The founding constitution was drawn up and presented to the first general meeting of RECSKASA at the Underwater Club, Bay Road, Mouille Point, Cape Town in July 1997 for discussion and approval. It was adopted on 31 July 1997 according to the procedures laid down within.

CONTENTS

1. NAME
2. LEGAL STATUS
3. AIMS AND OBJECTIVES
4. MEMBERSHIP
5. STRUCTURE
6. MEETING PROCEDURE
7. ELECTION OF OFFICE-BEARERS
8. STAFF/EMPLOYEES
9. DISCIPLINE
10. FINANCIAL CONTROL
11. AFFILIATION
12. AMENDMENTS
13. DISSOLUTION
14. ADDITIONS

1. NAME
The name of the organisation shall be the: Recreational and Commercial Sea Kayaking Association of South Africa. It will be abbreviated as RECSKASA. The association's logo is reflected on its letterhead.

2. LEGAL STATUS
RECSKASA is a legal entity with a legal personality independent from those of its members and is capable of suing and being sued in its own name. The members of RECSKASA are therefore not liable for its debts and obligations.

3. AIMS and OBJECTIVES
3.1 To promote recreational and commercial sea kayaking [the act of paddling a sea-worthy kayak at sea or on open water] by:
3.1.1 Encouraging recreational sea kayakers and commercial sea kayaking enterprises country-wide to join together to discuss areas of common concern in order to control and direct our own pastime and industry.
3.1.2 Providing a forum for discussion and decision-making in respect of safety, guiding and commercial practices in particular. However, RECSKASA does not aim to fulfil an inspectorial function. It can merely attempt to encourage commercial operators, recreational paddlers and the relevant authorities to engage with it in discussion.
3.1.3 Setting the Curriculum, Training and Evaluation of Sea-kayak Guides and to seek accreditation with the relevant authorities, such as SATOUR.
3.1.4 Providing recreational, educational and community opportunities.
3.2 To represent recreational and commercial sea kayaking in South Africa by:
3.2.1 Negotiating with relevant authorities regarding access to nature areas and safety regulations.
3.2.2 Working together with other related groups, clubs and associations.
3.3 National representativeness and area of operation. RECSKASA is presently based in Cape Town but it is committed to representing sea kayaking nationally as well as internationally. Annual General Meetings may be held in different centres when membership justifies it.

4. MEMBERSHIP
4.1 Membership is open to all persons and companies interested in either recreational or commercial sea-kayaking who supports its aims and who agrees to abide by its objectives. There are recreational as well as commercial categories of membership as well as full membership [voting] and half membership [non-voting]. Members must apply to join RECSKASA by filling out an official form, signing it and paying the subscription fees.
4.2 Fees per Annum:

• Company*:………………………………......R100.00
• Full Member..……………………………..... R20.00
• Family**….……………………………....... .R25.00
• Country member……………………….....….R15.00
• International member…………………….......R0.00
• Under 18…………………………………......R10.00
• Courtesy member……………………….........R10.00
• Affiliated associations…….………………....R50.00
• Affiliated members ……………………….....R10.00

Any member who does not pay subscriptions within a period of three months of it becoming due, without providing a valid reason, shall cease to be a member of RECSKASA will be reviewed when it becomes necessary to do so.

*A company will be represented by one nominated person only who will be regarded as a Full member. Additional members must pay according to other appropriate categories. Commercial operators must join as a Company member in order to be able to advertise their company's membership to RECSKASA. By joining RECSKASA a company undertakes to abide by its aims and guidelines. Furthermore, a company involved with commercial sea-kayaking tours will only be allowed to claim full membership of RECSKASA, for purposes of advertising, if it meets the following criteria:

1. If its motor-vehicles are registered with the Department of Transport for the transportation of passengers, it possesses a Certificate of Fitness, its driver is in possession of a Public Driver's Permit and it has Passenger Liability cover.[This is only applicable where companies convey passengers].
2. If its craft are deemed sea-worthy by the appropriate authorities.
3. If its guides are suitably qualified according to criteria laid down by SATOUR in conjunction with RECSKASA..
4. If it has suitable indemnities or liability cover.
5. If it is a bona fide company.

A certificate will be issued to the effect where companies meet all the above criteria.

** Only two members of a family will have Full membership status.

4.3 Member benefits

1. Opportunity to meet like-minded outdoor persons and kayakers.
2. Opportunity to contribute to the growth of sea kayaking and eco-friendly sports.
3. Opportunity to learn more about kayaking and to participate in recreational excursions, commercial trips and guide-training.
4. Opportunity to attend regular meetings and vote in General and Annual RECSKASA meetings {Full Members only].
5. Receiving of a RECSKASA newsletters.
6. Product information and discounts.
7. Representation. [Not legal representation, however].
8. Club facilities.
9. Craft and personal cover [to be researched in the future].
10. Commercial operators will be able to discuss areas of mutual concern.

5. STRUCTURE
5.1 Annual General Meeting [AGM]
The AGM will be held once a year.
5.1.1 Notice Period
Notices, together with an agenda, must be given or sent to members at least three weeks before an AGM.
5.1.2 Quorum
A quorum for an AGM and for general meetings shall mean that at least 20 percent of Full members are present . Only paid-up members are eligible for voting and election to office.
5.1.3 Powers and Duties
The powers and duties of an Annual General Meeting will be:

1. To approve the projects and campaigns of RECSKASA
2. To approve all financial statements.
3. To approve the appointment of any full-time staff
4. To change or amend, where necessary, the aims or methods of operating of RECSKASA.
5. To elect office-bearers

5.2 General Meetings
General meetings will be held at least every 6 months.
5.2.1 Notice Period.
Notices, together with a written agenda, must be given at least two weeks before a general meeting.
5.2.2 Quorum.
The quorum of a general meeting shall be at least twenty percent of general full membership.
5.2.3 Powers and Duties
The powers and duties of a general meeting shall be to discuss and decide how to implement projects and campaigns, to discuss and approve financial matters and the appointment of staff in-between AGM's and to debate and decide on all issues brought forward by the committee [EXCO].
5.2.4 Finding and First General Meetings
The finding meeting would have been motivated and duly advertised by the finding member, or convenor. After establishing an interest group which would determine the needs, objectives and concept constitution of the association, and with such a group having run its course, a First General Meeting will be called and advertised within the means of the convenor, or the interest group, in order to formally establish the association and to elect its first office-bearers.
5.3 Executive Committee Meetings [EXCO]
EXCO meetings will be held at least every month
5.3.1 Quorum
A quorum for EXCO meetings will be at least 50 percent of EXCO members.
5.3.2 Composition

• The Chairperson
• The Vice-Chairperson
• The Secretary
• The Treasurer [which may be another or any of the above]
• Additional EXCO members, if necessary
• Regional Representatives
  These would include regional representatives who would not, however, form part of the quorum count. Initially regional representatives would be un-elected approved volunteers. Eventually they would be elected [by their own regions]. Regional Representatives will endeavour to promote RECSKASA and form affiliated associations in their regions.

5.3.3 Powers and Duties
The powers of EXCO will be :

1. To admit or refuse membership, with the understanding that a member may appeal to a general meeting should his or her application be refused .
2. To set up sub-committees where necessary and to allocate clear tasks to it, as well as time-limits by which it must report back to EXCO.
3. To plan the activities of the association in accordance with RECSKASA's Aims and Objectives.
4. To ensure that discipline is carried out [see Section 9]
5. To try and settle disputes between members.
6. To appoint or dismiss full-time staff.
7. To administer the finances of RECSKASA. This includes opening an account in the name of RECSKASA, defining clear duties of the Treasurer and authorising use of funds
8. To approve the annual financial statements of the organisation and submit this to the AGM
9. To fill vacancies of Office-bearers between AGM's where such occur.
10. To keep a record of points discussed and decisions taken.
11. To request from time to time that it be mandated to pursue areas of major concern and that it be allowed to use its discretion in such matters.

6. MEETING PROCEDURE
6.1 The chairperson shall chair all meetings, or in his or her absence, this shall be done by the Vice-Chairperson. Where both are absent, the meeting shall elect a Chairperson to chair that meeting.
6.2 EXCO members will attend all meetings, or render their apologies timeously, failing which will render them open to a disciplinary hearing and/or replacement.[see Section 9].
6.3 Meetings will be run according to the agenda. No additional issues shall be discussed unless the meeting so decides.
6.4 Voting will take place by a show of hands, unless otherwise decided.
6.5 Where there is an equal number of votes, the chairperson shall have a second or casting vote.
6.6 Minutes of meetings shall be recorded in a Minute Book. After the minutes of the preceding meeting have been read, they must be approved by two members who were present at that meeting. The Chairperson shall sign the minutes together with the dates of the meeting which approved them.

7. ELECTION OF OFFICE-BEARERS
7.1 Office-bearers shall be elected at every AGM and members will hold office for a period of a year, after which they may be re-elected. Where vacancies occur between AGM's, members will be appointed by the EXCO.
7.2 Each candidate will be nominated and seconded by means of nomination from the floor.
7.3 A person may be nominated for more than one position and may be elected to more than one position. A person may also decline a position.
7.4 Once all nominations have been received the Chairperson shall announce the nominations received for each position.
7.5 Voting shall take place by show of hands, or as determined at the meeting.
7.6 Once voting has been completed, the Chairperson shall announce the results.
7.7 If there is only one person nominated for a position, the Chairperson shall announce that that person has been elected unopposed.

8. STAFF/EMPLOYEES
Should there be a need for employed staff, EXCO must make this recommendation at the AGM or a general meeting. Duties and responsibilities will be determined simultaneously.

9. DISCIPLINE
9.1 EXCO has the right to investigate the actions or attitudes of any member who may have acted against the aims of the association. However, a member must also be given notice of a disciplinary hearing, and must have the right to appeal against the outcome of the meeting.
9.2 Based on its investigations, the EXCO can decide, by a two-thirds majority, to temporarily suspend a member.
9.3 Any decision to expel a member has to be approved by a general meeting.

10. FINANCIAL CONTROL
10.1 The Treasurer shall be responsible for issuing receipts, following up those people who have not paid their subscriptions and depositing subscriptions into RECSKASA's account.
10.2 All funds received by RECSKASA shall be deposited within three days into RECSKASA"s account by the Treasurer and Chair- or Vice-Chair.
10.3 All withdrawals of over R100.00 have to be approved by EXCO [quorum].
10.4 The Treasurer, together with the Secretary, shall produce a yearly financial statement, to be approved by EXCO and thereafter a general meeting.
10.5 RECSKASA shall appoint the Chairperson, the Vice-chairperson, the Treasurer and Secretary as the only lawful signatories of cheques. At least two signatures shall be required for each cheque.
10.6 The association's financial year will run from 1 March to 28 February. A financial statement shall be presented at every AGM for consideration and approval.

11. AFFILIATION
In keeping with its commitment to promoting kayaking, EXCO will endeavour to affiliate to other organisations and encourage others to affiliate with it.

12. AMENDMENTS
12.1 The constitution can only be amended by a vote at a general meeting. In exceptional cases EXCO can temporarily amend the constitution.
12.2 Any proposed changes to the constitution must be put in writing to the Secretary and must be on the agenda for discussion.

13. DISSOLUTION
13.1 At least three-quarters of a representative general meeting must vote in favour of dissolution and must nominate a similar organisation as beneficiary of its funds.
13.2 A suitable person [to act as liquidator] shall be appointed to wind up its affairs.

14. ADDITIONS
None to date.