I quote from the The SA Constitution:-
Section 17 states “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.”
'May God Protect us, our integrity, our rights, and our horses'
My motivation for this letter is not power for myself (I will not stand on the council , ever!)
BUT I WOULD LIKE TO BE A MEMBER OF A DECENT ENLIGHTENED SOCIETY THAT IS USER FRIENDLY, HONEST, AND HAPPY!!!!
SCHEDULE B:- A DRACONIAN DOCUMENT TO SILENCE THE MEMBERS
Never before have we the members been so powerless to do anything about our situation. If you read schedule B carefully (even though it is full of the words free and fair) you will note that all the decision making power lies within the council and in particular the President and vice president. Any one speaking out is liable to be censored and disciplined.
I QUOTE Schedule B…………
“6.20 In cases where the defendant is not satisfied with the decision of the Disciplinary Committee, the defendant may appeal to the board of the Society. The board will decide how to handle the appeal and the board can decide to appoint an arbitrator in cases where determined. No court has any competency to intervene with regard to any decision that has been taken and/or to set aside a decision and/or the consequences of such a decision that the Disciplinary Committee has made, or in case of an appeal, the decision that has been taken after the appeal has been heard.”
In the above quote from schedule B they (being the disciplinary committee appointed by the society (or President and Vice President) \ actually put themselves outside of the LAW thereby making the society’s constitution Illegal.
RE > THE APPOINTMENT DISCIPLINARY COMMITTEE :-I QUOTE SECTION 3 FROM SCHEDULE B
“The society (or the President or Vice President of the society) shall appoint Disciplinary Committees to hear grounded complaints that are not frivolous, which have been referred in a reasonable time as determined by the society (the President or the Vice President of the society) and which the society (the President or the Vice President of the society) shall determine should be dealt with.”
It is uncertain exactly when this document (Schedule B) was introduced but looking back to the minutes of the 2010 AGM it was not discussed.
SCHEDULE C
The only thing that was discussed at the 2010 AGM (in this vein) was Schedule C.
Unknown to most of the members this document is illegal because it enforces a situation where the member loses his basic right to freedom of speech as laid out in the SA Constitution.
I quote from the 2010 minutes-
‘7.1 Discussion and inclusion of a code of conduct.
The code of conduct was approved and members as well as new members will be obliged to sign it. Members not present will receive a copy for completion and to be returned to the office.’
I do not recall voting on this matter (schedule C).
I didn’t sign it (schedule C) until recently (28\06\2011) when I was informed that it if I didn’t do so I would not be able to vote in the coming AGM.
I signed it, but under coercion.
I quote:-
‘Dear Percheron members,
Please find attached the Constitution of the Percheron Horse Breeders’ Society.
We would like to remind you that on pg. 34 Schedule C the Code of Conduct for members that must be signed. Please be as kind to sign this form and send it back to me, Marisa Nel Secretary of the Percheron Society.
The office also wants to bring the following under your attention: If the Code of Conduct is not signed by you, you won’t be able to vote in the upcoming AGM.
You can e-mail the signed form to marisa@studbook.co.za or fax it to 086 5799 400 / 051 4100 950.
Regards,
Marisa’
COUNCILLORS MUZZELED
The councillors themselves have been told that their meetings are in confidence, and they are not allowed to discuss any of the information outside the meetings; thus intimidating the councillors and putting them under a system of Dictatorship (definition;-dictatorship, form of government in which one person or a small group possesses absolute power without effective constitutional limitations) whether they liked it or not; and in a position where they were unable to execute their duties towards the members. This action is illegal according to the SA Common Law constitution.
MEMBERS BELONGING TO MORE THAN ONE STUD
Although it is not utterly clear in the old constitution; it has always been known to the society members that is one vote per stud and that no member may belong to more than one stud or……..
That, In cases where it is obvious that two members by marital \ family or business connections are signed on for 2 different Percheron studs they only have one vote between them.
This edict was made clear to me verbally, when I signed up nine years ago and it has proceeded like that until the 2010 AGM when the loop hole in our written constitution was exploited.
Take a look at the member ship list and the members who have signed themselves up for more than one stud. There by gaining more votes.
AGM DATE (THE MOST UNTENNABLE TIME)
Historically the AGM was always held in July because most people could attend then. The 24th August is the same day as the Thoroughbred yearling sales and there are members who have to attend the yearling sales.
THE AGENDA
If you note on this agenda for the 2011 AGM; that the President and vice President have put forward a motion for having a 2 year term of office.
Two years is a long time and if one has a look at how badly our horses have been devalued in this year alone, the damage that potentially can be done in 2 years cannot be underestimated?
CHANGE
I propose that we should form a new and enlightened constitution which attempts to take in every aspect and aspirations of all the members. This, however idealistic it seems, I do believe we can achieve relatively easily.
It must state clearly in our new constitution that no member is allowed to belong to more than one Percheron stud; so that it may never be exploited again.
It must state clearly in our new constitution; in cases where it is obvious that two members by marital \ family or business connections are signed on for 2 different Percheron studs they only have one vote between them; so that it may never be exploited again.
I propose our new constitution should look at things like holding meetings by Skype so everyone has a say.
I propose that we should be able to vote by proxy should we not be able to attend meetings.
I propose that all information discussed in council meetings is recorded and CDS sent out to all the members.
Take a look at the Australian Percheron Breeders constitution it is a good example of a free \ fair \ transparent and wholly legal document.
I would like to say that never in all the 9 years that I have been a member have I ever felt any need to protest about anything. We were, as another member put it, ‘A Gentle Society”
HOW TO MAKE IT HAPPEN
We all speak out demanding a new constitution on the grounds that we were not made aware of Schedule B and C, the fact being that they are illegal, in spite of the grey area surrounding their origins.
Whatever the present Board has to say concerning this, the fact remains that they have been the only ones to act upon these laws (Schedule B and C) and enforce them making them wholly responsible.
Now that we (the members) are aware, that Schedule B and C are illegal, we want to belong to a society whose constitution is backed by the courts and is legal.
Regarding the serious nature of this situation, where a form of dictatorship has been in place since the last AGM in July 2010; I propose that we call for a special GM where we are allowed the right to vote by proxy should we not be able to attend.
Due to the seriousness of the matter it would better if everyone attended.
No new members signed up since 01\07\2011 should be allowed to vote in this particular special GM because they have no historical insight into what has taken place.
No members; who signed themselves up for more than one stud whilst belonging to another stud(before or after) 2010 AGM, and thus implicating themselves by exploiting the loophole in the old constitution and breaking voting code within the Percheron Breeders Society since the beginning; may be allowed to vote in the 2011 special GM;
No members; where it is obvious that two members by marital or business connections are signed on for 2 different Percheron studs, and signed up (before or after) the 2010 AGM thus implicating themselves by exploiting the loophole in the old constitution and breaking the voting code within the Percheron Breeders Society since the beginning; may be allowed to vote in the 2011 special GM
The councillors, (Ds Paul Lubbinge, Johan van der Merwe and Dr Peter Dommett) because of their manipulated predicament under enforced illegal laws (Schedules B and C) Schedule B puts all the power ultimately in the hands of the president and vice president.
The councillors (Ds Paul Lubbinge, Johan van der Merwe and Dr. Peter Dommett) have been told that their meetings are in confidence, and they are not allowed to discuss any of the information outside the meetings; thus intimidating the councillors and putting them under a system of Dictatorship whether they liked it or not; and in a position where they were unable to execute their duties towards the members. This action is illegal.
They (Ds Paul Lubbinge, Johan van der Merwe and Dr Peter Dommett) should not be held responsible for any of this because they were misinformed and victimised.
They (Ds Paul Lubbinge, Johan van der Merwe and Dr. Peter Dommett) given the circumstances, must be allowed to have their voting rights at the 2011 special GM. PICKING UP THE PIECES
A date must be set for the special GM.
Every possible attempt will be made to choose a date that suits all the members.
Every possible attempt must be made by the all the members to attend the extraordinary GM.
At this special GM; we the members, must come up with a DECENT, USER FRIENDLY, CONSTITUTION which is wholly transparent and backed by the courts and The Constitution of S.A .
In the future that it be clear in the constitution that no member is allowed to belong to more than one Percheron stud.
In the future that it be clear in the constitution; that in cases where it is obvious that two members by marital \ family or business connections are signed on for 2 different Percheron studs they only have one vote between them.
In the future that it be in the constitution; that no breeder may divide his horses up amongst friends thus forming a whole lot of studs and new members in order to garner votes.
In the future that it be clear in the constitution; the new constitution protects us against the creation of cartels.
That we form a constitution that protects the rights of the members and horses alike; so that never again should we come under another dictatorship.
Then we can hold an ordinary GM at another date and start afresh.
