Additions and Amendments - Effective 01 February 2016
ADDITIONS AND AMENDMENTS
TO
THE ARTICLES OF THE CONSTITUTION
As provided for in Article 40 notice is hereby given of amendments and additions to the Articles of the Constitution of the Kennel Union of Southern Africa. At a Special Meeting held on 29th September the Federal Council agreed to the amendments, which are listed below, to become effective on the 1st February 2016 (01.02.2016), unless otherwise stated.
Clubs are reminded that in terms of Article 40.2, Affiliated Clubs have the right to object to any proposed amendment or part thereof to the Articles. Any objections should be lodged with the Secretary no later than 31st December 2015.
N.B.: The references refer to the Constitution and Schedules on the KUSA website (www.kusa.co.za).
AMENDMENTS TO THE ARTICLES
ARTICLE 1.1 – ESTABLISHMENT OF ASSOCIATION
Add new:
1.1.4 The Association shall conduct its business in compliance with the provisions of the Animal Improvement Act, 62 of 1998.
ARTICLE 1.2 – NAME
Amend to read:
The name of the Association shall be The Kennel Union of Southern Africa, a Registering Authority and an Animal Breeders’ Society, registered in terms of the Animal Improvement Act, 62 of 1998 and shall operate subject to the Act.
ARTICLE 2 – INTERPRETATION OF TERMS
Amend to read:
Throughout this Constitution and all Schedules, Rules, Regulations and By-Laws framed thereunder, unless inconsistent with the context thereof:
“Act” means the Animal Improvement Act, 62 of 1998, as amended from time to time, inclusive of the Regulations issued in terms thereof.
“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 purebred dogs and whose predominant activity is the provision of Championship and other Shows for dogs of all breeds.
“Animal”, for the purpose of this Constitution, includes one or more purebred dogs recognised by the Kennel Union and listed in Schedule 2, Appendix ‘A’, as updated from time to time, and which are eligible for registering in the KUSA Breed Registers and recording in the KUSA K9 Administration Portal and Database, for which purpose the Kennel Union has been registered with the Department as a Registering Authority and an Animal Breeders’ Society.
“Animal Breed Registration system” means the Integrated Registration and Genetic Information System (INTERGIS) established and utilised by the Department to integrate the pedigrees and performance data of Animals.
“Animal Breeders’ Society”, for the purpose of this Constitution, means a breeders’ society for canine breeds comprising the Kennel Union and its affiliated Clubs and Members, with the object of promoting the breeding, recording or registration, the genetic improvement and the use of canine breeds; determining and applying breed standards, recommending in its sole discretion the recording or registration of an Animal or a specified breed of a kind of Animal, bred in or imported into the Republic or another country, and who is registered in terms of Section 8(7)(a)(i) of the Act.
“Breed Standard” means a written set of phenotypic and/or genotypic standards of excellence determined and applied in terms of this Constitution to promote, encourage and enable the breeding, identification and promotion of physically sound and genetically superior purebred dogs.
“Buyer” means the person(s) to whom ownership/joint ownership of an Animal is transferred by the Seller of such Animal.
“Canine Breed Registration system” means the KUSA K9 Administration Portal & Database, a customised computer system specifically developed and utilised by the Kennel Union to integrate the pedigrees, health, shows, judges and club data and ownership of canines, which is recognised by the Department.
“Centre”, cognisant of the meaning assigned by the Act and without detracting therefrom, for the purpose of this Constitution, means one of the geographical areas identified in Schedule 2, Regulation 2.1.1.
“Chairman” means the Chairman of the Federal Council of the Kennel Union of Southern Africa.
“Championship Show” means a Dog Show at which the Kennel Union permits its challenge and/or other certificates to be awarded.
“Club” means any Association, Club, League or Society of persons unincorporated by whatever style or name and includes a Training Club.
“Constitution” means the Constitution of Kennel Union, inclusive of its Schedules and By-Laws.
“Department” means the department or departments in national government responsible for the administration of the Act at any given time.
“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)).
“Dog Show or Shows” means any exhibition or Show of dogs as defined in Article 24 of this Constitution.
“Executive Committee” or “Exco” means the Executive Committee appointed by the Chairman of the Federal Council.
“Export” means to take out or cause to take out or send an Animal or genetic material of an Animal from the KUSA Area of Jurisdiction to any country or territory outside thereof.
“Federal Council” or “Fedco” means the Federal Council of the Kennel Union of Southern Africa.
“Group Club” means a Club, the objects of which include the welfare of, interest in, breeding of purebred 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.
“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.
“Import” means to bring or cause to bring an Animal or genetic material of an Animal from outside the KUSA Area of Jurisdiction into it.
“Income Tax Act” means the Income Tax Act, 58 of 1962.
“Kennel Union” or “KUSA” means the Kennel Union of Southern Africa.
“KUSA Area of Jurisdiction” means the Centres combined.
“KUSA Breed Registers” means the registers for purebred dogs as contemplated in Schedule 2 of this Constitution.
“Member” means any person who has been elected to membership of the Kennel Union in terms of this Constitution.
“Minister” means the minister in the applicable Department.
“President” means the President of the Kennel Union of Southern Africa.
‘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.
“Register” means the register kept by the Registrar in terms of section 5 of the Act.
“Registering” means the procedure of registering an Animal in the KUSA Breed Registers for purebred dogs and recording its pedigree, health data and ownership in the KUSA K9 Administration Portal and Database.
“Registering Authority”, for the purposes of this Constitution, means the Kennel Union as duly registered in terms of Section 8 (7) (a) (ii) of the Act, and as appointed by the Registrar to record and register Animals in the KUSA Breed Registers for purebred dogs and recording their pedigrees, health data and ownership in the KUSA K9 Administration Portal and Database on behalf its affiliated Clubs and Members.
“Registrar” means the officer designated as Registrar of Animal Improvement in terms of the Act.
“Secretary” means the Secretary of the Kennel Union of Southern Africa.
“Seller” means the person(s), being the owner(s) of an Animal according to the records of the Animal Breeders’ Society or, in the case of an imported Animal, the owner(s) in the foreign country, who disposes of such Animal.
“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.
“Specialist Discipline Club” means a Club, the objects of which is to promote a specific Working Discipline or specific Working Disciplines recognised by the Kennel Union, which does not generate income from training and holds shows relating to these Working Disciplines in terms of this Constitution.
“Training Club” means a Club, the main object of which is the training of dogs which may include purebred pedigree dogs and dogs of any ancestry which are not eligible for entry to the KUSA Breed Registers.
“Trophy Show” means any Show, Championship or Non-Championship, at which trophies are awarded.
“Veterinarian” means a person registered in terms of the Veterinary and Para-Veterinary Professions Act, 19 of 1982 to practise a veterinary profession as defined in section 1 of the Act.
“Working Disciplines” means all disciplines other than Breed.
In this Constitution, unless the contrary intention appears clearly from the context, 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.
Other words, abbreviations and phrases in this Constitution, not defined above shall, unless contrary meaning clearly appears in the context, have the same meaning assigned thereto in the Act.
If and to the extent that any provisions of this Constitution are in contravention to any provision of the Act, such provision shall, to the extent of such contravention, deemed to be pro non scripto.
ARTICLE 3 – OBJECTS
Amend To Read:
3.8 to register pure bred dogs and issue pedigrees, affixes and transfers of dogs and other associated transactions in terms of the Act;
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 for arbitration;
3.20 to conduct its operations as a Registering Authority and an Animal Breeders’ Society in accordance with the provisions of the Act.
ARTICLE 4 – POWERS
Amend to read:
4.17 to do all things required to function optimally and legally as a Registering Authority and an Animal Breeders’ Society in terms of the Act;
ARTICLE 15 – FEDERAL COUNCIL - PERSONS INELIGIBLE FOR MEMBERSHIP
15.4 is a paid employee of the Kennel Union.
ARTICLE 16 – FEDERAL COUNCIL - MEETINGS AND PROCEEDINGS
16.3.1 Delete altogether.
As various amendments become effective the documents
displayed on the KUSA website will be altered
accordingly. These documents may
be downloaded for free.