ZIMBABWE HUNTERS’ ASSOCIATION
C O N S T I T U T I O N
The name of the Association shall be the ZIMBABWE HUNTERS’ ASSOCIATION (hereinafter referred to as “the Association”).
The Headquarters of the Association shall be situated in Harare or at such other place in Zimbabwe as may from time to time be determined by the Association in General Meeting.
3. CORPORATE BODY
The Association shall be a corporate body with perpetual succession having an existence separate from its members and shall be capable of suing and being sued and of holding property apart from its members.
The objects of the Association shall be:
4.1 to make available reasonable and controlled hunting to all members;
4.2 to encourage the conservation and proper utilisation both in Zimbabwe and elsewhere of wild fauna; the restoration of wildlife habitat; the rehabilitation of wildlife population and the use of land for the purpose of wildlife preservation and conservation;
4.3 to co-operate with associations and to affiliate to any National body having objects wholly or in part similar to the objects of the Association;
4.4 to represent the views of the Association to any competent authority on matters pertaining to the conservation and utilisation of wildlife;
4.5 generally to assist and advise in the control and management of hunting (in all forms) and in the preservation, conservation and utilisation of wildlife;
4.6 to encourage controlled, fair, clean and sporting methods of hunting and to discourage all unsporting and unlawful hunting practices;
4.7 to co-operate and work in conjunction with the Department of National Parks and Wildlife Management of Zimbabwe on matters of common interest and generally for furthering the objects of the Association;
4.8 to sponsor, assist and advise on legislation, Regulations or measures pertaining to the utilisation, preservation and conservation of wildlife and particularly the Parks and Wildlife Act, 1975, or any amendment thereof, or Regulations promulgated thereunder;
4.9 to study and improve the natural habitat of wildlife, to investigate the importation of new species and the possible domestication of Zimbabwe’s indigenous wildlife;
4.10 to enlist the sympathy and assistance of farmers, ranch owners and others in furthering the objects of the Association;
4.11 to enlist the co-operation and support of all sportsmen in Zimbabwe in attaining the objects of the Association;
4.12 to sponsor research into matters included within the scope of these objects;
4.13 to disseminate information and to make propaganda designed to further general knowledge, interest and support in the conservation of wildlife.
5. POWERS OF THE ASSOCIATION
The powers of the Association shall be:
5.1 to open and operate banking and other accounts;
5.2 to invest and deal with the monies of the Association not immediately required upon such securities and in such manner as may from time to time be determined.
5.3 to borrow or raise money on loan under the security of the Association’s movable or immovable property;
5.4 to purchase, take on lease or otherwise acquire any land and/or buildings and any movable or immovable property necessary or convenient for carrying out the objects of the Association;
5.5 to sell, improve, manage, exchange, lease, mortgage, dispose of, turn to account, give servitude, or otherwise deal with all or any part of the movable and immovable property and rights of the Association, but so that the amounts realised and the profits, if any, shall be applied in promoting the objects of the Association;
5.6 to apply the income and profits, if any, of the Association solely towards the promotion of the objects of the Association as herein set forth;
5.7 to appoint, remunerate and remove servants or agents of the Association;
5.8 to pass, amend, rescind and enforce by-laws for the regulation of the Association’s affairs and in particular by-laws relating to hunting in areas leased by the Association;
5.9 to take professional advice on all matters affecting the Association and to institute, conduct, defend, compromise or abandon legal proceedings, and to provide legal assistance to members on matters affecting their interests;
5.10 to enter into such contracts and do all such lawful acts and things (including the variation and cancellation of contracts) as are incidental or conducive to the attainment of all or any of the objects of the Association;
6.1 Any resident of Zimbabwe may apply for membership of the Association:
6.1.1 if under the age of 19 years as a Junior Member provided that one of his parents, uncles, aunts or grandparents or a sponsor for him approved by the Executive Committee is an Ordinary or Life Member;
6.1.2 if 19 years of age or over, as an Ordinary Member;
6.1.3 if he does not wish to hunt, as a Non-Hunting Member.
Such application shall be in such form with such proposals as shall
be required from time to time by the Executive Committee of the Association (as hereinafter defined).
6.2 The Executive Committee shall consider and decide upon any such application at its next annual meeting held to consider applications for membership. Such application, if approved, shall be provisional for a period of three (3) years whereafter membership shall lapse unless the provisional member concerned is expressly confirmed as a member by the Executive Committee.
6.3 Applications may also be made to the Executive Committee by any ordinary or non-hunting member to convert his membership into :
6.3.1 either life membership or life membership as a non-hunting
6.3.2 absentee membership should he cease to reside in Zimbabwe.
The Executive Committee shall consider and decide upon any such application at its next annual meeting held to consider applications for membership.
6.4 The Executive Committee may in addition grant honorary membership to any person whom it considers has so served the Association or its objectives as to be worthy of such grant.
6.5 Applications may additionally be made to the Executive Committee by :
6.5.1 residents and non-residents of Zimbabwe for temporary non-hunting membership;
6.5.2 non-residents of Zimbabwe for temporary hunting membership;
which shall be for a period not exceeding three (3) months. Such applications shall be decided upon at the next meeting of the Executive Committee.
6.6 No member shall be entitled to hunt in any area under the jurisdiction of the Association:
6.6.1 if he is a non-hunting member or non-hunting life member;
6.6.2 if he is a life member appointed after the adoption of this Constitution and ceases to reside in Zimbabwe;
6.6.3 if he is an honorary member and ceases to reside in Zimbabwe;
6.6.4 if he is a junior member, unless he is accompanied by an ordinary member when hunting.
6.7 Membership shall terminate:
6.7.1 upon the lapse of provisional membership;
6.7.2 upon the death or resignation of a member;
6.7.3 upon the failure of a member to pay membership fees or levies which are in arrear within fourteen (14) days of demand in writing by the Secretary of the Association, provided that the Executive Committee may waive the provisions of this clause on good cause being shown;
6.7.4 upon the termination of membership of a member for an infringement of the Constitution or any by-laws framed thereunder, or for acting in a manner detrimental to the interest of the Association, provided that the grounds of the proposed expulsion are set out in a notice in writing, of not less than seven (7) days, convening the meeting of the Disciplinary Committee, constituted in terms of clause 10.2 below, and that the member concerned is given an opportunity to state his case at the meeting and to call witnesses in support thereof;
6.7.5 all monies due to the Association by a member prior to the termination of his membership shall remain payable by him to the Association.
7.1 The management of the Association and the exercise of its powers shall be subject to any limitations contained herein or imposed at a General Meeting of the Association and be vested in an Executive Committee whose members shall hold office from the conclusion of one Annual General Meeting until the next, but whose members shall at each Annual General Meeting be eligible for re-election.
7.2 The Executive Committee shall be elected by the National body of membership of the Association. The Committee shall consist of not less than six members and not more than ten members including the Chairman.
7.3 The Executive Committee shall elect a Chairman and Vice Chairman from amongst its members.
7.4 The Executive Committee shall appoint a Secretary/Treasurer with such remuneration, if any, as it may fix and determine.
7.5 The Executive Committee shall meet as often as is necessary to transact the current business of the Association.
7.6 Five (5) members of the Executive Committee shall form a quorum and the Chairman shall have a casting as well as a deliberative vote.
7.7 Apart from its general powers aforesaid the Executive Committee shall have power:
7.7.1 to appoint a member of the Association to fill in any temporary vacancy that may occur on the Executive Committee;
7.7.2 to appoint such sub-committees, upon such terms as it shall deem necessary, provided that they shall have at least one member of the Executive Committee serving on them and provided further that the quorum for such sub-committees shall be two, one of whom shall be an Executive Committee member;
7.7.3 to pass, amend and rescind by-laws for the regulation of the Association provided that such by-laws are not inconsistent with the constitution or any resolution passed at a General Meeting of the Association and provided that any by-laws so passed, amended or rescinded shall be subject to confirmation at the next Annual General Meeting, but shall be of force and effect pending such confirmation
7.7.4 to regulate and determine membership fees from time to time and to raise such levies from members as it shall consider necessary from time to time;
7.7.5 to issue a Code of Conduct to members governing inter alia their participation in hunting activities in Zimbabwe, whether or not within areas under the jurisdiction of the Association and to amend such from time to time.
7.8 Membership of the Council shall automatically cease:
7.8.1 upon termination of the Executive Committee member’s period of office;
7.8.2 upon his resignation from the Executive Committee;
7.8.3 upon his ceasing to be a member of the Association;
7.8.4 on his absenting himself from three consecutive meetings of the Executive Committee without leave of absence from the Executive Committee.
MEETINGS OF THE ASSOCIATION
8.1 The Association shall hold an Annual General Meeting of its members at least once each calendar year, not less than one month nor more than four months after the close of the financial year, at a time and place to be determined by the Council and the business of the meeting shall, so far as may be necessary, include:
8.1.1 the reading and confirmation of the Minutes of the previous Annual General Meeting, and of any Special General Meetings;
8.1.2 the Chairman’s annual report;
8.1.3 the financial report and presentation of accounts;
8.1.4 declaration of appointment of members of the Executive Committee pursuant to the provisions of clause 7.2 above after resolving any issues concerning such appointments;
8.1.5 the appointment of Auditors if thought necessary by the Executive Committee;
8.1.6 any other business of which notice has been given to the Association prior to the despatch of notice of the meeting to members;
8.1.7 with the consent of the meeting, any other business.
8.2 Special General Meetings may be held:
8.2.1 whenever, in the opinion of the Executive Committee, such a meeting is necessary;
8.2.2 on the requisition of not less than ten (10) members within thirty (30) days of such requisition.
8.3 Notice of every General Meeting, showing the business to be transacted thereat, shall be given to members not less than twenty-eight (28) days before the date of an Annual General Meeting and not less than fourteen (14) days before the date of a Special General Meeting.
8.4 All motions to be presented at a General Meeting shall be reduced to writing and shall be delivered to the Secretary to be read to the meeting. A motion at a General Meeting, of which details have not been given in the notice convening the General Meeting, shall only be considered if proposed by one member and seconded by another member.
8.5 All matters on which the Constitution or by-laws are silent shall be decided by a majority of the votes of the members present.
8.6 The quorum for any General Meeting shall be ten (10).
8.7 If within fifteen minutes of the time fixed for any meeting a quorum is not present, the meeting shall be dissolved if it is a Special General Meeting
convened in terms of clause 8.2 above, otherwise it shall stand adjourned to the same time and place on the same day in the next week, or such other time, place or date as may be determined by the Executive Committee. At such further meeting, the members present shall form a quorum.
8.8 The proceedings of any meeting shall not be invalidated by reason of the non-receipt by any member of the notice of that meeting.
8.9 At all meetings of the Association the Chairman, or in his absence, the Vice Chairman, shall preside.
8.10 At all meetings of the Association each member, other than an Honorary Member, shall be entitled to one vote and in the event of an equality of votes, the person presiding over the meeting shall be entitled to a casting vote in addition to his deliberative vote.
8.11 Votes may be cast by proxy, held by a member of the Executive Committee in form approved by the Executive Committee.
8.12 The Association shall cause full and proper minutes of its proceedings and those of the Executive Committee to be made and kept and these shall be circularised to all members.
9.1 The funds of the Association shall be banked in the name of the Association with such bank or banks as the Executive Committee may from time to time determine, and cheques, bills and other negotiable documents shall be signed by two persons authorised by the Executive Committee.
9.2 The Executive Committee shall cause true accounts to be kept of all monies received and expended by the Association and the matters in respect of which such receipt and expenditure took place, and of the assets, credits and liabilities of the Association. The books of account shall be kept at the office of the Association or at such other place as the Executive Committee shall decide and they shall be open to inspection during normal business hours by members of the Executive Committee.
9.3 The financial year of the Association shall be from the 1st January to 31st December unless otherwise determined by the Executive Committee from time to time.
9.4 A balance sheet and income and expenditure account in respect of each financial year of the Association shall be prepared by the Secretary and shall, with any report thereon, be circulated to members by notice to them not less than seven (7) days before the Annual General Meeting.
10. DISCIPLINARY MATTERS
10.1 Disciplinary measures of the Association may include suspension or termination of membership, temporary disqualification from hunting activities in any area under the jurisdiction of the Association or cancellation of participation in any hunt drawn in any area under the jurisdiction of the Association, with or without forfeiture of fees paid for participation and trophies.
10.2 All disciplinary matters shall be administered by a Disciplinary Committee comprising :
10.2.1 three persons, including at least one member of the Executive Committee, who are either a member of the Association or a member of the Department of National Parks and are appointed by the Executive Committee to determine all issues arising in disciplinary proceedings against any member of the Association which, if a referee is appointed in terms of clause 10.2.2 below are not reserved for such referee; and
10.2.2 if the members of the Disciplinary Committee appointed in terms of clause 10.2.1 above decide to appoint a referee, an independent Legal Practitioner practicing in Zimbabwe, and qualified as such for the preceding five years, who may be so appointed to act as referee to decide on issues of procedure or law that may arise in the disciplinary proceedings, but otherwise not to exercise a deliberative vote in any proceedings or decisions of the Disciplinary Committee.
10.3 In all its proceedings the Disciplinary Committee shall be guided by the Code of Conduct issued by the Executive Committee to the members of the Association as amended from time to time, and shall observe the rules of natural justice, but shall not be obliged to afford the opportunity of legal representation at any hearing of evidence or argument convened by it.
10.4 The Disciplinary Committee shall not be limited in its exercise of disciplinary measures to the punishment of members who have been convicted of a criminal offence in respect of the matter giving rise to the complaint against the member referred to it.
The Constitution of the Association shall not be altered or amended save by resolution duly passed at a General Meeting of the Association by a majority consisting of not less than two-thirds of the members present and voting at the Meeting and the by-laws of the Association, if any, shall not be altered or amended save by a simple majority of the members present and voting at such meeting.
Any such amendments, additions or alterations must be approved by the Commissioner of Taxes.
12.1 The Association may be dissolved at any time by a Resolution passed by a three-fourths majority of the votes cast by those members present or voting at any Annual or Special General Meeting, who in addition constitute at least one half of the total number of the members of the Association.
12.2 Upon the dissolution of the Association, the property of the Association not consisting of money shall be sold and the proceeds, together with so much thereof as shall consist of money, shall be applied in satisfaction of the debts and liabilities of the Association and, subject thereto, the balance of the receipts and accruals, whether current or accumulated, may not be divided amongst, credited to or so dealt with as to benefit any member, other than by way of remuneration for services rendered, and will be transferred to a similar exempt body, approved by the Commissioner of Taxes.
No member or officer of the Association shall be liable for the acts or omissions of any other member of the Association, or officer, by reason of his having joined in any receipt of money not received by him personally, or for any loss of accounts or defect of title to any property acquired by the Association or on account of the insufficiency of any security in or upon which any monies of the Association shall be invested or for any losses incurred through the act or default of any banker, broker or other agent, or upon any ground whatever other than his own wilful acts and defaults.
Should any difference or dispute arise with regard to the interpretation of this Constitution or should any matter arise in respect of which no appropriate provision is made in this Constitution, the matter shall be referred to the Executive Committee whose decision shall be final.