In a sequel to the recent requisition by the SA National Trainers Association to call a Special General Meeting, National Horseracing Authority CEO Vee Moodley has written to members of the racing regulatory body.
Mr Moodley writes that in terms of clause 26 of the Constitution of The National Horseracing Authority of Southern Africa (“NHA”) no alteration, amendment or addition shall be made to the Constitution save by a special resolution carried by a majority of not less than two thirds of the votes, both given by proxy and by members present and entitled to vote at a Special General Meeting (“SGM”) called for the purpose.
On 10 June 2021 the National Board of the NHA (“the Board”) received a written requisition signed by not less than 100 members to call a SGM in terms of clause 13 of the Constitution.
According to the requisition, the object of the SGM is to consider, and if deemed fit, approve the amendment of the Constitution in order to reconstitute the Board and to remove all references to the office of the Racing Control Executive; and the Board is required to convene a SGM within 30 days of receipt of the requisition, namely on or before 10 July 2021.
On 15 June 2021 at a special meeting held for this purpose, the Board considered the requisition.
The Board took into account that clause 13 of the Constitution requires the Board upon receipt of such requisition to call a SGM of members “at any time and place”.
The Board further considered that with the rate of Covid-19 infections increasing at an alarming rate and with the tightening of restrictions under the regulations issued in terms of the Disaster Management Act 57 of 2002, the earliest date on which the SGM can responsibly be called, is on 1 September 2021.
The Board accordingly hereby gives notice that the Board resolved to call a SGM of members to consider and vote on the proposed amendment of the Constitution, on Wednesday, 1 September 2021.
The resolution was adopted subject to the condition that the Covid-19 protocols prevailing at the time must be adhered to.
The Board will arrange to put appropriate measures in place for members to either attend the SGM in person, or via a virtual platform. These measures will aim to ensure the health and safety of attendees and to safeguard the integrity of the meeting and the voting procedures.
Clause 12.3.1 of the Constitution provides that the meeting shall be convened by notice published in the Official Publication and/or the NHRA website not less than 21 days prior to the meeting.
Notice of the time and place of the SGM will therefore be given in terms of the requirements of the Constitution by 10 August 2021.
As required by clause 12.3.2 of the Constitution, the notice convening the meeting shall also specify the object and business of the SGM.
Documents relevant to the proceedings, including proxy forms, will be forwarded to members and/or placed on the NHRA website by 10 August 2021.
