Constitution

1. The name of the Council shall be the Rottweiler Breed Council of KUSA

2. Area of Operation and Jurisdiction The Council, established in terms of Article 20(3) of the Constitution of KUSA as an Advisory Body, shall operate in and with jurisdiction over the KUSA area as defined in Article 13 of the said Constitution, under the provisions of this Constitution and under such additional powers as may be delegated to it from time to time by the Federal Council, in relation to and over every Rottweiler Breed Club affiliated to the KUSA, which carries its activities within such centres.

It is not intended that the Council, in the implementation of its delegated powers, will encroach upon policy matters specially reserved for the Federal Council and specially delegated to its Provincial councils; nor will membership of the Council detract in any way from the inalienable rights of Member Clubs in terms of the obligations of affiliation to the KUSA and the dictates of Club Constitutions, but will devote itself entirely to the betterment of the Rottweiler breed.

3. Interpretation of Terms Throughout this Constitution and in any Regulations framed there-under, words importing the singular shall include the plural; words importing the masculine gender shall include the feminine and neuter genders and vice versa, unless such interpretation is inconsistent with the context hereof. “Club” means any Specialist Rottweiler Club, the objects of which include the welfare of, interest in, breeding and importation of Rottweilers, as distinct from a Training Club, whose main object is the training of dogs of any ancestry, not eligible for entry to the Breed Registers. Such Club is affiliated to KUSA and carries on its activities within the area of jurisdiction of the Rottweiler Council and its Committee Members and should be active and acknowledged as such in the Breed concerned. “Centre” means a geographical area of South Africa, as defined by Article 13, Schedule 3; Regulations for Championship Shows Breed, Regulation 2.2 of the Constitution of the KUSA. “Council” means the Rottweiler Breed Council of KUSA. “Dog” means Rottweiler. “Dog Show’ means any exhibition or show of dogs defined in and recognised by the Constitution of the KUSA. “Championship Show” (Breed) means a dog show at which the KUSA permits its challenge certificates to be awarded and may include any other certificates applicable to the Rottweiler Breed. “Non-Championship Show” (Breed) means an open show, limited show and match meeting. “Specialist Show” means a dog show at which the KUSA permits certificates, which may apply to the Rottweiler Breed, to be awarded. “Federal Council” means the Federal Council of the KUSA. “Kennel Union” means the Kennel Union of Southern Africa. “Member” means a member of a Rottweiler Club, which is a member club of the Rottweiler Breed Council of KUSA. “Member Club” means a Club which has been admitted to membership of the Rottweiler Breed Council of KUSA. “Representative” means a nominee appointed by a Member Club, in terms of Article 11 of this Constitution. “Secretary” means the Secretary of the Rottweiler Breed Council of KUSA.

4. Objects The objects of the Council shall be as follows:

4.1 To assist, supervise and promote the breeding and training of Rottweilers and to advise on the well being of and the interest in the Breed and to encourage participation in Sporting activities, to ensure physical fitness of dogs and owners by systematic training in all aspects of the work.

4.1.1. To provide a single body representative of all Rottweiler Clubs carrying on their activities within the area under its jurisdiction., where such channel of communication is necessary and convenient and is included in this Constitution.

4.1.2 To provide the means of closer co-operation and liaison between all Rottweiler Specialist Clubs and to promote a better understanding and knowledge of dogs and dog affairs among Club members and people interested in dogs.

4.1.3 To organize competitions and encourage a spirit of companionship amongst all participants in the Sport.

4.2 To observe and adhere to the Breed Standard, adopted by the KUSA for the Rottweiler Breed. 4.3 To promote training of Rottweilers in line with the training tests and trials, as accepted by the Council and as adopted by KUSA and thereby preserve, consolidate and strengthen the special characteristics of the breed through the controlled enhancement of its physical attributes and character.

4.4 To promote the training of Breed and Working Test Judges, as well as Helpers for Working Tests.

4.5 To promote the identification of dogs and the issue of KUSA certificates of registration and transfer. To obtain details of registration, which will be provided by the Kennel Union on a regular basis and to advise breeders to encourage owners to register transfers of the registered ownership, on the acquisition of a dog.

4.6 To recommend any matters concerning Breeding, Breed Assessments, show organisation and training tests.

4.7 To publish an informative magazine, including promotional material including supportive information on scientific research and advice relative to diseases, breeding, rearing and keeping of Rottweilers and future information regarding procedures and policies on these matters.

4.8 To create the correct public image of the Rottweiler, with particular emphasis upon the younger generation, who will be the breeders, trainers and exhibitors of the future.

4.9 To provide a channel of communication to the Federal Council and between member clubs and the Kennel Union, without limiting the generality thereof, this object shall be attained by the Council, assisting and representing Member Clubs in their collective dealings and communications with the said KUSA, when such a single channel of communication is deemed necessary or convenient.

4.10 The applicability, observance, force and effect of the Constitution of the KUSA and any schedule thereto.

4.11 The consideration of any proposed alterations and amendments to this said Constitution and any schedule thereto.

4.12 To assist and represent the Federal Council in its dealings and communications with Member Clubs and to perform such other functions as may be delegated to it from time to time by the Federal Council.

4.13 To act as an intermediary between Member Clubs and any private body, whether the same shall be corporate or unincorporated; a charitable organisation; an association of persons or an individual and in connection therewith to fulfill the function of the authorized representative and official spokesman for Member Clubs, in all their collective dealings and communications, with such body.

4.14 To observe, promote, support and uphold, in all its activities, the principles of the KUSA and to suppress and abolish any forms of dishonesty in canine affairs.

4.15 To introduce as a required qualification for Championship status, that there must be an acceptable hip score and a BA or BST qualification.

4.16 To promote IPO/SchH training and qualification of dogs (in order to help preserve the inherent working qualities of our Breed stock).

4.17 To promote the Aptitude Testing of dogs in order to gauge their working potential (should it not be possible for owners to participate in IPO/SchH).

4.18 To strive towards providing proof of dogs being either HD free or rated acceptable for breeding by SAVA or another body acceptable to both the Federal Council and to the Rottweiler Breed Council, prior to being awarded Championship status.

4.19 Activities To meet the objects of and hold membership of the Rottweiler Council, the following activities are to be undertaken by member Clubs, which by reason of their membership:-

4.19.1 Accept the Constitution of the Council

4.19.2 Provide facilities for the training of Rottweilers, in line with approved training tests, e.g. IPO/SchH/BA/BST/BH/ITT.

4.19.3 Hold Breed shows in terms of the KUSA Constitution and hold Breed Surveys / Assessments and Training tests, in terms of procedures adopted by the Council.

4.19.4 Provide information on the breeding, rearing and training of Rottweilers.

4.19.5 Encourage the exchange of mutual experiences amongst members, fostering friendly relations between members and building a good Club spirit.

4.19.6 Promote the Rottweiler. Note: In the case of 4.19.2 and 4.19.3, where Member Clubs request dispensation to postpone these activities, such dispensation to be granted up to a maximum of two (2) years from date of acceptance of this Constitution.

5. Powers The Council shall be empowered to:

5.1 Adopt all such consultative and executive powers granted to it and without derogating from the generality thereof, shall -

5.1.1 Make reports and recommendations to the Federal Council, wherever a Member Club has allowed or permitted disregard for the KUSA’s Constitution or any Schedule thereto or failed to observe the provisions thereof.

5.1.2 At the request of the Kennel Union, nominate from its members or Member Clubs’ representatives, such persons as to constitute special committees, whenever any such committee is established by the Federal Council in terms of Article 19 of the KUSA Constitution.

5.1.2.1 Appoint Sub-Committees, when such appointment is considered necessary and desirable to deal specially with: a) Breed matters b) Training of Specialist Breed & Working Test Judges c) Magazine publication and Public Relations d) Records of Working dogs, Registrations and Transfers e) Scientific research f) Financial and other such matters, which may be considered necessary and conveniently allocated to a sub-committee, which may assume more than one function if required. Sub-committees shall report back to the Council with copies of all Minutes of meetings held.

5.1.3 Exercise all executive powers granted by the federal Council of the KUSA in relation to all member Clubs.

5.2 Institute enquiry into and investigation and demonstration of any matters, relating to any of its objects;

5.3 To supervise the investment of surplus funds, not immediately required for administrative expenses, in any registered Commercial Bank or registered Building Society, as agreed by the Council and in the name of the Council and to operate such accounts as may be deemed necessary and permit withdrawals on the signatures of any two of the Chairman, Vice-Chairman, or nominated members of the Council.

5.4 To keep such books and records as may be necessary or convenient, subject to all such books and records being made available to its members at all reasonable times;

5.5 Do all such other things as are incidental or conducive to the attainment of the Council’s objects or any of them.

6. Official Address The Council’s domicile will normally coincide with the domicile of its administrative headquarters, to which all official notices and communications of every sort shall be addressed and delivered, as advised to the KUSA.

6.1 All communications sent by the Secretary to Council Clubs, members, delegates, officials, office holders, members of affiliated Clubs and the public shall be deemed to have been received within 10 days when proof of dispatch by registered mail, mail per AR card and/or e-mail is presented by the Council.

7. Membership 7.1 Subject to the method of representation set out in Article 11.0 hereof, membership of the Council will be open to:

7.1.1 Every Rottweiler Specialist Club, carrying on its activities in the KUSA area of jurisdiction, provided it is affiliated to the KUSA for so long as it remains affiliated.

7.1.2 Whenever a new Rottweiler Specialist Club is affiliated to the KUSA, its membership of the Council shall commence from the date its affiliation has been accepted by the Federal Council of the KUSA, i.t.o. Article 8 of the KUSA Constitution and no other formality shall be required to obtain and retain membership, other than that its Committee at all times is comprised of members 80% of which are past or present Rottweiler owners.

7.1.3 Voting Powers Voting powers of the Member Clubs represented, are limited to representatives of the Rottweiler Specialist Clubs, who shall each have one vote, save and except that Member Clubs which can prove that they have a sustainable membership in excess of 200 members, shall have two votes as long as a membership in excess of 200 exists.

8. Vesting of Property The President of the Kennel Union, who is the Chairman of the Federal Council, for the time Being, shall be the Trustee of the Council, together with a minimum of one other member of the Council, who may be the Chairman of the Council, or a member nominated by the Council, who may not be a close relative to the Council’s Chairman and who shall be appointed by resolution of the Council, in whom shall vest all the moveable and immoveable property of the Council and who shall be entitled to sue and accept service in the name of the KUSA and the Council. In handling the property of the Council and in dealing with legal issues, the Trustee/s shall always act on behalf of the KUSA and the Council and in accordance with such directions given or decisions made from time to time, by Resolution of the Federal Council of the KUSA. The Trustee/s shall not be obliged to file security, under any law whatsoever.

9. Liability

9.1 The Council 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 Member Clubs and/or their representatives.

9.2 Notwithstanding the Council’s establishment in terms of Articles 18 (i) of the Constitution of the KUSA and notwithstanding those duties, functions and activities carried out by the Council, pursuant to powers delegated by the Federal Council of the KUSA, the Federal Council of the KUSA shall be liable only for such debts of whatsoever nature incurred by the Council, provided the Council acted in accordance with directions given or decisions made by the Federal Council of the KUSA. In no circumstances and on no occasions whatsoever, will the Council have power to bind the Federal Council of the KUSA or the KUSA aforesaid, for any financial consequences of the Council’s decisions, duties, functions and activities, nothing whatsoever excepted, unless expressly authorized in writing under Resolution of the Federal Council of KUSA.

9.3 The Council may sue and be sued in the name of the Trustees acting in their representative capacities, in any competent court of law having jurisdiction. All process of law, notices and similar documents shall be deemed to have been served personally upon the Council, if served personally upon its Trustees. The Trustees shall not be personally liable for any loss suffered in consequence of any action at law or other legal proceedings brought against them in their representative capacities and the KUSA and the Council shall indemnify and hold them free and harmless therefrom.

9.4 Indemnity All Office bearers and members of the Council shall be indemnified by the Kennel Union of Southern Africa, in respect of any legal liability incurred while acting on behalf of the Kennel Union of Southern Africa or the Council, provided they acted in accordance with the directions given or decisions made from time to time by resolution of the Federal Council of the Kennel Union of Southern Africa.

10. Annual Subscription

10.1 The Council’s Financial year shall commence on the first day of September and expire on the first day of August, each year.

10.2 The Council shall be funded by KUSA under arrangements agreed to by Member Clubs.

10.3 Audited Financial Statement The Council shall submit its books of account and financial records for annual audit by a public accountant, not later than the 30th September of each year and shall forward to the KU one copy of its audited accounts of income and expenditure and the Council’s balance sheet, before the 31st October of each year.

11. Organisation Members belonging to Member Clubs are represented on the Council via their elected representatives and as such have a say in the running of the affairs of the Council.

11.1 Member Clubs

11.1.1 Members belong to Member Clubs which are established to: Facilitate the exchange of mutual experience amongst members and the sharing of advice on breeding, rearing and training of Rottweilers, provide facilities for the training of Rottweilers, stage Breed Shows, Breed Surveys and training tests.

11.1.2 In order to be represented with the power to vote, Member Clubs must accept the Constitution of the Council.

11.1.3 Termination: If a Club fails to operate in the interests of the Rottweiler or the Rottweiler Council, the Council is empowered to recommend to the Federal Council that membership of the Council be terminated.

11.2 Council

11.2.1 The Council consists of one representative from each Member Club, as well as one alternate member appointed by each Club

11.2.2 Representative members of the Council and their duly appointed alternates shall exercise their membership in person.

11.2.3 The only qualification required by a nominee shall be his Chairmanship / membership of the Member Club and accreditation in writing given by the Club so represented. A person may not represent more than one Club on the Council.

11.2.4 At the first meeting held by the Council in each financial year, all representatives shall present their credentials and satisfy the meeting of their appointment thereto and thereafter any change of representative shall be authenticated by the Member Club or Member Clubs concerned. Every representative shall notify the Secretary of an address, to which all notices intended for the Club or Clubs represented by him / them, shall be sent.

11.2.5 All representatives shall have competence and be entitled to participate in all the business of the Council in every way.

11.2.6 All the business and affairs of the Council shall be managed and controlled by the representatives of its Member Clubs, who have full power and authority to carry on all or any of the objects and to exercise all or any of the powers set forth in these Articles.

11.2.7 At the first meeting held by the Council in each alternate financial year, the Council shall elect the Council Chairman and a Vice Chairman who shall hold office for two years, always provided that in the event of either office bearer being unable to continue to act in such capacity during the course of his term of office, members of the Council may at any time elect from their number a replacement therefore.

11.2.8 The Council shall appoint a Secretary of the Council who need not be a representative and the Secretary shall hold appointment for such period of time as the Council may decide. In addition to a Secretary, the Council may appoint a Treasurer who need not be a representative and the Treasurer shall hold appointment for such a period of time as the Council may decide.

11.2.9 In addition to but without derogating from its general authority, the Council may:

11.2.9.1 Frame regulations or by-laws for the better conduct of its functions, subject to approval by the Federal Council.

11.2.9.2 Determine what proportion of its funds shall be kept on current account and what proportion shall be invested and shall nominate signatories, who shall not be related to or domiciled with each other, to operate upon all accounts owned by the Council.

11.2.9.3 Determine what honorarium, or salary (if any) shall be paid to its Secretary or Treasurer and the nature and extent of his duties.

11.2.9.4 The appointment of Auditor/s, who may not be a member or close relative of a member of the Council.

11.2.9.5 Recommend to the Federal Council that a Member Club be disaffiliated in terms of Article 9 (1) of the Constitution of the Kennel Union, whenever it appears that such club has carried on its activities, or one or some of them, contrary to the terms or spirit of the Kennel Union’s Constitution or any Schedule made thereunder, or Has manifested contempt for or indifference to the said Constitution or Schedule, or has behaved or supported any behaviour which undermines or tends to undermine the objects of the Council and the Kennel Union and the authority thereof

11.2.9.6 Perform all acts and deeds and do all things, which are consistent with this Constitution.

11.3 Persons ineligible for Membership 11.3.1 No person shall be eligible for election or appointment to the Council, any of its Committees if he:

11.3.2 sustains a suspension or disqualification imposed under Schedule 1 (Disciplinary Rules) or any civil judgement given against him under Schedule 9 (Code of Ethics) of the KUSA Constitution.

11.3.3 is convicted of any criminal offence and sentenced to imprisonment without the option of a fine or convicted of any offence relating to cruelty towards or neglect of an animal.

11.3.4 is employed by the KUSA 11.3.5 is declared insolvent or Bankrupt.

12. Meetings The Council shall not hold less than one (1) meeting in February/March each year and may thereafter meet as often as its members deem necessary or convenient. All meetings shall be held at a suitable venue upon such day and at such hour as the majority may decide. Minutes of every Council meeting shall be recorded by the Secretary, or in his absence by some suitable person appointed by the Council to act as Secretary, for that meeting. The Chairman of the Council shall be the Chairman of all meetings but whenever he is not present, the Vice Chairman shall preside and in the event of the Chairman and Vice Chairman being absent, a nominated member of the Council shall preside.

12.1 The quorum at any meeting of the Council shall be as follows: When the Council consists of five or six Clubs, the quorum shall be four. When the Council consists of seven or eight Clubs, the quorum shall be five. When the Council consists of nine Clubs, the quorum shall be six. The quorum shall include the Chairman or the Vice Chairman of the Council. In the event of a resolution of the Council being required as evidence for any purpose whatsoever, a copy thereof, signed by the Chairman and the Secretary, shall be accepted as conclusive proof of the contents thereof. A meeting of the Council must be held when more than half of the Council members submit a written request to the Secretary. As far as possible, all areas should be represented. Meetings shall only be held when a large number of matters, elections or constitutional matters justify such a meeting. Where possible, all matters should be dealt with by correspondence. The Chairman is entitled to attend, ex officio, any meeting of any Committee and Sub Committee and should be informed of all meetings. The President of KUSA is entitled to attend, ex officio, any meeting of the Council or any Committee or Sub-Committee and should be informed of all meetings.

12.2 Agenda and Minutes Notwithstanding any prior arrangements relating to the date of the Council’s next meeting, the Secretary shall send written notice by pre-paid post or e-mail to each representative at the Member Club’s address, notified in terms of Article 11 hereof, giving all members not less than six (6) weeks, forty two (42) days notice of every meeting, specifying the date, time and venue thereof and with every such notice shall be sent a copy of the Agenda of business to be dealt with. One further copy of such notice and agenda shall also be sent to the Secretary of KUSA. In the cases of urgent matters, the period of notice for meetings to be not less than 21 days.

12.3 Voting

12.3.1 Every representative of a member Club with voting rights, represented on the Council (refer 7.1.3) and/or any other Committee, shall be entitled to abstain from voting, or to exercise a single deliberative vote except in the case of Council Meetings where proportional voting may apply from time to time.

12.3.2 In addition to his deliberate vote, the Chairman of every meeting shall be entitled to exercise a single casting vote in the event of the total votes cast being equally divided between those in favour of the motion and those against such motion.

12.3.3 Any abstentions and all voting shall be exercised openly and shall be recorded by the Secretary, save that the number of votes cast for and against a motion shall be recorded, unless the total votes cast are equally divided, in which case the Secretary shall record the name of the member and such member’s voting and the determination of the Chairman’s casting vote, if so exercised.

12.3.4 Voting upon all motions shall first require a proposer and a seconder, in the absence of which the motion shall fail. A simple majority of votes shall decide any question put to the vote at any meeting of the Council, save and except for changes of general policy, when the following numbers of members’ representatives’ votes shall be in favour of the proposal: When the Council vote total consists of five or six votes, four votes shall be in favour; when the Council vote total consists of seven or eight votes, five votes shall be in favour; when the Council vote total consists of nine votes, six votes shall be in favour.

12.4 Obligations

12.4.1 The Council shall send copies of its Minutes of all meetings incorporating matters dealt with by Sub-Committees and including special meetings held pursuant to the provisions of Article 18(3) of the KUSA Constitution, to the Secretary of KUSA.

12.4.2 Copies of such Minutes shall be dispatched to the Council Members and the KUSA, not later than seven (7) days after the meeting, notwithstanding that such Minutes are unconfirmed and open to correction before adoption at the next Council meeting.

12.4.3 After confirmation and adoption of Minutes, the Secretary shall immediately send to the KUSA copies of any corrections to such Minutes previously dispatched in terms of paragraph (12.4.2.) hereof. Alternatively, he shall send written confirmation that such minutes were confirmed and adopted without correction.

13. Amendment of the Constitution This Constitution and all the Articles thereof may be repealed, substituted, amended or added to at any meeting of the Council, provided that any member desiring to move such amendment shall notify the Chairman or Secretary in writing, giving a draft text of the proposal, which shall be included in the Agenda for the meeting at which such proposal will be moved and further provided that any such amendment, if approved by the Council, shall not become of any force or effect until it has received the written approval of the Federal Council of the KUSA.

13.1 In terms of Article 20.3 of the Constitution of the Kennel Union of Southern Africa, the Federal Council may revoke at any time any of the powers granted to the Breed Council or delegate such powers as it sees fit.

13.2 Copy of the Constitution A copy of the Constitution of the Council, certified Correct by the Chairman and the Secretary, may be accepted as evidence for any purpose whatsoever and in all legal proceedings, in or out of court.

14. Saving Notwithstanding anything to the contrary, here-in-before stated Club membership of the Council shall not derogate from such member’s autonomy as a Club affiliated to KUSA, save and except in those cases where the Council acts in terms of a specified power delegated to it by the Federal Council of KUSA.

10 March 2002

Addendum 1

MANAGEMENT COMMITTEE Addendum to Rottweiler Breed Council Constitution. To be put into effect on registration by the Breed Council and agreement by the Federal Council, when it is felt that there is a requirement for it, after the Breed Council has proved its ability to function as detailed in this Constitution.

1. The Management Committee consists of an agreed number of members, elected from the representatives of Member Clubs.

2. The duty of the Committee includes the implementation of all policy decisions of the Council, the representation of the Council in all legal or similarly important matters, the administration of all Council finances, the management of such Sub-Committees as may be established and the convening of meetings.

3. The members of the Management Committee shall be elected for a period of two years.