Bye-Laws

Procedures

Policies

Rules

and

Regulations

SIGNED:

______

GASA SECRETARY: SHARON WEST

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GASA CHAIRPERSON: JUNIOR RAMOVHA

Adopted on: 2 August 2015

CONTENTS

1.  Code of Conduct

2.  Ethics & Discipline Commission

3.  Appeals and appeal procedures

4.  Guidelines for Social Media

5.  GASA Forms Register

6.  Finance Commission

7.  Technical Commission

  • Umpires
  • Scorers

8.  Competitions Commission

9.  Coaching Commission

  • Selection Committee and Selection procedures

10.  Playing Affairs

11.  Pro and Marketing Commission

12.  Players Representative Commission


GAUTENG SOFTBALL ASSOCIATION

POLICIES, RULES, REGULATIONS, PROCEDURES AND BYE LAWS

The GASA Constitution is a binding, law abiding guideline, prescribed by the sport federation and sporting fraternity of which GASA subscribes as an official member and custodian of softball in Gauteng.

As the Constitution may only be changed on an annual basis and at the GASA AGM, the daily administration and execution of matters pursuant to the accountability, acceptability and professionalism of GASA Policies, Rules, Regulations, Procedures and Bye Laws, are created.

The GASA Executive shall be entitled to make any and all policies, rules, regulations, procedures and bye laws necessary to promote the aims and objectives of the GASA and such all policies, rules, regulations, procedures and bye laws shall be binding upon ALL members and their associates and affiliates, officials, technical, coaches and including spectators. Such regulations shall be ratified at the next General Meeting of the District Council.

1.  RULES, REGULATIONS, PROCEDURES AND BYE LAWS

1.1.  The GASA Executive shall formulate and publish the policies, rules, regulations, procedures and bye laws (“the Rules”) in force from time to time in accordance with which the affairs of GASA will be conducted. A copy of the Rules in force at any time shall be kept by the General Secretary and made available, upon request, to any Member, District SOFTBALL Body, Executive member or player or other individual registered with the GAUTENG SOFTBALL ASSOCIATION.

1.2.  The Rules shall include, but not be limited to, the following:

1.2.1.  GASA’ selection criteria;

1.2.2.  GASA’ code of conduct for office bearers (including a disciplinary procedure);

1.2.3.  GASA’ code of conduct for players and other registered individuals (including a

disciplinary procedure);

1.2.4.  GASA’ grievance procedure.

Substitution and amendment of the Rules will be effected by Exco upon approval by at least a two-thirds majority of the members of the Executive.

2. CHANGES/ AMENDMENTS

The GASA Policies, Rules, Regulations, Procedures and Bye Laws, may be changed/ amended/ deleted/ included as follows:

a.  An officially recognised member of GASA may submit their request in writing on an official letterhead, with a copy of the signed minutes where-in the changes/ amendments/ deletions/ inclusions were tabled and approved, and signed and dated by the Chairperson, 1st Vice Chairperson and Secretary of the organisation.

b.  The request must refer to the current point of discussion and the exact wording must be included in the request, with the exact wording of the request for change/ amendment/ deletion/ inclusion.

c.  An explanation for the change/ amendment/ deletion/ inclusion.

GAUTENG SOFTBALL ASSOCIATION

GENERAL COUNCIL

/ Chairperson / / E
1st Vice Chairperson / X
ManCom / 2nd Vice Chairperson / E
Secretary / C
/ Treasurer / U
Registrar / T
Umpire in Chief / I
Head Scorer / V
Disciplinary & Ethics / E
Development
Chairperson ESU / B
Chairperson JSA / O
Chairperson TSA / A
Chairperson Masters / R
Chairperson USSA / D
Chairperson Schools
Players' Rep
Pro

GAUTENG SOFTBALL ASSOCIATION

ETHICS & DISCIPLINARY MATTERS

  • “GASA” shall mean The GAUTENG SOFTBALL ASSOCIATION.
  • “Official” shall mean any person in authority (umpire, base umpire, committee member etc) that institutes required disciplinary action against any other member/player in GASA.
  • “E & D” shall mean the Ethics & Disciplinary Commission of GASA
  • “EXCO” shall mean the Executive Committee of GASA
  • “Council” shall mean the General Council of GASA
  • “SSA” shall mean Softball South Africa
  • “Disciplinary proceedings”, shall include enquiries and protests.
  • Members shall mean Clubs, Teams and all GASA Associates and affiliates

1. E & D Commission (E & D)

1.1  The E & D shall consist of 5 (five) members selected by the Council from nominations received from clubs. The E & D shall meet on Wednesdays, if required.

1.2  The E & D shall have power to act on behalf of GASA to conduct disciplinary and other enquiries and make decisions relating thereto within the jurisdiction of GASA in the following circumstances:

1.2.1  where a player is ordered off the playing, enclosure;

1.2.2  where a complaint is lodged pursuant to these bye-laws;

1.2.3  where a report is received from an official pursuant to 14 and 15;

1.2.4  where there is misconduct on or off the playing enclosure; and

1.1.2  where any other matter is referred to the E & D by GASA

1.3  Four members of the E & D, of whom the Head of Commission or his/her deputy shall be one, shall

constitute a quorum for any meeting of the E & D. Issues arising at any meeting of the E & D shall be determined by a majority of votes of the members present and voting, and in the event of an equality of votes the Head of Commission or his/her deputy, acting as Head of Commission, shall have a second or casting vote, provided that he has exercised his deliberative vote.

1.4  A member of the E & D, who is a member of the same club as the player or person against whom disciplinary proceedings are taken, or the victim player or a complainant, shall not be a member of the E & D which hears and determines those proceedings and shall not attend the hearing.

2. Ordering Off

2.1 Where a player is ordered off the playing enclosure in a match, the umpire shall within 72 (seventy-two) hours after completion of the match deliver to the Chairperson of the Province an Incident Report in prescribed form incorporating.

2.1.1 the date of the match, the venue and the teams participated

2.1.2 the name of the player ordered off and his team;

2.1.3 the circumstances in which the player was ordered off;

2.1.4 the reason for the player being, ordered off, and

2.1.5  any other information the official considers material.

failing which the matter shall be deemed to be abandoned.

2.2  If a player is ordered off the playing enclosure as a result of intervention of a base umpire, the base umpire shall perform all the requirements expected of the main umpire as prescribed herein.

2.3  The Provincial Chairperson shall forward all documentation to the Head of Commission of the E & D as soon as possible after receiving such.

3. Notice to player

3.1 If a player ordered off the playing enclosure demands a hearing by the E & D, the club of the player ordered off shall be supplied by the Provincial Chairperson with a copy of the incident report and be advised:

3.1.1 of the date, place and time of the E & D meeting at which the disciplinary proceedings will take place;

3.1.2 that the player will be required to attend in person at the meeting; and

3.1.3 that if the player is unable to appear at the meeting, he should advise the Provincial Chairperson immediately.

3.2  Where possible, notice under this bye-law to the club of the player ordered off shall be given in writing. Exceptions will be at tournaments, where verbal notification shall suffice.

3.3  The Provincial Chairperson shall forward all documentation to the Head of Commission of the E & D as soon as possible after receiving such.

4. Powers of Adjournment

The E & D shall have power to postpone or adjourn a meeting, for no longer than seven (7) days, at which disciplinary proceedings are to take place. The E & D shall endeavour to ensure that disciplinary proceedings do not take place in the absence of the player, person or club, the subject of the proceedings, but nothing in these bye-laws or otherwise shall prevent the E & D hearing and determining disciplinary proceedings in the absence of the player or person concerned where the player or person elects not to attend or fails to attend the hearing.

5. Attendance and Report of Official

5.1 The official of the match, in whom a player is ordered off the playing enclosure, shall attend the meeting of the E & D unless exceptional circumstances should prevent him from so doing. Nothing in these bye-laws shall prevent the E & D hearing and determining disciplinary proceedings in the absence of the official.

5.2 The E & D shall ensure that prior to the meeting the player ordered off has been supplied with and has had a sufficient opportunity to consider the official's report.

6. Interpreters

Where in any case the E & D considers it necessary or desirable, the E & D may arrange to have an interpreter present at a hearing.

All costs will be for the offender’s expense.

7. Procedure at Hearings

7.1 At each hearing the E & D shall have power to regulate its procedure as it thinks fit.

7.2 Unless otherwise decided the procedure of the E & D shall be as follows:

7.2.1 the Head of Commission, or a member of the E & D, shall explain the procedure to be followed

7.2.2 the incident report shall be read

7.2.3 evidence from the player ordered off, if he elects to give evidence, and from any witnesses to be called, shall be heard, and

7.2.4 submissions shall be beard.

8. Evidence

8.1 The E & D shall be entitled to receive such evidence as it thinks fit (including evidence in writing) notwithstanding that such evidence may not be admissible in a court of law.

8.2 The E & D may accept video or similar evidence but without the sound or commentary associated with it being heard.

8.3  Where evidence is given before the E & D there shall be no direct questioning of any witness. Questions may, however, be put to a witness through the Head of Commission of the E & D at the Head of Commission's discretion.

8.4 Generally the E & D should apply the Best Evidence Rule, i.e. obtain first hand accounts from persons present at the hearing as to their observations of the incident in question. Hearsay evidence may be accepted. Great caution should however be exercised before hearsay evidence is accepted in preference to first hand evidence and generally less weight should be given to hearsay evidence.

8.5 Further, as a general rule, the E & D should not permit the introduction of opinion evidence other than expert opinion evidence. Expert opinion evidence should be permitted only when the evidence falls outside the every day knowledge of members of the E & D e.g. medical opinion.

9. Attendance of Witnesses

The Head of Commission of the E & D, or the E & D, may require the attendance at a meeting of any witness. In any case where a witness required by the Head of Commission of the E & D, or the E & D, to attend the meeting refuses or fails to attend so as to give evidence in person, the E & D may refuse to allow the evidence of that witness to be given in any other form.

10. Representation

All persons or parties, entitled to be heard by the E & D, may be represented by an official of their Club, but not by a legal representative. Persons or parties are entitled to seek legal opinion but may not table such written opinion.

11. Deliberations and Decisions

The E & D’s deliberations on its decisions shall be in private. The E & D may impose whatever penalty (if any) it deems appropriate.

12. Notification of Decision

12.1 The decision of the E & D shall be advised to the Club of the player, in respect of whom disciplinary proceedings are taken and heard by the E & D, as soon as practicable after the conclusion of the hearing.

12.2  Where it considers it appropriate the E & D may deliver a short oral decision at the conclusion of the hearing with its reasons to be put in writing and communicated to the Club of the player, in respect of whom disciplinary proceedings are taken and heard by the E & D.

12.3  The Club of the player, or club, in respect of whom disciplinary proceedings are taken and heard by the E & D, shall be entitled to a copy of the written decision of the E & D which decision shall be sent to that Club by the Provincial Chairperson.

12.4 As soon as practicable after the decision of the E & D is available the Provincial Chairperson shall notify the club of the player of the E & D's decision, including the UIC and Head Scorer and GASA Registrar.

13. Record of Proceedings

The proceedings of a hearing by the E & D shall be recorded. GASA shall hold the record of the proceedings and all papers associated with the proceedings for a period of 6 (six) years after the hearing, unless the penalty imposed exceeds 6(six) years. In this case, GASA shall hold the record of the proceedings and all papers associated with the proceedings indefinitely.

14. Complaints

14.1 The E & D shall have jurisdiction to hear and determine a complaint of foul play against a player in respect of any act of foul play not detected by officials in a match played under the jurisdiction of GASA.

14.2 A complaint, under 14.1, may be made by a Club, an official and any other person.

14.3 A complaint under 14.1 shall be in writing, and shall be sent to the Provincial Chairperson within 72 (seventy-two) hours after completion of the relevant match or as soon as possible after the completion of a tournament match. For the purpose of this bye-law, the official shall be deemed to have delivered his report to the Provincial Chairperson when his report is transmitted by facsimile, by email, hand delivered, other medium or received by the Provincial Chairperson. The Provincial Chairperson shall forward all documentation to the Head of Commission of the E & D as soon as possible after receiving such.