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Lesotho Rugby Federation Constitution

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0% found this document useful (0 votes)
124 views33 pages

Lesotho Rugby Federation Constitution

Uploaded by

aprilgrace790
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

FEDERATION

OF

LESOTHO RUGBY
CONSTITUTION
Constitution
1. DEFINITIONS

1.1 In this constitution the following terms shall, unless the context expressly indicates
otherwise, have the meanings ascribed to them hereunder:-

“Board Shall mean Executive Committee

“Employee” means the person employed by the Federation of Lesotho Rugby

“Employer” means the Federation of Lesotho Rugby.

“Executive” means the Executive Committee of the Union comprising the officers as
elected as set forth in section/article 11.

“FLR” means the Federation of Lesotho Rugby established under the LSRC Act.

‘CAR/RA” means Confederation of African Rugby or Rugby Africa

“IRB/WR” means International Rugby Board or World Rugby

“LNOC” means the Lesotho National Olympic Committee

“LSRC” means the Lesotho Sport and Recreation Commission.

“Member” means a member of the Union, , as set forth in article 4.1 who has been
admitted to membership of the Union in terms of article 5

. “Officer” means any person elected to the Executive or appointed to a committee of


the Union which committee is established by the Executive or in terms of article 12 or
established pursuant to the terms of article 12, and any person elected to the executive
authority or any committee of a Member,

“President” means the President of the Union elected in terms of article 11.

“Rules, Codes or Regulations” means any rule, codes or regulations promulgated


by the Executive pursuant to article 16.

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“Secretary” means the secretary who serves as a Chief Executive Officer of the
Union appointed in terms of article 11.

“Supervisory Board” advisory panel of Union Founders and veterans.

“Treasurer” means the treasurer of the Union elected in terms of article 11.

“Union” means Federation of Lesotho Rugby established in terms of this Constitution.

LEPPSA shall means Lesotho Primary Schools Association

LISA shall means Lesotho Institute Schools Association

LUCSA shall means Lesotho Universities & Colleges Sports Association

AGM Shall mean Annual General Meeting

General Assembly shall mean Annual General Meeting of the Union

2. NAME

2.1 The name of the Union shall be:- Federation of Lesotho Rugby (to also be referred
to as the Lesotho Rugby Union).

2.2 The official languages of the Union shall be English and Sesotho. In the event of any
discrepancies in the interpretation of the provisions of this Constitution the English
version shall apply.

2.3 This shall be the FLR constitution being the supreme establishing instrument of the
Federation. Any rule, regulation, by-law or any provision of any document inconsistent
with any provision of this Constitution shall be invalid to the extent of its inconsistency.

2.4 There will be no discrimination of race, sex, religion and political affiliation.

2.5 The FLR shall have the child protection policy and the committee responsible for such.

2.6 The emblem of the Union shall consist of the following elements
 An athlete running with a rugby ball in the hands.

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 The Federation of Lesotho Rugby written in…
 The colours of the emblem shall be blue, black, green and white.

2.7 The address of the Union shall be

Federation of Lesotho Rugby


c/o L.S.R.C OFFICE
Postal Address: P.O. Box 138
Maseru 100

3. OBJECTS
The objects of the Union shall be:-

3.1 To promote, foster, control and improve Rugby in Lesotho.

3.2 Arrange trials ,international games, test matches and other matches which the

Union may deem desirable.

3.3 Assist clubs, in so far as is possible, with the provision of playing fields,
accommodation and equipment.

3.4 Establish, control and administer a national league amongst all the Rugby Clubs in

Lesotho.

3.5 Establish, control and administer a Schools league and other competitions amongst
all the Rugby playing schools in Lesotho.

3.6 Arrange for and administer the fair selection of a National side or sides to play

matches whether locally, regionally or Internationally.

3.7 Subscribe or affiliate to any other club or body corporate,, either locally or

Internationally which undertakes, organises or promotes Rugby or which

may support the similar objectives as the Union;

3.8 Affiliate to the LSRC, LNOC, RA and WR (On application).

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3.8 Establish and administer a panel of competent officials for proper administration and
development of the game of Rugby in Lesotho.

3.9 Act jointly, confer and /or co-operate with any other Club or Union deemed desirable
in the interests of the Union.

3.10 The Union shall act independently of the interests of any person or body, including
government and private enterprises, and individual interests of its members and
affiliated clubs, in pursuit of the primary objective stated above.

3.11 Endeavour to make safety a priority in any of its activities.

4. MEMBERS

The membership of the FLR shall consist of:-

4.1 Supervisory Board Members

The Supervisory board is the overseer of the Union that ensures that the norms and
traditions of the Federation of Lesotho Rugby are upheld. It shall support the
executive committee while implementing new policies for the development of rugby.
The supervisory Board members are not voted for but rather earned the right by their
founding status and enormous contribution in growing the Union over the years. It
comprises of Inaugural FLR founding Members by virtue of their founding status and
veterans. A veteran shall be any former Rugby player who has excelled to propel
the development of rugby and is not younger than 35 years old. The Supervisory
Board comprises of five people who are entitled to attend the General Assembly and
official FLR meetings but are only entitled to three votes in meetings and elections.

4.2 Affiliated FLR clubs with at least two years registration with FLR and proven
participation in FLR related activities.

A club shall:-

4.1.1 Comprises of a minimum of 25 persons.

4.1.2 A club shall consist/s of seven aside, ten aside or fifteen aside Rugby
club/s

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4.1.3 A club that has either a male only or female only team shall be entitled
to one vote at the General Assembly or Annual General Meeting.

4.1.4 A club that has both a Male and female teams has two votes during
meeting, election and AGM.

4.1.5 A club shall have a constitution, approved by the Union, and which has
as its objects correspond to that of the Union.

4.1.6 A club has to play all FLR organised tournaments and league matches.

4.1.7 During FLR official Meetings a club may have a maximum of three
invited persons but official shall be dependent of male or female clubs
that constitute the club as per 4.1.2

4.1.8 A club has to pay a M500.00 Annual Subscription fee to take part in any
FLR related activities; either at Full member status or Associate
Member Status.

4.2 Kingdom Select Rugby is Lesotho’s Franchise Team constituted by players from
various national clubs to represent Lesotho at International Club level but not
National Team and shall have representation at the General Assembly and
elections with one vote.

4.3 The Board or Executive Committee are also members by virtue of their executive
positions and are entitled to vote during member meetings, General Assembly
Meetings with the exception of the Secretary General as his/her post is appointed.
Each Executive member shall hold one vote and shall lose such right to vote if no
longer a board member with exception of Supervisory Board Members. Each
board Member is expected to pay an annual subscription fee of M50 per person.

4.4 The Executive shall have the authority to create other classes of membership
and shall set the criteria for eligibility of persons within a particular class of
membership, the subscription or membership fees, if any payable and voting
rights according to such class of members in respect of membership of the Union,
which shall be ratified by the AGM.

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4.5 an individual member shall at least be a member of any rugby club for the period
of two years before he/she can be elected into the Executive positions.

Associate Members

4.6 All clubs that have not completed the two year required period to be members are
associate members with no voting power nor participation in official FLR Meetings,
elections and General Assembly. They can be invited at an observer level only at the
discretion of the Board.

4.6.1 LEPPSA, LISA and LUCSA as also associate members of the FLR by
virtue of relations with schools sport and cannot vote in FLR activities.
Their involvement is limited to association and advisory in regard to
schools rugby.

5. APPLICATION FOR MEMBERSHIP, SUBSCRIPTION FEE AND MEMBERSHIP


FEE

5.1 A club that wishes to become a member of the Union shall apply to the Union and
submits a letter of application to the Union offices and also provide a copy of its
Constitution and team list.

5.2 The Secretary of the Union shall circulate amongst existing members of the Union a
notice of the application. The Union and existing members of the Union shall have
fourteen days, from date of the notice, within which to object to the application.

5.3 Any party objecting to the application shall submit its objection with reasons thereof,
to the Secretary, in writing.

5.4 The Secretary shall notify the applicant of the receipt of any objection and the reasons
thereof. The applicant shall have fourteen days, from receipt of the notice of the
objection and its reasons to respond to the objection.

5.5 At the expiry of the fourteen days, the Secretary shall convene a hearing before the
Executive Committee and give to the applicant and the party objecting to the
application at least ten days’ notice of that hearing.

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5.6 At the hearing the applicant and the party objecting to the application shall be entitled
to be heard to make submissions in respect of the application and in respect of the
objection.

5.7 The decision of the Executive Committee shall be final and binding.

5.8 If there be no objection to the application, received within the period of fourteen days
referred to in 5.2 above, then the applicant shall be admitted to membership.

5.9 The annual subscription fee which shall be determined by the Executive will be
submitted with the application. In the event the application of membership is refused,
the subscription fee shall be refunded to the applicant. In the event that the application
is successful, the membership fee may be appropriated by the Union.

6. THE MEMBERSHIP FEE

6.1 The annual membership fee payable by members shall be reviewed by the
members, each year, at the Annual General Meeting of the Union.

6.2 In the event that a membership fee is not paid on due the date, at the time of the
Annual General Meeting such member or club will be prohibited to take part
in the AGM, elections and shall not be eligible to vote or stand for elections.

6.3 Failure to effect payment of the membership fees on due date renders the
membership of the defaulting member to the Union liable to suspension or
termination, at the discretion of the Executive Committee. A three year non -
payment of subscription fee by a member will result in automatic expulsion
from the Union

6.4 BENEFITS OF MEMBERSHIP

6.4.1 FLR member/s shall be given membership card/s, they will benefit by
receiving invitations to attend workshops/courses organized by FLR
domestically, regionally and internationally. Receiving discounted
prices in FLR organized events e.g. competitions and attire.

6.4.2 Members will benefit by receiving VIP invitations to attend events and
matches organized by FLR domestically, regionally and internationally.

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And they will also receive discounted prices in FLR organized
competitions e.g. gala dinners, Awards giving ceremonies, etc.

7. FINANCIAL YEAR

The financial year of the Union shall begin on the 1stday of April and end on the
31thday March of each year.

8. MEETINGS OF THE UNION

8.1 Every Member who has paid all fees and other monies due to the Union shall
be entitled to attend and be represented at a meeting of the Union.

8.2 Every Member who is entitled to be present and represented at a meeting of


the Union shall be entitled to participate and vote as per article 4 of the FLR
Constitution.

8.3 Voting at a meeting of the Union shall be by show of hands as may be


determined by circumstances a poll is directed by the President, or requested
by members present at the meeting whose votes when counted together
represent at least 30% of all the votes which could be cast at the meeting. If a
secret ballot is required at least 50% of membership has to vote in favour of
such secret ballot. In the event of a secret ballot, the votes will be counted by
the Treasurer and the Secretary and a representative of the Members
appointed by the President.

8.4 A quorum necessary for the consideration of an ordinary resolution shall


require the presence, at the meeting, at the time when an ordinary resolution
is proposed to be passed, of Members representing at least ⅔ (66.7%) of the
total number of members of the Union at the time.

8.5 A quorum for the consideration of a special resolution shall require the
presence at the meeting, at the time a special resolution is to be proposed to
be passed, of Members representing at least 2/5 (40%) of the total number of
Members of the Union at the time.

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8.6 An ordinary resolution shall require approval of the majority of the votes cast
in respect of the resolution.

8.7 A special resolution shall require the approval of ¾ (75%) of the votes cast in
respect of the resolution.

8.8 Members shall be entitled to be present at a meeting of Members personally, by


way of authorised representatives, or by way of two proxies. A member shall
appoint a proxy only to an FLR Member. Such appointing shall set out the votes
of the Member submitting the proxy on each of the resolutions to be proposed at
a meeting of Members for which it is submitted and shall be submitted so as to
reach the Secretary at least twenty four hours before the commencement of the
meeting in respect of which it is submitted.

9. ANNUAL GENERAL MEETING

9.1 There shall be an Annual General Meeting of members of the Union which
shall be held once in every calendar year. That is between the 01st January
and the 31st April.

9.2 A quorum for the AGM shall be 50% of the members of the FLR. In the event
of there being no quorum present the meeting shall be adjourned to the date
not more than 21 days later. A notice of such adjourned meeting shall be
posted not less than ten days before such postponement date. Those
persons present at an adjourned AGM shall constitute a quorum.

9.3 The purpose of the Annual General Meeting shall be to:

9.2.1 receive the report of the Executive, the report of the Auditors of the
Union and the financial statements in respect of the preceding
financial year;

9.2.2 consider and approve the aforesaid reports and financial statements;

9.2.3 consider and approve the budget in respect of the Union, compiled
by the Executive, in respect of the ensuing financial year;

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9.2.4 consider the development and activity plans of the Union for the
ensuing year;

9.2.5 consider any review of the membership fee payable by Members for
the ensuing financial year;

9.2.6 appointment and elections of persons to the Executive and


Disciplinary Committee;

9.2.7 any special business

9.4 The Secretary shall procure that at least 15 days prior to the date of any
Annual General Meeting, copies of the notice of the meeting setting forth the
date, time and place of the meeting are sent to Members at the address of
each Member recorded in the Register of Members.

9.5 Any person requiring special business to be considered at an Annual General


Meeting shall give notice to the Secretary within 15 days of receipt by that
person of the notice of the Annual General Meeting of special business
proposed to be considered at the general meeting which notice shall state
the nature of special business and set out the motivation for the special
business and indicate support of such business of at least one thirds (33%)
majority of the members of the FLR.

9.6 The Secretary shall procure that at least fifteen days prior to any Annual
General Meeting, copies of the report of the Executive, the Auditors’ report
and the financial statements in respect of the preceding financial year and an
agenda which, if there be any special business will set forth the nature and
motivation of the said special business and the proxy form in respect of the
resolutions to be considered, are sent to members at the address of each
Member recorded in the register of Members.

9.7 Questions and concerned from the reports of President, Secretary and the
Treasurer shall be sent in writing to the Secretary of the Union at least 10days
prior to the AGM.

10. EXTRA-ORDINARY GENERAL MEETING OF MEMBERS

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10.1 The Executive shall be entitled, at any time, to convene an extra-ordinary
general meeting of members.

10.2 The Executive shall, upon the written requisition of members comprising in
number at least ⅓ (33.3%) of the number of all the members of the Union at
the time, convene an extra-ordinary general meeting of members, within
fourteen days of receipt of such requisition.

10.3 A notice of the date, time and place of the extra-ordinary general meeting of
members shall contain an agenda of the items to be considered at the extra-
ordinary general meeting, setting forth the nature and the grounds of that
proposed business.

10.4 Such notice shall be sent to each Member, or member will be notified
telephonically about such notice, together with proxy forms setting out each
resolution to be proposed and considered at the meeting, at least seven days
prior to the date of the extra-ordinary general meeting.

11. EXECUTIVE

11.1 The Executive authority of the Union shall comprise:-

11.1.1 A President

11.1.2 A Vice-President

11.1.3 A Secretary

11.1.4 A Vice Secretary

11.1.5 A Treasurer

11.1.6 3 additional members

11.1.7 Women’s Representative

11.1.8 Players Representative

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11.2 Elections of the Executive Committee

11.3 The President, Vice President, Vice Secretary, Treasurer, Players


Representative, Women’s Representative and three additional members
shall be elected by the Members at the Annual General Meeting.

11.4 The President, Vice-President, Vice Secretary, Treasurer, Women’s


Representative, Players Representative and three Executive Members shall
be elected in office for a term not exceeding four years unless there are
extenuating circumstances.

11.5 The Secretary General Position shall be appointed by the board based on at
least a diploma qualification and rugby Administration skills and shall be
fulltime employee, working as a Chief Executive Officer of the Union (CEO.)
The contract for such employment of C.E.O shall be 4 years which shall be
renewed at the discretion of the Board.

11.6 The other members of the Executive shall be elected for a term not exceeding
four years.

11.7 Any member of the Executive whose term of office comes to an end in terms
hereof, shall be entitled for re-election, in which event that fact shall be stated
in the notice and agenda of the Annual General Meeting.

11.8 The Secretary shall, at least sixty (60) days prior to any Annual General
Meeting circulate to all members a notice setting forth those members of the
Executive whose term of office comes to an end, at the forthcoming Annual
General Meeting, and which of them offer themselves for re-election and
enclosing a nomination and consent form.

11.9 Members shall be entitled to nominate other persons, to fill the positions to
be vacated at an Annual General Meeting. Such nominations shall be made
within twenty-one (21) days of receipt of the notification of retirements from
the Executive. Any nominations of a person to a position on the Executive
shall be proposed by one member and seconded by two other members, be
consented to by the nominee, and contain a curriculum vitae of the nominee

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with a motivation letter, by the nominee, why he/she should be elected to the
position.

11.10 Members eligible to contest for Executive Committee position are: 1, current
and past Executive Committee members, 2, FLR founding members, 3 ,
current and past club/districts Executive Committee Members with at least
two years FLR membership and recognition.

11.11 Nomination Criteria for contesting Executive portfolios: 1, shall be in manner


of writing a letter of intent for current, past and inaugural founding Executive
members, 2, shall be in manner of writing a letter of intent, curriculum vitae
and endorsement letter from the club.

11.12 Persons eligible to vote shall be:1, current Executive Committee members,
2, one or two Executive Committee members from respective club/s
depending on whether they have men’s only on women’s only (one vote) club
or both (2 votes) as per article 4, however in a case where the current
Executive Committee appointees of the club has less than the required two
years of membership, the club will forward its members with the prerequisite
two years membership in FLR or forfeit their right to vote. 3, club/s eligible to
bring forth representatives either to vote or contest are those which shall
have paid annual subscription membership fee, compete continuously in all
FLR organized leagues and tournaments, and abide with rules and
regulations set by FLR. Advisory Board members have a total of three votes
during elections of the Executive Committee of FLR.

11.13 Any person/member contesting for any portfolio in the Executive shall at least
be an active member in his club for the period of past 24 months.

11.2 The Secretary shall, in the notice and agenda of an Annual General Meeting,
specify the members of the Executive whose term of office comes to an end
and those who offer themselves for re-election. The nominations letters,
curriculum vitae and motivations received in respect of persons nominated
to fill the positions to be vacated at the Annual General Meeting by club/s
and district/s shall be included in the notice.

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11.3 Appointments of interim persons to office in the Executive shall be made by
the existing Executive committee members with the advice of the Supervisory
Board and shall be submitted for ratification to the Annual General Meeting,
by ordinary resolution.

11.4 Any vacancy in the Executive, which occurs during the course of a year, shall
be filled up by the Executive, and the person filling the vacancy shall hold
that office until the next Annual General Meeting when that person’s
appointment to that position shall be confirmed or another person, nominated
to that position, appointed, by the Members, by ordinary resolution.

11.5 A person who has filled a position on the Executive during the course of a
year and who is confirmed to that position at the subsequent Annual General
Meeting shall be deemed to have been appointed to that position as at the
date of the Annual General Meeting.

11.6 The Executive shall meet as often as it deems necessary for the discharge
of its business, but at least, once every month.

11.7 Meetings of the Executive shall be convened by the Secretary, upon fourteen
days’ notice to each of the members of the Executive.

11.8 A quorum for a meeting of the Executive shall be such number of officers of
the Executive which, for the time being, comprise at least ⅔ (66.7%) of the
total members of the Executive.

11.2 Any person who absents him/herself for more than five consecutive meetings
of the Executive without notification of reasons of failure shall be liable to be
removed, as member of the Executive, by the Executive.

11.3 Any member of the Executive may be removed from his position on the
Executive, by Members by special resolution passed at an Annual or
extra-ordinary general meeting.

11.4 Meetings of the Executive shall be presided over by the President or, in his
absence, the Vice-President, or in his absence, any other Member of the
Executive appointed by the Members present at the meeting.

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11.5 The Secretary or a person appointed by the Secretary shall keep minutes of
the proceedings of any meetings of the Executive.

11.6 Minutes of the meeting of the Executive shall be circulated within seven days
of a meeting, confirmed by the President of the meeting within seven days of
the receipt of same, and ratified by the Executive at the next meeting of the
Executive.

11.7 Minutes of meetings of the Executive shall be open to inspection by Members


at the offices of the Secretary during business hours, upon reasonable notice.

11.8 The President shall:-

11.9 The President shall preside at all meetings of the members of the Union, and
meetings of the Executive and confirm the minutes of meetings of the
members and the Executive.

11.10 The Vice-President shall, in the absence of the President or the inability of
the President to carry out his functions, perform the functions of President.
Both shall share duties where necessary in the interest of the Union.

11.2 The Secretary shall:-

11.2.1 Be appointed in the office for a Contracted term of four years and
its renewal is dependent or determined by the board or Executive
and he or she shall serve as the Chief Executive Officer of the
Union.

11.2.2 The Secretary shall use any of the following means of


communications 1, letters, 2, phone calls, emails, WhatsApp other
and source of communication.

11.2.3 Keep or cause minutes of the meetings of members of the Union


and of the Executive to be kept, and

11.2.4 circulate minutes of the meeting of members of the Union within


fourteen days of date of the meeting and minutes of the Executive
within seven days of meeting of the Executive, and

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11.2.5 cause the minutes to be approved and ratified; and

11.2.6 Keep a register of members together with the contact address of


the members, as notified to the Secretary from time to time.

11.2.7 Vice Secretary shall, in the absence of the Secretary General or the
inability of the Secretary General to carry out his functions, perform
the functions of Secretary General. He/she maybe gave another
task during the presence of Secretary General.

11.3 The Treasurer shall:-

11.3.1 ensure the keeping of the appropriate books and records by the
Union,

11.3.2 cause the submission of quarterly management accounts by the


Union to the Executive; and

11.3.3 cause the finalisation of the audit of and approval of financial


statements (being balance sheet and profit and loss account) of the
Union in respect of each financial year; and

11.3.4 The submission thereof to the Annual General Meeting of the


Union.

11.3.5 Other three (3) members shall be assigned special duties by the
executive, President and or Secretary of the FLR/Union.

12. COMMITTEES

12.1 The Executive shall be entitled to delegate any aspect of its powers, functions
and duties to any committee, which it may establish.

12.2 There shall be a Finance Committee appointed by the Executive comprising


of the Treasurer and three other members, the duties of which shall be: (a)
to ensure the keeping of appropriate books and records by the Union, the
submission of management of accounts of the Union to the Executive on a
quarterly basis and the submission of auditors’ report and financial

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statements in respect of the Union to the Executive, within sixty (60) days of
the end of each financial year; (b) to supervise, monitor the financial reporting
of members of the Union, in accordance with the terms of the constitution of
such members and as required under this Constitution or any Rules, Code
or Regulation.

12.3 the Executive of the Union, and two additional persons which shall: (a)
receive and consider applications for membership, and hear applications,
objections and rebuttals of objections by applicants and objectors and make
decisions, on behalf of the Executive, in respect of the admission to
membership of any applicant, (b) maintain a register of members and their
addresses, and (c) collect monies due in respect of subscription and
membership fees, from any members, and (d) collect any fines imposed upon
any members in terms hereof.

12.4 There shall be an Ethics, Governance and Conduct Committee appointed by


the Executive which shall comprise the President, and four other persons,
which shall consider and recommend, to the Executive, rules and codes in
respect of the ethical conduct of officers and members of the Union, the
conduct of players, the governance of the Union and members of the Union,
transparency and accountability in respect of the Union, its officers and its
members, and officers of members of the Union.

12.5 There shall be the Activity and Development Advisory appointed by the
Executive to make recommendations to the Executive for activities to be
undertaken by the Union to: (a) establish increase and enhance the
awareness of the public of the objects of the Union the sports undertaken by
the members of the Union, (b) to enhance the development of the sport in
Lesotho, (c) to increase and enhance the participation by Lesotho and
residents of Lesotho in the sport; and (d) to co-ordinate, supervise, monitor
and receive reports in respect of activities and development under
programmes undertaken by each member of the Union.

12.6 There shall be established the Disciplinary Committee whose members shall be
appointed by the Executive to perform the below mentioned functions:

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12.1 The Disciplinary Committee may make decisions and/or judgements in respect
of non-compliance of any person, with any provision of the Constitution, Rules,
Codes and Regulations and in the absence of such compliance, the order may
be as follows:

19.1.1 the imposition of a fine;

19.1.2 the suspension from office;

19.1.3 the expulsion from office;

19.1.4 the suspension of membership;

19.1.5 the termination of membership;

19.1.6 the forfeiture of any points, pursuant to any Rules, Codes or


Regulations;

19.1.7 The award of any points, pursuant to any Rules, Codes or Regulations.

19.2 The Disciplinary Committee shall at any hearing, have the power to determine
the procedure for the hearing, determine the rules of evidence, if any, to be
complied with and adhered to during the hearing, call for any evidence, take
any evidence by way of submission or by way of statement of on oath or
otherwise, interrogate any witness or any officer of the complainant or
investigated party, call for any documentation or information to be supplied to
it, allow any witness to be cross-examined.

13. INTEREST AND RECUSAL

13.1 Any Officer of the Union, or Officer of a Member, if he/she is interested in any
transaction, matter, issue, dispute, or subject matter that comes before the
Executive or a committee of the Union, or the executive of a Member or a
committee of a Member of which he/she is an Officer, shall disclose to that
executive or that committee the nature of the interest and shall recuse
him/herself from the meeting of such executive or committee, as the case
may be, and not participate in any deliberations in respect of the matter in

19
respect of which he/she is interested, nor vote in respect of any resolution or
decision in respect thereof.

13.2 For purposes of this provisions, “interest” in respect of Officer shall mean:-

13.2.1 membership of any Member which has laid a complaint before the
Executive, or committee of the Union, or executive or committee of
the Member which has laid a complaint or against whom complaint is
made, and the complaint is the subject of consideration;

13.2.2 is himself/herself a person whose conduct is complained of or who is


the complainant, in any matter for the Executive or committee of the
Union or member of the executive or committee of a Member;

13.2.3 is a party to or will or may derive a material financial benefit from any
transaction, or having a material financial interest in another party to
a transaction with the Union or Member;

13.2.4 is a director, officer or trustee of another party or person who will or


may derive material financial benefit from transaction with the Union
or Member;

13.2.5 is the parent/child/spouse of another party to/or person who will/may


derive a material financial benefit from a transaction with the Union or
Member;

13.2.6 is otherwise directly/indirectly materially interested in the transaction.

14. GOVERNANCE

The Union, the Executive and every committee of the Union, the executive and any
committee of a Member and the Officers thereof shall at all times conduct
themselves with integrity, transparency and accountability and in particular shall:-

14.1 make full and frank disclosure to the Union, the Member or Executive or
committee thereof of which he/she is an Officer, of all matters that come to
his/her knowledge which have a bearing on or may impact upon the affairs

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of the Union, or the Executive or a committee of the Union, or a Member or
the executive or committee of a Member or members of a Member.

14.2 give a full and frank accounting and disclosure of dealings he/she has with
the Union or a Member or any party doing business with the Union or a
Member;

14.3 make full and frank disclosure of all interests he/she has in any party doing
business with the Union or any Member;

14.4 procure that the minutes of any meeting of the Executive or a committee of
the Union of which he/she is an Officer, are approved within the time
specified therefore and are made available for inspection by Members or their
duly authorised representatives during business hours, upon reasonable
notice.

14.5 procure that the minutes of the executive or any committee of a Member of
which he/she is an Officer, are approved within the time specified for such
approval and are open to the inspection by members of that Member or their
duly authorised representative, in business hours upon reasonable notice.

15. FINANCIAL AND APPOINMENT OF AN INDEPENDENT AUDITOR

15.1 The Union shall:-

15.1.1 Keep in accordance with generally accepted accounting principles


in Lesotho, books, records, documentation, entries, journals and
ledgers as pertain to all the financial affairs of the Union.

15.1.2 Prepare, on a quarterly basis, management accounts which shall


reflect:-

[Link] the income of the Union in the preceding quarter;

[Link] the expenditure of the Union in the preceding quarter;

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[Link] the income in respect of the preceding quarter,
compared as to income anticipated to be received, in the
preceding quarter, in terms of budget.

[Link] the expenditure in respect of the preceding quarter as


compared to the expenditure anticipated to be incurred
in the preceding quarter in terms of budget.

15.1.3 prior to the end of the financial year, submit to the Executive a
budget for the ensuing financial year, projected with regard to two
subsequent financial years of anticipated capital and current
income and capital and current operational expenditure.

15.1.4 cause its financial statements (balance sheet and profit and loss
account) to be audited by an independent firm of certified public
accountants, recognised as such in terms of the Companies Act of
2003 (No. 32 of 2004) and the Institute of Accountants Act (No.
)for Lesotho within 60 days of the end of the financial year.

15.1.5 the FLR shall appoint an independent auditor, who shall examine
financial books of the FLR once a year or whenever such request
is made.

15.2 Members shall:-

15.2.1 ensure that it keeps in accordance with generally accepted


accounting principles in Lesotho such books and records,
documentation and ledgers and journals as will record its financial
affairs;

15.2.2 submit on an annual basis, to its Executive authority, a budget in


respect of its ensuing financial year and subsequent two financial
years; and

15.2.3 submit, to its membership at an Annual General Meeting on an


annual basis, its financial statements (balance sheet, profit and loss
account) in respect of its preceding financial year, duly

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16. RULES, CODES AND REGULATIONS

The Executive shall have power to formulate rules, codes and regulations (“the
Rules, Codes and Regulations”) pertaining to

16.1 the ethics and conduct of Officers of the Union, or/and of the Union itself;

16.2 the ethics and conduct of the Union, Members, and any Officers of the
Members;

16.3 the ethics and conduct of persons and players, who are members of a
Member;

16.4 the formation of any competition, the qualification and membership and the
rules and regulations in respect thereof;

16.5 formation of any league, the qualification and membership and rules and
regulations in respect thereof;

16.6 marketing and sponsorship in respect of any competition, league, match of


the Union or by or for a Member;

16.7 any procedures with regard to grievances, complaints, hearings, awards, the
imposition of fines, suspension and termination of membership, at any level;

16.8 qualifications and experience of officers, coaches, referees, administrators


of the Union and Members or in respect of competitions or leagues of the
Union;

16.9 participation of Members or Officers or players of Members in international


or regional competitions; and

16.10 the submission by Members of activity development and financial reports.

16.11 No member/members or body shall take FLR/Union into courts of Laws.

16.12 Any grievances and or misunderstand within FLR/Union shall be solved


within, as set forth in clause 19.

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17. OBLIGATIONS OF MEMBERS

17.1 Members shall be obliged to:-

17.1.1 comply with the provisions of this Constitution;

17.1.2 comply with the provisions of any Rule, Codes or Regulations made
by the Executive, pursuant to its powers and functions under this
Constitution.

17.1.3 enforce compliance by an Officer of the Member with the Act, this
Constitution and any Rules, Codes or Regulations promulgated by
the Executive pursuant to its powers and functions under this
Constitution;

17.1.4 enforce compliance by any member of the Member with the Act,
this Constitution and any Rules, Codes and Regulation
promulgated by the Executive pursuant to its powers and functions
under this Constitution.

17.2. For so long as it is a Member, a Member shall be obliged to:

17.2.1 have and maintain a constitution, the terms of which are approved
by the Membership Committee of the Union;

17.2.2 submit to the Membership Committee its contact address and the
name and contact information of a contact officer, and the names,
addresses and contact information of each of its office bearers;

17.2.3 submit in proper form, and within the time specified, any financial
report due to the Finance Committee, under this Constitution or any
Rules, Codes or Regulations.

17.2.4 submit in proper form and within the time specified, reports in
respect of activities or development undertakings, to the
Development and Activity Committee;

17.2.5 all executive members shall be Lesotho citizens

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18. NON COMPLIANCE BY ANY OFFICER OF THE EXECUTIVE OR COMMITTEES
OF THE UNION OR THE UNION ITSELF OF THE PROVISIONS OF THE
CONSTITUTION, OR ANY OF THE RULES, CODES OR REGULATIONS

18.1 Any person who complains of non-compliance by an Officer of the Union of the
provisions of the Act, this Constitution or the Rules, Codes or Regulations shall be
entitled to report such complaint, giving notice of the nature of the complaint, the
grounds therefore and the circumstances giving rise thereto to the Secretary and the
Officer whose conduct or non-compliance is complained of (“the Investigated
Officer”).

18.2 To be valid and acted upon such complaints must be made within three months of
the date of the event complained of.

18.3 The Secretary shall refer the complaint to the Disciplinary Committee.

18.4 The Disciplinary Committee shall appoint a person or persons (who shall not be a
member or members of the Disciplinary Committee), to investigate the complaint.

18.5 The investigating officer shall within twenty (21) days or such longer period as the
investigating officer shall deem necessary, submit a report of the findings of his
investigation to the Disciplinary Committee, the complainant and the Investigated
Officer.

18.6 The complainant and the Investigated Officer shall be entitled, within fourteen (14)
days of receipt of the investigating officer’s report, to make submissions in respect
thereof, which submissions shall contain any documentation which will be used in
support of the submissions.

18.7 The submissions shall be submitted to the Investigating Officer, the complainant or
the Investigated Officer (as the case may be) and the Disciplinary Committee.

18.8 Upon receipt of the submissions, or expiry of the period of 14 days referred to in 18.6

18.9 the Disciplinary Committee shall convene a hearing at which the Investigating
Officer, the complainant and the Investigated Officer shall be entitled to make
representations.

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18.10 Subject to the right of appeal to the Appeals Board, the decision of the Disciplinary
Committee shall be binding upon the complainant and the Investigated Officer.

19. NON-COMPLIANCE BY A MEMBER OF THIS CONSTITUTION

19.1 Any person who complains of non-compliance by any member of the Union or any
Officer of a Member or of the provisions of this Constitution or the Rules, Codes or
Regulations shall be entitled to report such complaint, giving notice of the nature of
the complaint, the grounds therefore and the circumstances giving rise thereto to the
Secretary and the member or officer whose conduct or non-compliance is complained
of (“the Investigated Party”).

19.2 To be valid and acted upon, such complaints must be made within three months
of the date of the event complained of;

19.3 The Secretary shall refer the complaint to the Disciplinary Committee.

19.4 The Disciplinary Committee shall appoint a person or persons (who shall not be a
member or members of the Disciplinary Committee), to investigate the complaint.

19.5 The investigating officer shall within twenty (21) days or such longer period as the
investigating officer shall deem necessary, submit the report of the findings of his
investigation to the Disciplinary Committee, the complainant and the Investigated
Party.

19.6 The complainant and the Investigated Party shall be entitled, within fourteen (14)
days of receipt of the investigating officer’s report to make submissions in respect
thereof, which submissions shall contain any documentation which will be used in
support of the submission and list of witnesses upon whom the person making the
submission will comply, and full details of the address at which it will accept service
of any notice or proceedings in any complaint procedures.

19.7 The submission shall be submitted to the investigating officer, the complainant and
the Investigated Party (as the case may be) and the Disciplinary Committee.

19.8 Upon receipt of the submissions, or expiry of the period of 14 days referred to in
20.6, the Disciplinary Committee shall convene a hearing at which the investigating

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officer, the complainant and the investigated party shall be entitled to make
representations.

19.9 Subject to the right of appeal to the Appeals Board, the decision of the Disciplinary
Committee shall be binding upon the complainant and the Investigated Party.

20. RULES OF NATURAL JUSTICE

20.1 The Union, its Members, the Executive and committees of the Union, and
the executive and committees of Members shall comply with the rules of Natural
Justice and procure that in the event any person or party is called upon to
answer any complaint, grievance, or charge he/she or it shall:-

20.2 be appraised of the complaint, grievance or charge;

20.3 be appraised of the facts giving rise to and the grounds of the complaint,
grievance or charge;

20.4 be appraised of the possible sanction that could be imposed;

20.5 be given opportunity to be heard to state his/her or its version of events


and to rebut the complaint, grievance or charge.

21. LAW

The Laws of Lesotho applicable shall apply to this Constitution.

22. APPEALS TO THE NATIONAL APPEALS BOARD

Any person aggrieved by the decision of the Disciplinary Committee (“the appellant”)
may appeal to the National Appeals Board which shall be the Constitution and
Policy Development Committee of the LSRC or the Sports and Law
Commission of the LNOC. Such an appeal shall be submitted to the secretariat
of either organisation for consideration.

23.1 Appeals Procedure

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Every Appellant to the Appeals Board whether under the terms hereof any
applicable Regulations in giving notice of appeal shall:-

23.1.1 date the Notice of Appeal;

23.1.2 in the Notice of Appeal identify all the interested parties who shall
be the respondents in the Appeal;

23.1.3 with the Notice of Appeal, set out in full its grounds for appeal;

23.1.4 with the Notice of Appeal, set out in full the facts on which it relies;

23.1.5 with the Notice of Appeal, provide copies of all documents, letters
etc., on which it relies;

23.1.6 attach to the Notice of Appeal, its Heads of Argument substantiating


its locus to appeal and the grounds for the appeal itself; and

23.1.7 set out its address for service of all proceedings.

23.2 Every appellant shall serve

23.2.1 upon all parties which may be interested in or affected by the appeal
or its outcome, (“an interested party”), by delivery to such parties, a
copy of the Notice of the Appeal and the submissions and
documents referred to in 23.1 above;

23.2.2 upon the office of the Secretary to the Appeals Board, 5 copies of
the Notice of Appeal and the submissions and documents referred
to in 23.1 above.

23.3 A Respondent or any party, which is interested in or which may be affected


by the outcome of the appeal, which seeks to be heard at the appeal (“an
interested party”) shall, within 7 days of receipt by it of service of Notice of

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Appeal and the submissions and documents set forth in 23.1 above, or within
7 days of first becoming aware of the appeal, serve by delivery:

23.3.1 on the appellant and all other interested parties and other
respondents:

[Link] a Notice of intention to be heard;

[Link] a statement of grounds upon which the party


believes it is entitled to be heard;

[Link] a statement detailing its submissions;

[Link] a statement detailing the grounds of its submission;

[Link] a statement detailing the facts giving rise to such


grounds;

[Link] copies of all documents upon which it seeks to rely;

[Link] its heads of argument;

[Link] an address for service of all proceedings; and

23.3.2 serve on the Secretary of the Appeals Board, five copies of the
Notice, statements and documents set out in 23.3.1.

23.4 A respondent or an interested party which is served with the Notice of Appeal,
statements and documents referred to in 23.1 and which fails to serve a Notice of
Intention to be Heard and statements and documents as set forth in 23.3, shall be
deemed not to seek and to have waived its right to be heard at the appeal.

23.5 The Appeals Board shall, upon receipt of the statements and documents from
appellant, respondents and interested parties contemplated in 23.1 and 23.3 set a

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date for the hearing of the appeal and notify the appellant, respondents and
interested parties in writing thereof (“the Notice of Hearing”). The date of hearing
shall be on a day not less than 7 days from date of the Notice of Hearing.

23.6 Any appellant, respondent or interested party, which having received the Notice of
Hearing, fails to appear in person or by representative at the hearing (“the
defaulter”) shall be deemed to have waived its right to appear and be heard at the
appeal, and the Appeals Board shall be entitled in its discretion to ignore all or such
part of the written submissions made by the defaulter as the Appeals Board in its
discretion deems fit.

23.7 At the hearing the Appeals Board may, as in its discretion deems appropriate:

23.7.1 determine the procedure for hearing;

23.7.2 call for viva voice evidence, to be given on oath or as otherwise as it


may direct;

23.7.3 follow such rules of evidence;

23.7.4 allow or refuse cross examination of witnesses.

23.8 The Appeals Board may, on appropriate submission and in appropriate


circumstances, extend curtail or shorten the periods prescribed hereinbefore
for service of documents and Notice of Hearing provided that no party entitled
to receive service of documents shall thereby be prevented or precluded from
such receipt.

23.9 The Appeals Board may

23.9.1 adjourn the hearing for such time as it deems fit for the purposes of
giving its decision with written reasons; or

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23.9.2 Give its decision immediately, or within a short period of time, with full
written reasons to be provided later.

24. AMENDMENTS TO THE CONSTITUTION

This Constitution may be amended, at any time, by special resolution or at the


General Assembly, taking into consideration not to affect the Supervisory Board and
how it is constituted. Amendments shall only be made in all areas including rules
and the Executive Committee except for the appointment of the Secretary as this
position is pivotal to stabilizing the Union for a long period of time. Until such time
that the newly improved Constitution with contributions from LNOC and LSRC if
finalised and fully incorporated at the Law Office of Lesotho, the Membership shall
give permission to the executive Committee to make improvement on the
Constitution as set out at the 2017 Annual General Meeting held at LSRC offices.
The finalization of the constitution is set to be completed in 2019 and send out to all
members.

25. OBLIGATIONS OF THE UNION, ITS OFFICERS, ITS MEMBERS AND OFFICERS
OF MEMBERS

25.1 The Union and its Officers shall be obliged to familiarise themselves with
the terms of this Constitution.

25.2 The Union is obliged to comply and ensure that its Officers and Members
and Officers of Members comply with this Constitution.

25.3 Each Officer of the Union, when he/she takes office, shall be deemed to
have familiarised himself/herself with this Constitution and undertake to be
bound by the provisions thereof.

25.4 A breach by an Officer of the Union of any of the provisions of this


Constitution shall be deemed to be a breach by such Officer of the terms
of this Constitution.

25.5 Every Member, when it submits its application for membership of the Union
shall be deemed to have familiarised itself and understand the provisions

31
of this Constitution to have undertaken to be bound, upon becoming a
Member, by the provisions of this Constitution.

25.6 Upon acceptance by the Union of an applicant as a Member, the Member


shall be deemed to be bound by the provisions of this Constitution

25.7 Each member shall be obliged to ensure that its Officers be bound by and
shall comply with the provisions of this Constitution.

25.8 A breach by a Member or any of its Officers, of any provision of this


Constitution shall be deemed to be a breach by the Member of the terms
of this Constitution.

26. Disputes

26.1 in the invent of dispute arising between a members or former member or


any other person whose claim is derived from a member or a former
member, the decision shall be referred to the committee for resolution, in
the event that the dispute cannot be dissolved it will be referred to the
Lesotho Sport and Recreation Commission and the LNOC for resolution, if
still not being solved it be referred to the Rugby Africa for final arbitration.

27. Dissolution

27.1The association shall be dissolved at its own instance if two thirds of its members
present at a Special General Meeting called especially for that purpose of
which at least ten days’ notice shall be given to all members decide that
the association be dissolved. In this event the association assets shall be
dealt with in terms of article….para… (3 point 10)

28. Conformity

28.1 No decisions of the organs of the association shall be in conflict with the policies,
decisions or provisions of the Lesotho Sport and Recreation Commission,
its constitution and the Lesotho Sport & Recreation Act No. 3 of 2002 or
the LNOC and its policies.

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THIS IS THE REVISED CONSTITUTION OF THE FEDERATION OF LESOTHO RUGBY
(FLR)

THUS SIGNED AND EXECUTED ON THIS ...........DAY OF......................................

IN THE PRESENCE OF THE SUBSCRIBING WITNESSES;

NAME________________SIGNATURE______________Address____________Contact

NAME________________SIGNATURE______________Address____________Contact

NAME________________SIGNATURE______________Address____________Contact

NAME________________SIGNATURE______________Address____________Contact

NAME________________SIGNATURE______________Address____________Contact

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