 05-2009 (effective date 01.01.2010)
Fedco 05-2010 - Most recent changes to The Articles has an effective date of 01.01.2011
Fedco 05-2013/Fedco 08-2013 – Most recent changes to The Articles has an effective date of 01.02.2014
Fedco 06-2015/NP/Updated 31.07.2015

Most recent changes to The Articles has an effective date of 01.02.2016

By-Laws for National Sub-Committees

Posted in KUSA Constitution & Schedules

  BY-LAWS OF THE KENNEL UNION OF SOUTHERN AFRICA AS ESTABLISHED 

UNDER ARTICLE 6.1 OF ITS CONSTITUTION: 

NATIONAL SUB-COMMITTEES
A A standardised “format” for National Sub-Committees has been established. This format, on establishment of the relative sub-committee may be adjusted to meet any circumstances relative to that sub-committee by the Fedco. 
B (1) The following Committees are formed in accordance with A above – each Sub-Committee is governed by its own law; any variation must be approved by the Fedco. 
(2) List of National Sub-Committees (which may be amended from time to time by the Fedco): 
1 National Breed Judges Sub-Committee (NBJSC)

  • a National Agility Sub-Committee (NAgSC)
  • b National Obedience Sub-Committee (NObSC)
  • c National Working Trials Sub-Committee (NWTrSC)
  • d National IPO Sub-Committee (NIPOSC)
  • e National Dog Jumping Sub-Committee (NJuSC)
  • f National Carting Sub-Committee (NCaSC)
  • g National Flyball Sub-Committee (NFSC)
  • h National Aptitude sub-Committee (NApSC)

The Convener of each National Sub-Committee shall sign the relative original By-Law document, together with the Chairman of Fedco as an indication that all parties are in agreement therewith and will abide by its conditions. By-Laws for National Sub-Committees Fedco 05/10 – MB – 23 Dec 2010 Page 2 of 5 
BYLAWS FOR THE NATIONAL _______ SUB-COMMITTEE OF THE FEDERAL COUNCIL OF THE KENNEL UNION OF SOUTHERN AFRICA

1. NAME 
The name of the Body shall be the “National _________ Sub-Committee of the Federal Council of the Kennel Union of Southern Africa”. Hereafter referred to as the “N_C” in this document. 

2. AREA OF OPERATION AND JURISDICTION 
The N_C established in terms of Article 6 of the Kennel Union of Southern Africa Constitution shall operate nationally concerning matters related to the Activity of _______ under the Constitution of the Kennel Union of South Africa, including all its Appendices. 

3. INTERPRETATION OF TERMS 
Throughout these Bylaws and any regulations or bylaws framed thereunder, unless inconsistent with the text thereof and unless specific to the Constitution of the Kennel Union of Southern Africa, the Interpretation of Terms shall be those defined and listed in Article 2 of the Constitution of the Kennel Union of Southern Africa, together with those defined as follows:- 
3.1. “National _______ Sub-Committee” means a National Sub-Committee upon which the Federal Council has conferred powers for the representation of National _______ matters and specifically the co-ordination of regulations governing _______ in South Africa. 
3.2. “Provincial _______ Sub-Committee” means a Provincial Sub-Committee upon which the Provincial Council has conferred powers for _______ matters in the Province. 
3.3. “N_C” means the National _______ Sub-Committee of the Federal Council. 
3.4. “Convener” means the Convener of the said N_C who shall be qualified at the highest level in this Discipline. 
3.5. “Secretary” means the Secretary of the N_C, unless otherwise stated. 
3.6. “Representative” means a nominee elected by the _______ Sub-Committee of his Provincial Council in terms of Article 6 of this Constitution to represent the Province Council on the N_C. 
3.7. “Federal Council” means the Federal Council of the Kennel Union of Southern Africa. 
3.8. “Per annum” means from the first day of September in the one (1) year until and including the thirty-first day of August in the following year. 
Words importing the singular shall include the plural, words importing the masculine shall include the feminine gender and neuter, and vice versa, unless such interpretation is repugnant to the test thereof. 

4. OBJECTS 
The Objects of the N_C shall be: 
4.1. to provide a single body representative of all Provincial _______ Sub-Committees. 
4.2. to provide the means of closer co-operation and liaison between Provincial _______ Sub-Committees with particular reference to the activities promoted by such Sub-Committees and proposed amendments to the relative Schedule(s) governing the activities of _____. 
4.3. to consider any proposed alterations and amendments to the said Schedule(s) governing the activities of ______. 
4.4. to provide a channel of communication between Provincial _____ Sub-Committees and the Convener representing the N_C. 
4.5. to assist and represent the Federal Council in its dealings and communications with members of Provincial ______ Sub-Committees and to perform such other functions as may be delegated to it from time to time by the Federal Council. 
By-Laws for National Sub-Committees Fedco 05/10 – MB – 23 Dec 2010 Page 3 of 5 
4.6. to consider and promote amendments relating to the Schedule(s) and appendices that govern the running and management of ______, such amendments to be passed by a ⅔rds majority vote of the N_C. 
4.7. to present to the Federal Council for approval any proposed amendments relating to the Schedule(s) and appendices governing the running and management of _____. 
4.8. to observe, promote, support and uphold, in all its activities, the principles of the Kennel Union and, in particular, to encourage responsible ownership of dogs, to promote improvement, training and general well being of dogs and to encourage the observance of the code of ethics, Schedule 9 
4.9. to provide a channel of communication to The Federal Council. 

5. POWERS 
5.1. Deal with those matters affecting the administration of _____ affairs nationally, which The Federal Council decides may be more efficiently dealt with by the N_C. 
5.2. Do all such other things as are incidental or conducive to the attainment of the N_C’s objects 

6. COMPOSITION 
6.1. The N_C shall be composed of one representative each from the Provinces as laid down in Article 14.3. who shall all serve for a period of four (4) years. The initial period will commence as from the 1st January 2010. 
6.2. Representatives shall be elected by the members of their respective Provincial _____ Sub-Committees; if during the period of four years the person so elected for some reason is not able to continue with their duties the Provincial sub-committee concerned has the right to elect a replacement for the remaining period of the original representative. 
6.3. Whenever a new representative is elected by his Provincial _____ Sub-Committee, his membership to the N_C shall commence from the date of election and no other formality shall be required to retain membership taking into account the provisions in 6.4 and 6.7. The representative shall on election to the N-C declare his “domicilium et citandi” for the purpose of receiving notices/documents. The representative shall be solely responsible for advising any alterations to his domicilium (see Notices ) 
6.4. No elected representative may represent more than one (1) Province on the N_C. 
6.5. Representatives must be eighteen (18) years or older at the time of election to the N_C; 
6.6. At the beginning of each period as defined in 6.1. all representatives shall present their credentials and satisfy the meeting of their appointment thereto. Every representative shall notify the N_C Secretary of an address to which all notices intended for the Provincial _____ Sub-Committee represented by him shall be sent and inform the N_C timeously of address changes; 
6.7. Representatives shall be members in good standing of the Kennel Union and should preferably be senior Judges licensed by the Kennel Union. 

7. LIABILITY 
7.1. The N_C is not formed for the purpose of carrying on any business or enterprise that has for its object the acquisition of individual gain by its members and/or the Provincial Sub-Committees they represent. 

8. ADMINISTRATIVE EXPENSES 
The N_C shall be funded by the Kennel Union on such terms and conditions as may be decided by the Federal Council. 
8.1. Claim reimbursement from the Kennel Union for necessary travelling and out of pocket expenses incurred by its members in the attendance of N_C meetings and upon N_C business. By-Laws for National Sub-Committees Fedco 05/10 – MB – 23 Dec 2010 Page 4 of 5 

9. MANAGEMENT 
9.1. All the business and affairs of the N_C shall be managed and controlled by the representatives’ elected in terms of Clause 6 who shall have full power and authority to carry out all or any of the objects and to exercise all or any of the powers set forth in these articles. 
9.2. The N_C shall hold a meeting (in terms of 10.1) between the first day of January and the last day of March each year to be designated the Annual General Meeting at which the Convener shall report on the activities of the N_C since the last Annual General Meeting. 
9.3. Nominations for the position of Convener, together with signed acceptances of nomination, shall be in the hands of the N_C Secretary not less than thirty (30) days before the date of the Annual General Meeting held at the beginning of the four year period (refer 6.2 above). Nominees shall be both accredited members of their Provincial _____ Sub-Committee and members in good standing of the Kennel Union. 
9.4. At such meeting, where applicable and necessary, the members shall elect from amongst themselves a Convener who shall hold office for a period of four (4) years and who will retire at the close of the fourth meeting following their election, unless re-elected for a further term. Following election and for the term of his office the Convener shall continue to represent his Provincial _____ Sub-Committee. The Convener shall be elected by a simple majority. 
9.5. The N_C shall appoint a suitable person to be Secretary of the N_C who need not be an official member or a representative and the Secretary shall hold appointment for such period of time as the N_C may decide. 
9.6. In addition to but without derogating from its general authority, the N_C may perform all acts and deeds and do all things which are consistent with these Articles. 

10. MEETINGS 
10.1. The business and all meetings of the N_C shall be carried out through the medium of e-mail or teleconferences and only under very special circumstances (with KUSA’s approval) can a face-to-face meeting be convened. 
10.2. The N_C shall hold at least one meeting per annum and this may be the Annual General Meeting. The N_C may meet as often as its members deem necessary or convenient. 
10.3. Minutes of every N_C meeting shall be recorded by the Secretary, or, in his absence, by some suitable person appointed by the N_C to act as Secretary for that meeting. 
10.4. The Secretary shall summon a Special Meeting of the N_C upon receiving a written request on behalf of not less than two (2) members of the N_C specifying, in general terms, the business to be brought before such meeting. A Special Meeting summoned in terms of this provision shall be convened within thirty (30) days of receipt of the request therefore. In the case of a Special or Emergency meeting, where necessary, telephonic conference will suffice, providing it is properly minuted. The Agenda of such Special Meeting shall be limited to the terms of business specified in the request and all discussion at such meeting shall be confined to such business. 
10.5. The Convener shall act as Chairman at all meetings of the N-C. Should the Convener not be able to be present the members so present shall appoint from amongst their number a member to preside at such meeting and the person so appointed shall exercise the powers and functions which could have been exercised by the Chairman if that person had been present. 

11. AGENDA AND MINUTES 
The N_C Secretary shall send written notice by pre-paid post, telefax or by electronic mail at the discretion of the N_C Secretary, to each member’s address notified in terms of Clause 6.6 hereof giving all members not less than thirty (30) days notice of every meeting, specifying the date, time and venue thereof. Every such notice shall include a copy of the Agenda. The unconfirmed minutes of all meetings shall be sent out by the Secretary for confirmation by all representatives not less than thirty (30) days after the date of the meeting. All representatives shall confirm and adopt or correct said minutes within 14 days of receipt. By-Laws for National Sub-Committees Fedco 05/10 – MB – 23 Dec 2010 Page 5 of 5 12. NOTICES 
Any notice required or permitted to be given shall be valid and effective only if given in writing (e-mail/telefax included). 
Any notice given which: 
12.1. is delivered by hand during normal business hours at the representatives domicilium shall be presumed, until the contrary is proved, to have been received at the time of delivery. 
12.2. is posted by pre-paid post from an address within the Republic of South Africa to the representative, shall be presumed , until the contrary is proved, to have been received by the seventh (7) day after date of posting. 
12.3. is given by e-mail/telefax shall be deemed, in the absence of proof to the contrary, to have been received within twenty four (24) hours of the commencement of the following business day (ie any time of the week excluding Saturdays, Sundays and Holidays.) 

13. VOTING 
13.1. The representative of each Provincial _____ Sub-Committee represented on the N_C shall be required to exercise a deliberative vote. The Convener is entitled to a deliberative vote only and not a casting vote. 
13.2. Voting shall be exercised openly and shall be recorded by the Secretary. The number of votes cast for and against a motion shall be recorded and the Secretary shall record the name of each representative. 
13.3. Voting upon all motions shall require a proposer and a seconder, in the absence of which the motion shall fail. A simple majority of votes of the total number of representatives shall decide any question put to the vote at any meeting of the N_C. 
13.4. In the case of the recorded votes being divided equally for and against a motion, further deliberations shall be held in order to reach a compromise. If no compromise can be reached, the motion shall be referred to the next meeting of the N_C. In the interim, representatives shall refer the said motion to their Provincial Sub-Committee for further discussion at Provincial level. 
13.5. The N_C may, at any time, raise any relevant issue or submit an advisory recommendation which shall, if adopted, be tabled by the Convener of the N_C at the next meeting of the Federal Council. 

14. SPECIAL OBLIGATIONS 
The N_C shall send copies of its Confirmed Minutes of all meetings, including Special Meetings held pursuant to the provisions of Article 10 hereof, to The Kennel Union. Any resolutions reached pertaining to proposed amendments or alterations to the relative Schedule of the Constitution of the Kennel Union of Southern Africa or any of its Appendices shall be included as an attachment to such Minutes.

Constitution and Schedules

Posted in KUSA Constitution & Schedules

  THE KENNEL UNION OF SOUTHERN AFRICA CONSTITUTION AND SCHEDULES 1989   


6th Floor, ‘Bree Castle’, 68 Bree Street, Cape Town 8001 PO BOX 2659, Cape Town 8000 (021) 4239027/8, Fax (021)4235876, Cables “Kennel”, Cape Town e-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it. Web : //www.kusa.co.za

First Edition 1975
Revised Edition (containing all amendments to 30 April 1984) - July 1984
Second Edition (revised to include all amendments to December 1997) - 1997
Prelims amended to July 1998
Revised to include all amendments to December 2002.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Federal Council of the Kennel Union of Southern Africa in whom copyright is vested.
Note : The Prelims, Articles & Schedules are reprinted 
individually when necessary & updated on reprint.
CONTENTS
A Short History of the Kennel Union
The Articles of the Constitution
Schedule 1
Disciplinary Rules 
Schedule 2 
Regulations for Classification
Registration and Transfer of the Registered Ownership of Dogs
Schedule 3
Regulations for Championship Shows 
Schedule 3A
Regulations for International Dog Shows (FCI)
Schedule 4
Regulations for Non-Championship Shows
Schedule 4A 
Regulations for Qualifying Shows
Schedule 5A
Regulations for Obedience Classes
Schedule 5B (1)
Regulations for Working Trials (Classic)
Schedule 5B (2)
Regulations for IPO (Internazionale Profung Ordung)
Schedule 5B (3)
Regulations for International Tracker Trials (ITT)
Schedule 5C (1) (Retrievers)
Regulations for Field Trials (Retrievers)
Schedule 5C(2)
Regulations for Field Trials (Spaniels)
Schedule 5C (3) Regulations for Field Trials (Breeds which Hunt, Point and Retrieve) (HPR)
Schedule 5C (4)
Regulations for KUSA Shooting Dog Ratings (NYP)
Schedule 5D
Regulations for Jumping Grades 
Schedule 5E(1)
Regulations for S.A.L.K.A. Junior Dog of the Year
Schedule 5E(2
Regulations for The TKC Inter-Provincial and TKC Supreme Champion of the Year Competitions 
Schedule 5E(3)
Regulations for the Southern African Working Dog Open Stakes (NYP)
Schedule 5E(4)
Regulations for the Dog Jumping Championship of Southern Africa
Schedule 5E(5
Regulations for the Pretoria Kennel Club Champion of Champions Class
Schedule 5E(6)
Regulations for the KUSA/IPO Annual Event (Meisterschaft)
Schedule 5E(7)
Regulations for the Goldfields Dog of the Year Competition
Schedule 5E(8)
Regulations The Gordon Taylor Memorial Competition for the Owner/Breeder of the Year
Schedule 5E(9)
Regulations for the Pretoria Kennel Club Puppy Premium Class and Open Premium Class 
Schedule 5E(10)
Regulations for the Kwa-Zulu Natal Top Dog Competition
Schedule 5E(11)
Regulations for the Kennel Union National Awards
Schedule 5E(12)
Regulations for the Children’s Handler and Junior Handler of the Year Competition
Schedule 5E(13)
Regulations for the Kennel Association All Breeds Supreme Puppy of the Year Competition
Schedule 5E(14)
Regulations for the Western Cape Top Dog Competition
Schedule 5E(15)
Regulations for KUSA “Registered” Special Events
Schedule 5E(16
Regulations for the National Dog Show Jumping League
Schedule 5E(17)
D.O.G.S. Best of the Best Competition
Schedule 5E(18)
Rottweiler Grand Victor and Junior Grand Victor Competitions NYP/ND
Schedule 5E(19
Not yet allocated
Schedule 5E(20)
Not yet allocated
Schedule 5F
Regulations for Breed Assessments
Schedule 5G
Regulations for Dog Carting
Schedule 5H (1)
Regulations for Breed Working Test (BWT)
Schedule 5H (2)
Earthdog Tests
Schedule 5J (IPO)
Regulations for Registered Competition Assistants (IPO)
Schedule 5K
Regulations for Children’s Handler and Junior Handler Classes
Schedule 5L
Regulations for Agility Grades 
Schedule 5M
Regulations for Flyball (not yet published)
Schedule 5N
Not yet allocated
Schedule 5P
Not yet allocated
Schedule 6Regulations for the Executive Committee
Schedule 6A
Regulations for the Permanent Sub-Committees of the Federal Council/Executive
Committee
Schedule 7
Subscription and Fees
Schedule 8
Schedule of Documents and Returns to be sent to The Secretary
Schedule 9
Code of Ethics
Schedule 10
Not yet allocated

KUSA History

Posted in KUSA Constitution & Schedules

      THE KENNEL UNION OF SOUTHERN AFRICA A SHORT HISTORY 1989                  


Prior to 1891 two dog clubs existed in Southern Africa - the South African Kennel Club of Port Elizabeth and the South African Kennel Club of Cape Town. The former was established and held its first show in 1883; Cape Town following suit in December 1889. These clubs subsequently changed their names to the Port Elizabeth Kennel Club and the Cape Town Kennel Club respectively. These clubs were the foundation clubs of the South African Kennel Club (S.A.K.C.) which changed its name in 1919, after the Kimberley Conference, to the South African Kennel Union (S.A.K.U.) and on 1 June 1964 to the Kennel Union of Southern Africa (K.U.S.A.).

These two clubs were joined in 1894 by the first club in the Transvaal, The Transvaal Kennel Club and by the Craddock, East London, Grahamstown and Queenstown Kennel Clubs in 1895, but the last three were never really permanent, fizzling out after holding one show. These were followed in 1899 by the S.A. Collie and Sheepdog Club, the Durban Kennel Club and the King Wlliam’s Town Kennel Club. Of all these clubs the only one which has been affiliated continuously, since its first affiliation, is the Port Elizabeth Kennel Club. The others having either vanished for ever or had a patchwork history.
The office of the controlling body was established in Cape Town. The Committee consisted of delegates from the affiliated clubs, the first Hon. Secretary being Mr. R.G. Dexter. A system of registration was initiated, with a fee of 2/6d (25c) for each dog and a register was opened. The first registration effected was “Plume”, a Wire-haired Fox Terrier bitch by “Barton Broom” ex “Perfection”, on the 23rd June 1891, the owner being Mr. A. Bell.

Great credit is due to the energy and resources of Mr. R.G. Dexter in the building up of the South African Kennel Club. He continued in office until 1899, when the office was removed to Johannesburg, as no fancier could be found to take over his duties, of which he was anxious to be relieved. 
A meeting of delegates was held in Johannesburg on the 4th May 1899, the following clubs being represented : Transvaal Kennel Club,S.A. Collie and Sheepdog Club, Queenstown Kennel Club, Grahamstown Kennel Club, Durban Kennel Club, Port Elizabeth Kennel Club, Cape Town Kennel Club and King William’s Town Kennel Club. Mr. J.H. Butterworth occupied the chair and the meeting, after recording its appreciation of the valuable services rendered to the club by Mr. R.G. Dexter, appointed Mr. Frank Elkington as Secretary.
At this meeting it was resolved that the number of points for wins in open competition to entitle a dog to obtain the prefix of Champion should be twelve, to be awarded as follows : Transvaal, Durban, Port Elizabeth and Cape Town shows,
three points : Grahamstown, Queenstown, King William’s Town shows, two points; East London and S.A. Collie and Sheepdog Club shows, one point.
It was also resolved at the same meeting that the cropping of dogs’ ears cease on and after the 1st June, 1899, and that any dog cropped after that date be disqualified.

After this the Anglo-Boer War intervened and the next meeting of the South African Kennel Club was held in Cape Town on the 11th November 1902. Delegates were present from Cape Town Kennel Club, Transvaal Kennel Club, Natal Kennel Club (replacing the Durban Kennel Club), S.A. Collie and Sheepdog Club, Queenstown Kennel Club, King William’s Town Kennel Club and the Western Province Canine Association. Mr. J. Harpur of the Cape Town Kennel Club was in the chair. In June of the same year the first dog show in Natal was held by the Natal Kennel Club.
On the 20th June 1903, at a meeting of delegates of clubs, it was decided to return the office to Cape Town and to vest the governing power in a committee of seven, to be elected annually by affiliated clubs. The first Committee was elected at a meeting held in Cape Town on the 18th July 1903, the members being : Mr. Advocate B. Upington, M.L.A., Lt.-Col. T.E. Lawton, D.S.O., Dr. E.P. Landsberg and Messrs. G.G. van Zyl (subsequently the Governor General of the Union of South Africa), E.K. Green, J. Harpur and A.S. Fowler. Mr. Upington was elected Chairman, with Mr. Fowler as Secretary.
The aftermath of the war showed progress in dogdom all over South Africa. The most notable event in 1903 was the formation of the Kimberley Kennel Club and the holding of its first show with an entry of 270 dogs, although it did not become affiliated until two years later. The Transvaal Kennel Club held its last show in Plunket’s Pavilion on the 19th and 20th June with an entry of 365 dogs and soon after became defunct. It was not until 1905 that the Witwatersrand Kennel Club arose out of the ashes of the old club.
The first record of the Pietermaritzburg Kennel Club appears in October 1903 and several specialist clubs also came into being during that year.

In the year 1905 differences of opinions in the fancy led to the formation of the Kennel Association in Cape Town and the Witwatersrand Kennel Club in Johannesburg, neither club seeking affiliation with the South African Kennel Club. Both clubs held their first shows under their own rules; with a record entry of 692 dogs put up by the Witwatersrand Kennel Club. There were 14 shows held in 1905 by the following clubs : Natal Kennel Club, Transvaal Terrier Club, Bloemfontein Kennel Club, Western Province Kennel Club, East London Kennel Club, Kimberley Kennel Club, Witwatersrand Kennel Club, the Kennel Association, Cape Town Collie Club,Transvaal Terrier Club, Turffontein & Suburban Fanciers Association, East London Kennel Club, Western Province Bulldog Club, Natal Terrier Club, S.A. Fox Terrier Club & The Suburban Kennel Club.
Differences between the clubs were adjusted with little delay at a conference of all clubs held in Queenstown during 1905. At the instigation of the club at that centre, new rules were drafted and from the year 1906 clubs accepted the control of the governing body. The clubs affiliated at the time were : Witwatersrand Kennel Club, Pretoria Kennel Club, Queenstown Kennel Club, Kimberley Kennel Club, Natal Kennel Club, Port Elizabeth Kennel Club, Bloemfontein Kennel Club, Western Province Kennel Club, Woodstock Kennel Club, Kennel Association, Cape Town Collie Kennel Club, Transvaal Terrier Club, Turffontein and Suburban Fanciers’ Association, East London Kennel Club, Western Province Bulldog Club, Natal Terrier Club, S.A. Fox Terrier Club and the Suburban Kennel Club.
In 1908 three new clubs were affiliated : The East Rand Kennel Association, The South African Great Dane Club and the Oranje River Colony Kennel Club, the last superceding the defunct Bloemfontein Kennel Club.
The following year six clubs were affiliated of which in 1998 five still exist, namely, Pietermaritzburg Kennel Club, S.A. Bulldog Club, East London Kennel Club, Bulawayo Kennel Club and Goldfields Kennel Club. According to the S.A.K.C. Gazette, only one club became affiliated in 1910 - The Kimberley Kennel Club. Unfortunately, over the years the Gazettes for 1911 were lost and not even the State Library has any copies. None of the clubs affiliated in 1912 still exist. The Annual Report does, however, mention there is mutual protection for Affixes between the S.A.K.C. and The Kennel Club. 
Nothing of significance occurred in 1913 but 1914 saw the affiliation of the S.A. Toy Dog Club and the South African Ladies Kennel Association. In that year 1219 dogs were registered and there were 29 affiliated clubs.

The affairs of the South African Kennel Club progressed satisfactorily until the outbreak of the First World War in 1914. The conference in that year at Port Elizabeth re-elected the Committee consisting of Messrs. G. Brand van Zyl, H.P. Solomon and Advocates B. Upington, K.C. and C. Gutsche. A conference was to be held in Durban in July 1915 but was postponed to 1919 when the delegates met in Kimberley on the 7th October 1919, under the Chairmanship of Mr. G. Brand van Zyl, M.L.A. In his opening remarks the Chairman said he wanted to make a fresh start and get all the clubs in the country affiliated; at present only five clubs were affiliated. At this conference the Prime Minister, General the Rt. Hon. J.C. Smuts, was elected President in the place of the Rt. Hon. W.P. Schreiner. 
The most significant occurrence in the next decade was the recognition of the Rhodesian Ridgeback in 1924 as Southern Africa’s first, and so far, internationally accepted breed of pure bred dogs. The 1920's also saw the affiliation of the first specialist club for German Shepherd dogs together with the first club founded in Namibia.
The Union progressed uneventfully until 1932 when the affairs of the Kennel Union in that year underwent a change. A new constitution was drafted by Advocate J. Tilson Barry, K.C., Dr. Archibald Gow and Mr. W.H.G. Furnivall, and was adopted by the most representative conference yet held when the representatives of 25 clubs met in the City Hall, Kimberley, on the 29th and 30th September 1932, under the Chairmanship of Mr. A.W. Macey. From that year the old governing Committee, elected by Conference, disappeared and was replaced by a Federal Council. The adoption of the Constitution was unanimous.
From 1933 to 1988 the sole responsibility for government of the Kennel Union was vested in the Federal Council. The centres containing the affiliated clubs each having the right to elect a member of the Council (in later years two for the Transvaal), and the annual conference became an advisory body. A noteworthy change at the same time was the introduction of awards of Challenge Certificates in place of points as qualifications towards championship status.
During the Second World War (1939-1945) there was, at most, a total lack of imported dogs to widen the genetic pool of locally bred dogs. However, almost as soon as the War ended not only was there a relative flood of imports for existing breeds but a considerable number of new breeds not only were registered but found their place in the show ring. In 1945 there were 90 breeds recognised by the S.A.K.C. In 1998 this had doubled to 183.

On the 1st June 1964, the name of the South African Kennel Union changed to the Kennel Union of Southern Africa. The reason for this was because during a large part of its history there were affiliated clubs in Namibia (formerly South West Africa), Zimbabwe (formerly Southern Rhodesia) and Zambia (formerly Northern Rhodesia), especially when the latter territory formed part of the Federation of the Rhodesias and Nyasaland. Thus the change in the title followed both dictates of history and logic.
Historical change within Southern Africa resulted in the formation of The Kennel Association of Zambia on 1st October 1974. Eleven years later the Zimbabwe Kennel Club was formed on 1st September 1986, with considerable help from KUSA, which resulted in the number of affiliated clubs dropping from just under 200 to 165, and the combination of the Offices of Chairman of the Federal Council and President of KUSA.
When the Federal Council was created in 1932 communication was largely either by letter or by train and it made sense for the twenty odd affiliated clubs, scattered throughout the country, to elect people who lived in Cape Town, the headquarters of the Union, to represent them. During the next fifty years the situation changed rapidly and by 1987 communication by telephone, telefax and air were commonplace. It was then that the sitting Federal Council issued a Statement of Intent to restructure the governing body of the Union so that the affiliated clubs would have more direct representation.
A new structure was formulated in which the Federal Council had two elements, the Chairman of the various Provincial Councils and an Executive Committee appointed by the President, whose members were accepted by the Provincial Council Chairman. In order that there should be a balance of power, it was resolved that the Executive Committee, including the President, could not exceed the total number of Provincial Council Chairmen. Furthermore, whereas the whole Federal Council would be responsible for policy matters, the Executive Committee would, as was the case with the previous Constitution, act in day-to-day administrative matters. This new structure of the Federal Council came into effect on 1st January 1989.
The present success of the Kennel Union, over the years, is due to the fact that it rests on foundations laid by the Late Thomas McQueen, who was Secretary from August 1930 until his untimely death in December 1959. He lived for the world of dogdom. The status and the reputation of the organisation he built is essentially a monument to himself. Mr. McQueen was always self-effacing and his modesty such that he neither knew nor appreciated that he was adding lustre to a name which will endure as long as dogdom lives on in the Republic. His widow, Mrs. E.M. McQueen, carried on after he died and for the six months after her husband’s death was Acting Secretary. In July 1960 Mrs. McQueen was confirmed as Secretary, a position in which she did sterling work until her retirement in September 1971 (she died in July 1985). However, the name of the McQueen family will not be lost to the Kennel Union as it is enshrined in the McQueen Memorial Reference Library and the Thomas McQueen Trophy which is awarded to the dog achieving the title “KUSA National Dog” at the KUSA National Awards. These were instituted in 1989 so that in addition to the best breed (conformation) dog there would be national awards for the best dog in each of the various working disciplines. This competition was first held in 1989 in Kimberley. It was also in that year that the competition of Children’s and Junior Handler of the Year was instituted; an event created to encourage young people into dog sport and improve the standard of handling.

Mrs. McQueen’s successor as Secretary was Mr. R.M. Murchie who, having been Acting Secretary for some months, took up the post in December 1971. Mr. Murchie, who died in October 1996, had retired in October 1989 after eighteen years service with the Union. During his term of office he saw, among other things, two complete revisions of the Kennel Union Constitution, the computerisation of the office (1984) and the introduction of staff Medical Aid and Pension schemes. He was succeeded by Mr. P.C. Collins who died suddenly in office in March 1993. Short though his term was, Mr. Collins saw several major events during his secretaryship - the Centenary of the Union (1991) and the Centenary All Breeds Championship Show, the introduction of the second generation main frame computer and the moves which culminated in the Union becoming a full member of the Federation Cynologique Internationale (FCI) in 1993, having been an associate member since 1961.
Having acted as Deputy Secretary for some months following the death of Mr. Collins, Miss S.A. Thornberry was appointed Secretary in November 1993. Although this was the second time a lady had been appointed to the post, it was the first time anyone from within the existing staff had been appointed to the position.
The introduction of Universal Suffrage to South Africa in April 1994 opened the door for the Union to become a full member of the South African National Sports Council. In 1994 an agreement was reached with the South African Boxer Association (S.A.B.A.) and in 1997, after many years of negotiation, a similar arrangement was concluded with the South African German Shepherd Dog Federation.
Between 1994 and 1998 intensive work brought to fruition the introduction of the Canine Good Citizen Tests, Flyball and Agility.
In September 1996 Mr. H.S. Pretorius passed away. Probably one of the best known personalities in dogdom for nearly thirty years, he was known as the “Dogfather”. Mr. Pretorius was, for many, many years, both Chairman of the Transvaal Provincial Council of KUSA and Chairman of Goldfields Kennel Club.
The number of clubs affiliated to the Kennel Union in July 1998 (when this history was updated) stood at 189. A continuous record of registration of dogs has been kept since the first entry in 1891. Initially these were handwritten into special ledgers. In 1944 the ledgers were superceded by bound books of typed copies of Registration Certificates. The advent of computerisation saw a change to the records, these now being kept in the computer data bank.
Presently the Kennel Union is the internationally recognised representative of pure bred dogdom in South Africa, Namibia, Botswana, Lesotho and Swaziland. Reciprocal agreements are in force between the Union and many other similar bodies throughout the world.

PATRON

W.E.A. McBride, Esq. 1971-1984
Vacant 1984-

PRESIDENTS

  • Lt.-Col. T.E. Lawton, D.S.O.1903-1909
  • Rt. Hon. W.P. Schreiner, K.C. 1909-1919
  • General, The Rt. Hon. J.C. Smuts  1919-1920
  • Paul Selby, Esq.  1920-1929
  • R. Phillipson-Stow, Esq. 1929-1932
  • Advocate J. Tilson Barry, K.C. 1933-1941
  • The Hon. H.G. Lawrence, K.C., M.P. 1941-1947
  • A.J. MacCallum, Esq. 1947-1949
  • R.C. Wade, Esq. 1950 -1951
  • A.F. Williams, Esq. 1951-1952
  • Senator the Hon. R.D. Pilkington Jordan 1953-1970
  • K.E. Godbold, Esq. 1970-1976
  • H.M. Bennett, Esq. 1977-1979
  • R.G. Kerswell, Esq. 1980-1985
  • Vacant 1986
  • G.R.P. Eva, Esq. 1987-1988

PRESIDENT & CHAIRMAN OF THE FEDERAL COUNCIL

G.R.P. Eva, Esq. 1989 -

LIFE MEMBERS

Messrs. G.R.P. Eva, C. Huyzer, K.R. Hogg, W.V. Wakfer, R.G. Kerswell, E.F. Stevens, Miss J. Liddicoat, Mrs. P. Crighton, S. Palmer

LIFE VICE-PRESIDENTS

Messrs. N.S. Kay, Dr. H.R.A. van der Merwe, Mrs. S. Palmer

VICE-PRESIDENTS

Messrs. P. Green, J.A.S. Harding, E.H. Hosgood, S. Rowe, Mesdames S. Bloomfield, M.D. Powell, E.M. Scott, M. van Zyl

CHAIRMEN

  • Advocate B. Upington, K.C., M.L.A 1903-1904
  • Lt.-Col. T.E. Lawton, D.S.O.  1904-1908
  • G. Brand van Zyl, Esq. 1908-1928
  • Major J.N. Robson 1928-1929
  • H.P. Solomon, Esq. 1929-1930
  • A.W. Macey, Esq. 1930-1932
  • A.J. MacCallum, Esq. 1932-1934
  • S. Griffiths, Esq. 1934-1935
  • A.J. MacCallum, Esq.  1935-1947
  • Senator the Hon. R.D. Pilkington Jordan 1947-1952
  • A.W. Macey, Esq. 1953-1957
  • W.E.A. McBride, Esq. 1957-1968
  • C.H. Hart, Esq. 1968-1971
  • H.M. Bennett, Esq.1971-1977
  • G.R.P. Eva, Esq. 1978-1988

SECRETARIES

  • R.G. Dexter  1891-1899
  • F. Elkington  1899-1903
  • A.S. Fowler  1903-1908
  • E. Lumsden Crawford 1908-1927
  • H.W. Abbott 1927-1930
  • T. McQueen .(died in office) 1930-1959
  • Mrs. E.M. McQueen 1960-1971
  • R.M. Murchie, 1971-1989
  • P. Collins .(died in office) 1989-1993
  • Miss S.A. Thornberry 1993- present

C) The Kennel Union of Southern Africa.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without permission in writing from the publisher.

Updated 5.12.2002 ISBN 0-9584208-1-5

Schedule 01 - Disciplinary Rules

Posted in KUSA Constitution & Schedules

                                                                                                                                      

THE KENNEL UNION OF SOUTHERN AFRICA (“KUSA”)

SCHEDULE 1 – DISCIPLINARY RULES

The Federal Council (“FEDCO”) of KUSA has under the provisions of Article 6 read with Articles 3.6, 3.17, 3.18 and 3.20 of the KUSA Constitution made the Disciplinary Rules as contained in this Schedule  

SCHEDULE 1

1.    GENERAL PROVISIONS

1.1    These Rules must, where applicable, be read in conjunction with the Articles of, and Schedules to, the Constitution of the Kennel Union of Southern Africa (“the KUSA Constitution”).   

1.2    In terms of Articles 18.2 and 18.2.1 of the KUSA Constitution the  Executive Committee of KUSA (“EXCO”) hereby establishes a standing Disciplinary Sub-Committee (“DSC”) for the purpose of dealing with any complaint lodged in terms of these Rules.

1.3    Pursuant to Article 18.3, EXCO may delegate powers to a Provincial  Council Disciplinary Sub-Committee (“PCDSC”) to deal with a specific complaint lodged in terms of these Rules in its area of jurisdiction.

1.4    In terms of Articles 18.1.1 and 18.3 of the KUSA Constitution, EXCO establishes a KUSA Sub-Committee of Inquiry (“SCI”) consisting of two (2) persons referred to in Rule 1.5 for the purpose of evaluating and conducting the preliminary assessment of a complaint as well as any Notice of Appeal.

1.5    The two (2) members of the SCI referred to in Rule 1.4 must be the Secretary of KUSA or his or her duly appointed deputy, and a Legal Adviser appointed by the Federal Council of KUSA (“FEDCO”) or, in the event of no such Legal Adviser having been appointed, an appointed member of EXCO who holds a degree in law or who has sufficient knowledge of the law and the KUSA Constitution, as Chairman. If the Complainant is the Secretary, he or she must be replaced by the Chairman of EXCO.

1.6    While serving on the SCI, a member of EXCO may not serve on any Committee or Sub-Committee referred to in Rules 1.2, 1.3 or Rule 12.6.

1.7    These Rules shall apply to all parties referred to in Rule 2 and to the DSC, PCDSC, SCI and FEDCO Appeals Committee (“FAC”) and any Article 19 Review or Investigatory Committee conferred with disciplinary powers by FEDCO.

1.8    All Committees and Sub-Committees referred to in these Rules have all the powers referred to herein and must, except for the SCI referred to in Rule 1.5, at all times consist of at least three (3) members, with one appointed Chairman.  

1.9    A complaint and any evidence lodged with the Secretary or the SCI, any response thereto in terms of Rule 7  submitted by the Respondent, as well as a transcription of a hearing or investigation conducted in terms of these Rules, are privileged. Unauthorised access or distribution thereof to any party other than the Complainant, Respondent and KUSA officials for the purpose of these Rules may render a person liable to disciplinary action under these Rules. Permission to obtain access to information obtained under this Rule may only be given by FEDCO on application.

1.10    No lawyer, legal representative or legal adviser or witness on behalf of a Complainant or a Respondent is permitted to attend proceedings of any DSC, FAC, PCDSC and any Review or Investigatory Committee conferred with disciplinary powers by FEDCO.

1.11    Participation of any legal practitioner on behalf of the Complainant or the Respondent is permitted for the purpose of assisting in the preparation and drafting of documents, explanations, affidavits, heads of argument and statements that are to be presented by such party, as well as for the provision of legal advice and guidance.

1.12    For the purpose of the evaluation of evidence, sworn evidence or affidavits carry more weight than unsworn evidence or statements. A solemn affirmation in front of a Commissioner of Oaths carries the same weight as an affidavit.

1.13    Unless otherwise provided for in these Rules, a clerical or accidental error or omission or other failure to comply with these Rules or any other related Article, Schedule or Regulation by the KUSA, the Secretary, the SCI or the DSC may not –

1.13.1     invalidate any process, proceedings or steps taken during such proceedings or thereafter, or

1.13.2     affect a document, decision or action at or during the proceedings.

1.14    A notification, decision or document that is served on a member, person, Club or Provincial Council (“PC”) in terms of these Rules, must either be sent by registered post to the member’s, person’s or Club’s usual or last known address, or be served personally on the member or person or on the Club’s or PC’s appointed Secretary. If a registered postal service is used, the date of service shall, unless the contrary is proven, be deemed to be the fifth working day after the date of posting.

1.15    Should any party insist on receiving documents, notifications or correspondence referred to in Rule 1.14 electronically by e-mail or fax, the date of transmission thereof shall be regarded as the date of service.

1.16    The SCI or the DSC may extend any period determined in these Rules for doing any act, except for periods referred to in Rules 5.2 and 5.6.

1.17    All day calculations contained in these Rules are working days and exclude Saturdays, Sundays and public holidays.

1.18    Any reference to the DSC in these Rules includes a reference to the PCDSC and any Review or Investigatory Committee conferred with disciplinary powers established in terms of Article 19 of the KUSA Constitution.

1.19    FEDCO may delegate and confer disciplinary powers to a Review      
or Investigatory Committee established in terms of Article 19 to deal with a specific matter referred to in the written scope of investigation provided by the Chairman of FEDCO.  
    
1.20    The standard of proof required by the DSC and FAC when  determining whether a Respondent or Appellant is guilty of any misconduct arising out of a complaint lodged in terms of these Rules is proof on a balance of probabilities.

1.21    The Chairman of any DSC or FAC shall determine the procedure to be followed during the hearing in consideration of any complaint or appeal made in terms of these Rules and shall, when making such a determination, ensure procedural fairness.

1.22    The Chairman of any DSC or FAC shall, within ten (10) days of a written request lodged with the Secretary by a Respondent in any matter heard by a DSC, or on request of an Appellant who has appealed in terms of these Rules provide, in writing, reasons for any decision made by that DSC or FAC.


2.    SUBJECT OF A COMPLAINT

Unless the context indicates otherwise, a complaint may be lodged against -

2.1    a Provincial Council (“PC”);

2.2    a KUSA affiliated Club (“Club”);

2.3    a member of KUSA “(member”);

2.4    a person making application to KUSA for the registration or                                                                                                                                                                                                                                                                                                                                                                                                                                                                         transfer of a dog or the registration of an affix;

2.5    a person exhibiting or handling a dog at a show or other event held under a KUSA licence;

2.6    a person appointed to officiate or judge at a show or event held under a KUSA licence or sanctioned by KUSA, who has violated a condition of a judge’s or other agreement or who has acted in a improper, disgraceful, or discreditable manner during the execution of his or her judging assignment;

2.7        any person holding membership of any Club affiliated to KUSA; or

2.8      any member or person who has been elected or appointed to serve on any Club Committee, PC, or Sub-Committee established in terms of the KUSA Constitution or approved Club or PC Constitution.    

3.    WHO MAY LODGE A COMPLAINT

A complaint in terms of these Rules may only be lodged by -

3.1    KUSA, which includes FEDCO, EXCO, any KUSA official acting in his or her official capacity or an Article 19 Review or Investigatory Committee conferred with disciplinary powers, in which case the complaint must be lodged by the Secretary or her or his duly appointed deputy;

3.2    a Club or PC through its duly authorised representative who is a member of KUSA;

3.3    a member who is not under suspension or disqualified by FEDCO or any Committee established in terms of Rule 1.2, 1.3 or 1.19; or

3.4    a person appointed to officiate or judge at a show or event held under a KUSA licence or sanctioned by KUSA, and who is not a member of the KUSA but who is contractually bound to adhere to the KUSA Constitution.

4.    FOUNDATION FOR A COMPLAINT

4.1     A complaint may be made in respect of -

4.1.1    any conduct which is alleged to be fraudulent improper, dishonourable, disgraceful or discreditable, or conduct which is prejudicial or injurious to the interests of canine affairs or to members or officials of KUSA or FEDCO, EXCO or any PC of KUSA or persons who are concerned or connected therewith, relating to -
  
4.1.1.1    a KUSA registered or recorded dog;

4.1.1.2    the breeding, registration, recording, transfer of ownership, exhibition and judging of dogs;

4.1.1.3     a Club or PC;

4.1.1.4    any matter connected with or arising out of or relating to the KUSA Constitution and the Rules, Regulations and Schedules thereof; or

4.1.1.5    the violation of the conditions of a judge’s contract or other agreement with KUSA or any Club or PC;
             
4.1.2    any person who, having made application to KUSA for registration or recording of a dog, has knowingly falsified any information supplied to KUSA or who has acted dishonestly or deceitfully in connection with such a dog or its pedigree;

4.1.3    any default or omission relating to a matter connected with the registration, recording, transfer of ownership, breeding, entry for a KUSA-licensed Show or event, or exhibition and judging of dogs.

4.1.4    a member who has been convicted in a Court of Law -

4.1.4.1    of dishonesty, fraud, neglect or cruelty in respect of dogs or other animals,  or

4.1.4.2    of offences which actions are covered under the provisions of Regulation 2 of  the Code of Ethics (Schedule 9);  

4.1.5    a suspension, disqualification, alternative penalty or blacklisting imposed upon a member, exhibitor or handler by a Canine Governing Body with which a reciprocal agreement with KUSA is in force;

4.1.6    any act, default or omission arising out of any one or more of the provisions contained in Schedule 3 Regulations 7.1, 7.12, 11.1, 15, 20.3, 31.3, 31.10, 31.11, 31.12, 33.3, 37 and 38, or Schedule 4 Regulations 10, 15.3, 23, 25 and 26, to the KUSA Constitution or any other Schedule or Regulation of the KUSA Constitution;

4.1.7    VOID

4.1.8    any unauthorised access to, or distribution of, any information or document referred to in Rule 1.9;

4.1.9    any members or persons or Club Committee or PC responsible for the maladministration of, or failure to properly execute the duties conferred on him, her or them after he, she or they have or has been elected or appointed to serve on any Club Committee or PC, or any other Committee or Sub-Committee established in terms of the KUSA Constitution;

4.1.10    any member or person who has served or is currently serving as an elected or appointed official on a Club Committee, PC, other Committee or any Sub-Committee established in terms of the KUSA Constitution or the approved constitution of an affiliated Club or PC and who, within thirty (30) days of ceasing to function as a duly appointed or elected official of any of the aforementioned committees, wilfully or negligently fails on request to properly hand over to the appointed or elected secretary of such a Committee any records, accounts, bank accounts, money, property, assets, membership lists or any article or document necessary for the proper running and administration of such a Committee, that are in his or her possession or under his or her control.        

4.2    No complaint may be lodged or entertained -

4.2.1    that is based on private agreements between KUSA members or 
persons to which KUSA is not a party, or in respect of the sale and purchase of any dog or personal insults, defamation, libel or slander uttered or made outside the precincts of a KUSA-licensed Show or meeting or event;

4.2.2    unless it contains sworn evidence of clear prejudice to KUSA or its officials or judges or members or a Club or a PC or as provided for in Schedule 3 Regulation 37 of the KUSA Constitution or that is prejudicial or injurious to the interests of canine affairs.

4.3    No person, other than the Secretary or his or her duly appointed deputy, or the duly authorised representative of a Club or a PC, may make a complaint about a matter in which he or she was not personally involved.

4.4    Subject to Rule 4.3, no member, person, Club or PC, through its duly authorised representative, may make a complaint on behalf of, or in the stead of, another member or person or another Club or PC.

4.5    Multiple complaints may be aggregated for the purpose of establishing and formulating individual charges by the SCI.
 
4.6    No complaint may be made against a judge who officiated at a KUSA-licensed Show or event based on his or her placement of a dog or any award made to any dog during the Show. 
     

5.    PROCEDURE FOR BRINGING A COMPLAINT
    
5.1    A complaint made under Rule 4 or any other applicable Rule, Regulation, Schedule or Article of the KUSA Constitution must be reduced to writing and presented as follows:

5.1.1    As an affidavit which must set forth the material facts on which the complaint relies, including full particulars of the act, conduct, default or omission alleged against a member, person, judge, official, Club or PC;

5.1.2    It must contain the time, place and circumstances the act or conduct complained of occurred, the injury to any member, person, dog, Club, PC or how the interest of canine affairs is or has been affected thereby, including all aggravating and mitigating factors that should be taken into account; and

5.1.3    It must be supported by all the applicable affidavits and supporting documents, identify the names, addresses and contact telephone numbers of supporting witnesses and include the affidavits of other persons whose evidence the Complainant relies upon in support of the complaint.

5.2    A complaint together with the applicable complaint deposit to the amount set out in Schedule 7 to the KUSA Constitution must be lodged with the Secretary within five (5) days of the occurrence of the event, act, conduct, default or omission that forms the subject thereof or, from the time when the matter which is the subject of the complaint was discovered.

5.3    A complaint lodged with the Secretary must immediately be forwarded to the SCI for consideration.

5.4    If the Secretary is the Complainant he or she must within five (5) days of becoming aware of the matter submit the complaint to the Chairman of EXCO who must deal with it according to these Rules as if he or she were the Secretary. In this case no complaint deposit is required.

5.5    Should a complaint not be accompanied by a complaint deposit the Secretary must notify the Complainant immediately. Should the Complainant fail to submit the complaint deposit within the period referred to in Rule 5.2, the complaint shall be deemed lapsed and the Complainant shall be informed accordingly in writing by the SCI.
 
5.6    In relation to Rule 5.2, the SCI may, on application by a Complainant and proof that it was not reasonably possible to have had knowledge of the subject matter of the complaint, allow the Complainant to lodge the complaint together with the complaint deposit within five (5) days to the Secretary, who must accept such a complaint as regular.

5.7    If the issues raised by a Complainant are the subject of a pending criminal case or civil action, the SCI may stay the complaint until such time as the action or case is resolved or determined by a final court judgement.

6.    ADMINISTRATIVE EVALUATION OF THE COMPLAINT AND COLATION OF EVIDENCE

6.1    Following receipt of a complaint and the accompanying complaint deposit, the SCI must establish whether the complaint complies with the requirements of Rule 5, and must inform the Complainant in writing of any omissions or deficiencies pertaining to the complaint. The Complainant may, within five (5) days after notification by the SCI, re-submit such a complaint with the required rectifications.

6.2    Despite these Rules, the SCI may call for and obtain additional evidence from any person who may have information relevant to the complaint, and include it as part of the complaint, before notifying the Respondent in terms of Rule 7.

7.    INITIAL NOTIFICATION PROCEDURE

7.1    If the SCI considers the complaint to be in compliance with these Rules, it must, within twenty one days (21) days of receipt of the complaint -

7.1.1        serve by registered post on the PC, Club, member or person against which or against whom the complaint has been made (“the Respondent”), copies of the complaint, all the evidence, affidavits, supporting documents and information pertaining to the complaint,  -as well as copies of these Rules and any other applicable Schedule to the KUSA Constitution; and

7.1.2    request the Respondent within five (5) days of receipt thereof, and if he, she or it so wishes, to deny the complaint and submit an affidavit and affidavits of other persons whose evidence the Respondent relies upon in support of his, her or its defence or explanation, including all supporting documentation and other evidence.

7.2     If the Respondent admits to the complaint, he, she or it must do so to the SCI within five (5) days of receipt of the complaint, by way of an affidavit setting out the circumstances, including any extenuating circumstances and such other supporting documents as may be relied upon.  

7.3    Should the Respondent fail to respond to the SCI on the complaint within the prescribed five (5) days, it will be accepted that the Respondent admits to the complaint and that he, she or it does not wish to respond to it.

7.4    Any evidence provided by the Complainant, may be used in evidence against the Respondent at any disciplinary hearing, inquiry or process, and the Secretary must inform all the Respondents accordingly during the notification process contemplated in Rule 7.1.  

8.    EVALUATION OF THE COMPLAINT BY THE SUB-COMMITTEE OF INQUIRY (SCI)

8.1    The Secretary must, within fourteen (14) days of receipt, or non-receipt, of the Respondent’s response to the complaint, refer the complaint and the response to the SCI for evaluation and preliminary consideration.

8.2    The SCI must evaluate and consider the complaint together with the Respondent’s response and decide whether -

8.2.1    the complaint meets the requirements contemplated in Rule 4;

8.2.2    the complaint was brought within the time-limit for bringing a regular complaint in terms of Rule 5;

8.2.3    the correct complaints deposit was paid within the time-limit referred to in  Rule 5;

8.2.4    sufficient evidence exists that discloses a breach of a provision of Rule 4; and

8.2.5    the Respondent has an acceptable defence to, or satisfactory explanation for, the complaint.

8.3    The SCI may conduct such further investigation into the matter as it deems necessary and may obtain the further evidence, affidavits or documents that it may require in order to consider and evaluate the complaint and reach a decision in terms of Rule 8.4.
 
8.4    After evaluation of the complaint in terms of Rules 8.2 and 8.3, the SCI must decide whether to -  

8.4.1    dismiss the complaint if the Respondent has presented an obviously acceptable explanation for, or defence to, the complaint; or

8.4.2    dismiss the complaint if, based on the affidavits, documents and evidence before it, disciplinary proceedings should not continue for some good reason other than that referred to in Rule 8.4.1; or

8.4.3     proceed with a disciplinary hearing if sufficient grounds and   evidence exist to warrant a hearing, and to list the complaint for hearing by the DSC within sixty (60) days of this decision.  

8.5           In the event of the SCI having dismissed the complaint in terms of Rules 8.4.1 or 8.4 2, the Secretary or his or her duly appointed deputy must within fourteen (14) days of the decision of the SCI inform both the Complainant and Respondent thereof as provided in Rules 1.14 or 1.15.

9.    NOTIFICATION OF THE DISCIPLINARY HEARING

9.1    If the complaint is scheduled for hearing before the DSC as contemplated  in Rule 8.4.3, the Secretary must, within fourteen (14) days of the decision of the SCI, notify both the Complainant and the Respondent, by way of registered post or otherwise as provided for in Rule 1.14 or 1.15, of the date of the hearing. The hearing may be conducted anywhere within the jurisdiction of KUSA as determined by the Secretary, and either by physical appearance of the members of the DSC at the appointed venue of the hearing or by way of a pre-arranged telephone or video conference.

9.2    The Secretary must, together with the notification for hearing of the matter, provide both the Complainant and the Respondent with all the sworn statements, documents, written explanations and additional evidence in the possession of the Secretary and which has not already been served on them. The Secretary must request the Respondent to submit a written response within ten (10) days of receipt thereof, in the form of a supplementary affidavit or supporting affidavit in rebuttal to any additional statements, affidavits, documents or evidence collated by the SCI in terms of Rule 8.3.

9.3    If the Respondent does not respond in writing to the SCI in terms of Rule 9.2, the SCI may deduce that the Respondent admits the additional evidence and must instruct the Secretary to proceed with presenting the matter for hearing to the DSC.
                       
10.    HEARING OF THE COMPLAINT

10.1    The DSC must consider any complaint laid before it on the papers and written submissions, and no oral evidence of any nature is permitted during the hearing, but the Respondent and Complainant may, on application to the DSC, be allowed to appear in person to address the members thereof subject to the provisions of Rule 11.7.

10.2    The Chairman of EXCO must be the appointed Chairman of the DSC or, in his or her absence; he or she must appoint one of the three (3) members of the DSC as the Chairman of the DSC.

10.3    No member of a DSC may have a direct personal interest in the outcome of the hearing, nor there be a reasonable suspicion that a member has such an interest.

10.4    All members of the DSC must before the onset of the hearing declare their personal interests to the Chairman, and if a member is found to have a conflict of interests with the matter to be heard, the Chairman must request EXCO or the PC to replace such a member.

10.5    The Chairman, after consultation with the members of the DSC, may co-opt any person to assist the DSC on any matter on which such a person may have specialised knowledge. Such a co-opted person is not regarded as a member of the DSC, and is neither permitted to partake in any decision of the DSC on issues of fact, nor to advise on the substantive outcome of the hearing.

10.6    The DSC must seek to avoid formality in its proceedings and is not bound by any rule of law relating to the admissibility of evidence in proceedings before a court of law. It must conduct the hearing in such a manner as is appropriate for the clarification of issues before it and in order to reach a decision.

10.7    The DSC may conduct such additional enquiries and obtain such additional statements, affidavits, documents or evidence as may be appropriate, but with due regard to the Rules of Natural Justice. It must provide the affected party time to respond to such evidence within a reasonable time.

10.8    The DSC may adjourn the hearing to a later date in order to give effect to Rule 10.7 or for any other purpose.    

10.9    The DSC must determine the complaint before it on the basis of a balance of probabilities and, at the conclusion of the hearing, must decide whether the complaint is substantiated or not.

10.10    In the event of the DSC’s deciding that the complaint is substantiated, the DSC may impose any one or more of the applicable penalties listed in Rule 11.

10.11    A decision or finding by the DSC must be determined by the vote of a majority of its members, all of whom must vote with no abstention allowed.

10.12    At the conclusion of the hearing, the DSC must record its decision and findings in writing, and if it is found that the complaint brought under Rule 4 is substantiated, it must decide and record in writing what penalty, order or condition is imposed on the Respondent.

10.13    Where the DSC has decided that the complaint is not substantiated, it must record its finding, which is final, and the matter must be dismissed.

10.14    The Chairman must, within fourteen (14) days of the conclusion of the hearing, forward the record of the proceedings to the Secretary or his or her duly appointed deputy, who must within thirty (30) days of the conclusion of the hearing and after EXCO has confirmed the record of proceedings in terms of Rule 10.16, inform both the Complainant and Respondent as provided in Rules 1.14 or 1.15.

10.15    The formal notification referred to in Rule 10.14 must also include the content and effect of the penalties on the Respondent.

10.16    The Secretary must, without delay, notify EXCO of the decision and recorded finding and, if applicable, any penalty, order and condition imposed by the DSC and forward the record of proceedings to EXCO to consider and to correct any patent error in the penalty, order or condition as recorded by the DSC on condition that the consequence may not be less favourable to the Respondent.

10.17    EXCO may refer the record of proceedings back to the DSC for any penalty, order or condition not clearly or correctly recorded or any invalid penalty, order or condition, to be clearly and correctly recorded or to impose a valid penalty, order or condition.

10.18    Where it is not reasonably practicable for EXCO to refer the record back to the DSC as provided in Rule 10.17, it may itself impose a valid penalty, order or condition and record it, on condition that the consequence may not be less favourable to the Respondent.

11.    PENALTIES

11.1    If the Respondent is a member of KUSA or a person making application to KUSA for the registration or transfer of a dog or registration of an affix, or a person exhibiting or handling a dog at a Show or other event held under a KUSA licence or a person holding membership of any Club affiliated to KUSA, one or more of the following penalties, where applicable, may be imposed by the DSC:

11.1.1    Permanent or periodic expulsion, or exclusion or suspension, from membership of KUSA and of any Club;

11.1.2        suspension or exclusion from taking part in, or having any connection with, or attending or participating or handling a dog at, a Show, Obedience Class, Working Trial or Field Trial or other event held under KUSA licence, or from acting as an officer of a Club;

11.1.3    disqualification from registration, recording, transfer, exhibition or competition or evaluation of a dog owned by him or her or registered or recorded in his or her name, or jointly with another or others, or in the name of a nominee, or of the progeny of such a dog;

11.1.4    removal from any of the official Registers kept by the KUSA of a dog registered or recorded by virtue of misrepresentation or false information supplied;

11.1.5    disqualification from judging at, or taking part in the management of, a Show, Obedience Class, Working Trial or  Field Trial or other event held under KUSA licence;

11.1.6    imposition of a fine; or

11.1.7    a reprimand and warning.     
           
11.2    If the Respondent is a person officiating or judging at a Show or an event held under KUSA licence, or that is sanctioned by KUSA in terms of a valid judging contract or by official appointment, one or more of the following penalties, where applicable, may be imposed by the DSC for a complaint with regard to the execution of such an appointment or judging contract:

11.2.1    Permanent or periodic expulsion, or exclusion or suspension, from membership of KUSA and of any Club, if such person is a member of KUSA;

11.2.2    suspension or exclusion from officiating or judging at, or having any official connection with, or participating in an official capacity in, a Show, Obedience Class, Working Trial or Field Trial or other event held under KUSA licence, or from acting as an officer of a Club;

11.2.3    disqualification from judging at, or taking part in the management of, a Show, Obedience Class, Working Trial or Field Trial or other event held under KUSA licence;

11.2.4    imposition of a fine; or

11.2.5    a reprimand and warning.     
        
11.3    If the Respondent is a Club or PC, or any member or person who has been elected or appointed to serve on any Club Committee or PC or on any other Committee or Sub-Committee established in terms of the KUSA Constitution, and such Respondent is found to be responsible for any maladministration of, or failure to properly execute, his or her official duties in that capacity, one or more of the following penalties may be  imposed by the DSC: 
                           
11.3.1    In the case of a Club or PC -

11.3.1.1 suspension of all the activities of a Club or PC and in the  case of a PC recommend to FEDCO to withdraw the powers delegated to the PC in terms of Article 20.2 of the KUSA Constitution and, in the 
case of a Club, recommend to FEDCO to disaffiliate it in terms of Article 9 of the KUSA Constitution;

11.3.1.2 suspension from holding a KUSA-licensed Show or event;
                                        
11.3.1.3    imposition of a fine;

11.3.1.4 a reprimand and warning.

11.3.2    In the case of a member or person who has been elected or appointed to serve on any Club Committee or PC or any other Committee or Sub-Committee established in terms of the KUSA Constitution and who was found to be responsible for any maladministration of, or failure to properly execute, his or her official duties in that capacity –

11.3.2.1     despite any other provision of the Constitution, immediate removal       of a member or person as a Club Committee member or member of the PC or member of any other Committee or Sub-Committee established in terms of the KUSA Constitution, either permanently or for a specified period, after which the member or person may be re-elected or appointed; or
11.3.2.2     any of the penalties provided for in Rule 11.1. 
11.4    Any expulsion, suspension, exclusion or disqualification imposed  under this Rule may be for life, or any shorter period as the DSC may order, and in the case of a Club or PC, for such period as the DSC may order, including an indefinite period.

11.5    If any one or more of the penalties set out in this Rule are imposed by the DSC, it may wholly or partially suspend the penalty on such conditions as are appropriate in the circumstances of the case.

11.6    Apart from imposing any penalty in terms of these Rules, the DSC may also, after proper investigation into the matter and if it is satisfied that a condition of a suspended penalty imposed on a Respondent by a previous decision of a DSC in terms of Rules 11.5 or 12.15 has not been complied with under circumstances in which it could reasonably have been complied with, order that the suspended penalty be put into operation.

  11.7    The DSC may require the applicant party to the proceedings to pay all or part of the reasonable costs incurred by KUSA as deemed appropriate arising out of an application in terms of Rule 10.1 to assemble the DSC in person for the purpose of such a party wishing to address the DSC. The applicant shall pay the reasonable cost to KUSA no later than fourteen (14) days prior to the date the DSC is to assemble for this purpose at the appointed place, time and venue. In the event that the reasonable costs are not paid by the applicant party by the prescribed date, the DSC shall accept that the applicant party no longer wishes to address the DSC and the DSC shall be at liberty to conduct the disciplinary hearing by way of the pre-arranged telephone or video conference without assembling in person.

11.8    If a Respondent fails to pay a fine imposed in terms of these Rules, his or her membership of KUSA or Affiliation as a Club must be regarded as suspended for so long as the default continues.

11.9    A Complainant’s complaint deposit lodged in terms of Rule 5 may either be refunded in full or in part, or be retained by KUSA.

11.10    If imposed, a fine is payable within twenty one (21) days after the Respondent has been notified of the decision of the DSC in terms of Rules 10.14 and 10.15.

11.11    A fine payable by a PC in terms of this Rule may not be supplemented by KUSA, FEDCO or EXCO through additional funding and must be paid from the allocated funds of that PC for a particular year. Any default in such payment may be deducted by EXCO from the approved budget amount allocated by KUSA to that PC from the following year’s budget allocation.

11.12    After receipt by the Secretary of an allegation that a person, member, Club or PC whose penalty has been suspended in terms of Rules 11.5 or 12.13, has not complied with a condition of the suspension, EXCO may –

11.12.1    with due regard to the Rules of Natural Justice and during the period of a suspension, cause an investigation to be made into the allegation;

11.12.2    if it is satisfied that a condition of the suspension has not been complied with under circumstances in which it could reasonably have been complied with, order that the suspended penalty be put into operation; and

11.12.3    instruct the Secretary to notify the Respondent accordingly, which notification must include the content and effect of the order and must be made as provided in Rule 10.14. 
          
12    APPEALS PROCEDURE

12.1    Any decision and finding of the DSC where it has upheld a complaint and imposed a penalty and/or made a decision in terms of Rule 11 or any order made by EXCO in terms of Rule 11.12 is subject to a right of appeal by that Respondent to the FAC under the circumstances and after following the procedures set out in this Rule, the Respondent thereafter is known as the “Appellant” and the Complainant as the “Respondent”.
 
12.2    The Appellant must specify in full in the Notice of Appeal all the grounds of appeal which are relied upon, and must state clearly all the material allegations and contentions which are relied upon and must include copies of all documentation which the Appellant contends to be relevant to the appeal.  

12.3    A Notice of Appeal must be forwarded to the SCI within fifteen (15) days of the notification to the Respondent in terms of Rule 10.14 for the SCI to decide whether such Notice of Appeal has been properly compiled and contains the following –

12.3.1    the name and address of the Appellant;
                           
12.3.2    the decision and/or imposed penalty which is disputed, and must specify whether the appeal is in respect of the whole or in respect of any specified part of the decision and/or imposed penalty of the DSC;

12.3.3    the heads of argument that clearly set out the grounds for the appeal and all contentions which are relied upon and may include any additional evidence, which must be accompanied by all the relevant affidavits and documents in support thereof;

12.3.4    the full reasons for having omitted such additional evidence in the previous presentation to the DSC;

12.3.5    if applicable, contain an indication by the Appellant to appear in person before the FAC in terms of the provisions of Rule 12.8, together with proof of payment of the prescribed Appeal Appearance Fee as per Schedule 7 of the KUSA Constitution.

12.4    Should the SCI find that the Notice of Appeal does not comply with the provisions of Rule 12.3.1 to 12.3.5, it must inform the Appellant in writing of any omissions or deficiencies pertaining thereto. The Appellant may, within five (5) days after notification by the SCI, re-submit such a Notice of Appeal with the required rectifications.  

12.5    The SCI must serve on the Respondent a copy of the Appellant’s Notice of Appeal and any additional evidence submitted by the Appellant, to which the Respondent may respond if he or she so wishes, within fourteen (14) days of such a notification.
                     
12.6    Should the SCI be satisfied with the Notice of Appeal it shall, after receipt of any response from the Respondent forward all the documents to FEDCO who shall appoint a FAC in terms of the provisions of Article 16.2.3 of the KUSA Constitution to consider the appeal.

12.7    Whenever a FAC is appointed to act in terms of this Rule, no person who was a member of the DSC or SCI that had initially heard or considered the matter or the Notice of Appeal may be appointed as a member of the FAC and such member may not take part in any of its deliberations.

12.8    A FAC may meet anywhere within the jurisdiction of the KUSA as may be determined by the Chairman in liaison with the other members of the Committee and, where applicable, with the Appellant, and the consideration of the appeal may either take place by physical appearance of the Appellant, at an appointed time and venue, before the members of the FAC in the case of an Appellant having complied with the provisions of Rule 12.3.5, or by way of a pre-arranged telephone conference, video conference or as otherwise determined by the Chairman.

12.9    For the avoidance of doubt, should a Notice of Appeal not be accompanied by the proof of payment of the prescribed Appeal Appearance Fee as determined in Schedule 7 of the KUSA Constitution, the FAC shall continue with the consideration of the appeal in the absence of the Appellant in a manner determined by the Chairman.   

12.10    A duly appointed FAC must consider the appeal together with all the documents and evidence presented to the DSC, including the written record of the DSC decisions, findings, penalties, orders and conditions imposed on the Appellant and, if applicable, allow the Appellant to appear in person and present argument on the issues in the appeal.

12.11    An appeal may not operate as a stay of any penalty, order or condition imposed by the DSC.

12.12 Should the Appellant fail to comply with any penalty, order or condition imposed by the DSC, which includes the payment of a fine, the appeal proceedings must be stayed pending compliance with the ruling of the DSC. Should the Appellant’s non-compliance with payment of any fine persist for a period of longer than twenty one (21) days after the notification of the findings and penalties imposed by the DSC, the FAC shall dismiss the appeal summarily.  

12.13     After due consideration of the appeal, a FAC may -  

12.13.1 confirm, revoke or vary any finding, penalty, condition, order and/or determination imposed or made by a DSC or by EXCO in terms of Rule 11.12;
                                         
12.13.2  remove, increase or modify any expulsion, suspension or period of suspension, disqualification or disaffiliation imposed on an Appellant by the DSC or by EXCO;

12.13.3  increase any penalty, condition, period, determination and/or order imposed by the DSC or by EXCO.

12.14     The FAC must order the refund of any fine paid or the retraction of implementation of any such other penalty, determination, order, period or condition that may be considered necessary, if such 
penalties or determination, order, period and/or conditions are set aside on appeal.
                           
12.15    The FAC may at any stage during the appeals procedure order that anything contained in a Notice of Appeal or any response thereto, be struck out, or be amended, on the grounds that it is defamatory, scandalous, frivolous or vexatious.

12.16    Before the FAC makes an order in terms of Rule 12.15, it must instruct the Secretary to send a request to the Appellant or the Respondent, as the case may be, to show cause within a specified time determined by the FAC, as to why such an order should not be made.

12.17    The FAC’s decision on the finding, penalties, determinations, orders period and/or conditions imposed by the DSC or EXCO, and where applicable, as to what constitutes improper, disgraceful or   discreditable conduct or conduct prejudicial or injurious to the interest of canine affairs or to persons or members or Clubs concerned or connected therewith, or dishonourable or disgraceful conduct, is final.

12.18    The FAC must, after it has reached its decision on a matter under appeal, record its decision and finding in writing and inform the Secretary and FEDCO thereof, and further instruct the Secretary 
to formally communicate the decision and finding to the Appellant and the Respondent and to immediately instruct the KUSA office and all formal structures of KUSA to enforce the finding and 
decision.

12.19    The communication procedure set out in Rule 10.14 with the necessary changes is applicable to notification of the decision and finding of the FAC.

12.20    If an Appellant remains in default in the payment of a fine or order imposed in terms of these Rules, his or her membership of KUSA, or affiliation as a Club or PC must be regarded as suspended for as 
long as the default persists.

13    PUBLICATION

13.1    In consequence of any complaint made under these Rules, FEDCO and EXCO may publish such details on a matter heard by a DSC or appeal heard by a FAC as may be fit to inform KUSA members 
thereof. Such publication may be made on the official KUSA website or in any other publication that is appropriate.

13.2    FEDCO and EXCO are empowered to publish in the same manner as referred to in Rule 13.1 separate lists of persons suspended,  disqualified or expelled.

13.3    FEDCO and EXCO may extend publication of any lists referred to in Rule 13.2 by circulating them to all Clubs, Canine Control bodies, the Fédération Cynologique Internationale (FCI), the  National Sport Commission, and such Government Departments or Sport Bodies and persons as it may deem appropriate.

FEDCO 06-14/NP/21.07.2014
Most recent changes to this Schedule has an effective date of 01.01.2015

C) The Kennel Union of Southern Africa.
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