RESIGNATION, MISCONDUCT, SUSPENSION AND EXPULSION
RESIGNATION AS A MEMBER
Any member may resign as a member of the Society by submitting a written notice to the Secretary on the understanding that:
such a resignation shall come into immediate effect; and
no subscription or portion thereof shall be refundable; and
all moneys due to the Society up to the date of receipt of the resignation notice shall have been paid in full and all obligations in respect of documents, records, registration and transfers or any other obligation – including moneys as defined in Subclause 6.5 - with reference to his membership required by the Society shall be fulfilled.
A member is guilty of misconduct if he:
fails to pay any amount of money due to the Society within 30 (thirty) calendar days after a formal written demand for such payment was addressed to him;
contravenes this Constitution or any other ethical rule in the Code of Conduct - as announced to members and approved by the Board from time to time - or in the opinion of the Board, acted in a dishonourable or derogatory manner towards an official, or to the detriment of the interests of the Society;
by any act or omission, real or potential, disgraced or harmed the Society and the Boerboel breed;
has on purpose or for personal gain and advantage, supplied faulty information to the Society or any of its officials, or who has brought about such changes to the body of an animal so as to mislead any person;
tries to bribe an official of the Society;
has been found guilty of a criminal offence as a result of any form of dishonesty or fraud in his capacity as a Boerboel breeder or as a member of the Society; or
acted untruthfully or dishonourably towards a buyer, made false representations about the quality or origins of a Boerboel to a buyer or to the Society, or acted untruthfully or dishonourably in any other transaction with a buyer and/or the Society.
Should the Board:
of its own accord learn that a member acts, or has acted in a manner that may cause him being found guilty of misconduct; or
receive a complaint from a member of the Society or a member of the public, accusing such member of misconduct, the Board must give such a member at least 15 (fifteen) calendar days written notice that a complaint of misconduct shall be investigated on a specific day, time and place.
The notice mentioned in Subclause 7.2.2.b) must be accompanied by a brief of the facts on which the complaint was made, and must inform the member that he shall be entitled to support by a fully paid-up member of his choice.
The Board shall nominate persons to investigate the facts on which the complaint was based, and may hear verbal evidence and consider documents, and other relevant evidence. During such an investigation the Board may temporarily withhold services while such investigation is still ongoing.
The Board may only find a member guilty of misconduct, if the member had full opportunity to defend the complaint, and may only impose a punishment (sentence) if the member has had the opportunity to make representations in respect of the possible appropriate punishment (sentence). If the member does not make use of this opportunity it will mean that he has waived his rights to defend himself.
In the case of finding a member guilty of misconduct, the Board may:
expel the person as a member of the Society;
suspend his membership;
suspend his membership for a specified period;
withdraw his right to vote for a specified time;
suspend the member from the Board, or any other committee of the Society;
give the member a warning.
If a member is not satisfied with the outcome of the investigation he may appeal to the Chairman within 30 (thirty) calendar days.
The Chairman may convene an appeal committee of at least two senior Board members to address the complaint. However, the Chairman may also appoint an external chairman to lead the committee.
The outcome of the committee’s findings shall be submitted to the Board for final consideration. A Board resolution to find a member guilty of misconduct and the penalty decided on must be agreed upon by a two-third majority of Board members.
If a member does not attend such an investigation as had been notified for a specific date, time and place, the committee may continue with its investigation after 15 minutes without the member being present. This shall mean the member waives his rights to defend himself.
Any member who is found guilty of misconduct shall be informed in writing by the Secretary within 7 (seven) days of the date on which the decision was made. A member found guilty of misconduct may be held responsible for all expenses incurred in respect of the investigation.
Following on the expulsion of a member, his name shall be removed from the membership list, or any other register or Society reports. All recordings or registrations of dogs in the possession of the expelled member at the time of the expulsion shall be cancelled. No Birth Notification or Service (Mating) Certificate received from such member relating to dogs that formed part of said disciplinary proceedings shall be accepted, and he shall be informed accordingly, provided that a bona fide person, who has vested rights in such actions, may apply to the Board to do the necessary to enforce his rights. In the event of false information having been provided about dogs now longer in possession of the expelled member the Board shall determine appropriate follow-up action.
Any member found guilty of misconduct shall remain responsible for, and shall pay in full all moneys due to the Society, and shall honour all the obligations regarding notifications, registrations and transfers or any other obligations concerning his membership at the time of the investigation.
A person, who, for whatever reason has ceased to be a member of the Society, may submit a written application and motivation for readmission. The Board may, in its sole discretion, decide if and on what conditions such readmission shall take place.
The Head Office shall maintain a list of members found guilty of misconduct after a formal investigation.