THE CONSTITUTION OF THE ZIMBABWE OLYMPIC COMMITTEE
ARTICLE 1
PREAMBLE
We, the NOC of Zimbabwe, an organisation belonging to the Olympic Movement, duly represented by the undersigned, hereby undertake to respect the provisions of the Olympic Charter and the World Anti-Doping Code and to abide by the decisions of the IOC. We, undertake, in accordance with our mission initiatives to promote peace and to promote women in sport. We also undertake to support and encourage the promotion of sport ethics, to fight against doping and to demonstrate a responsible concern for environmental issues.
ARTICLE 2
“MISSION”
The mission of the ZOC is to develop and protect the Olympic Movement in Zimbabwe in accordance with the Olympic Charter. In pursuance of this mission the ZOC may cooperate with governmental or non-governmental bodies. It may however not associate itself with any activity, which would be in contradiction with the Olympic Charter.
Article 3
LEGAL STATUS
Under the terms of the Olympic Charter, those individuals or legal entities abiding by these statutes shall hereby set up a non-profit association called the Zimbabwe Olympic Committee, which will be its official name. The Zimbabwe Olympic Committee shall have jurisdiction over all the territory of Zimbabwe and its headquarters shall be situated within the limits of Zimbabwe.
The duration of the association shall be unlimited.
The association shall have a legal persona.
ARTICLE 4
DEFINITION
a) “IOC” shall mean the International Olympic Committee.
b) “IF” shall mean an International Federation, a non-governmental organization administering one or several sports at world level and is affiliated to or recognized by the International Olympic Committee.
c) “ZOC” shall mean Zimbabwe Olympic Committee and / or Commonwealth Games Association of Zimbabwe.
d) “NF” shall mean a National Federation affiliated to an International Federation affiliated to or recognized by the IOC.
e) “Olympic Games” shall mean the Games of the Olympiad and/or the Olympic Winter Games.
ARTICLE 5
OBJECTIVES
The ZOC shall have the following aims inter alia.
a) To develop and protect the Olympic Movement in Zimbabwe in accordance with the Olympic Charter.
b) To ensure the observance of the Olympic Charter in Zimbabwe.
c) To propagate the fundamental principles of Olympism at national level within the framework of sports activity and otherwise contribute to the diffusion of Olympism in the teaching programmes of physical education and sport in schools and institutions of higher learning.
d) To encourage the creation of institutions which devote themselves to Olympic education.
e) To participate in the development of high performance sport as well as grassroots sport.
f) To help develop among people the culture of participating in sport for all.
g) To exploit Olympic sport in order to provide better health, education and standards of living of the youth and the protection of the environment.
h) To organize courses and workshops, local and foreign, for sports administrators, coaches and technical officials.
i) To commit itself to taking action against any form of discrimination and violence in sport.
j) To fight against the use of substances and procedures banned by the IOC and IFs and ensuring the strict observance of the World Anti-Doping Code. To adopt and implement the World Anti-Doping Code, thereby ensuring the Zimbabwe Olympic Committee anti-doping policies and rules, membership and/or funding requirements and results management procedures conform with the World Anti-Doping Code and respect the roles and responsibilities for NOCs that are listed in the World Anti-Doping Code.
k) While ensuring their autonomy, work to maintain
harmonious and cooperative relations with appropriate
governmental, local and international non-governmental
organizations.
l) To protect the Olympic Symbols in Zimbabwe from commercial and any other abuses.
m) To safeguard its autonomy as defined in the Olympic Charter.
ARTICLE 6
RIGHTS
The ZOC:
a) Has the exclusive powers for the representation of Zimbabwe at the Olympic Games.
b) Constitutes, organizes and leads Zimbabwe’s delegation at the Olympic Games. It decides upon the entry of competitors proposed by its respective NFs as defined in the Olympic Charter.
c) Has the authority to designate the city, which may apply to organize Olympic Games in Zimbabwe.
d) May formulate proposals to the IOC concerning the Olympic Charter and the Olympic Movement in general, including the organizing and holding of the Olympic Games.
e) May give its opinion concerning the candidatures for the organizing of the Olympic Games.
f) May collaborate in the preparations of Olympic Congresses, and
g) Participate, at the request of the IOC, in the activities of the IOC Commissions.
ARTICLE 7
TASKS
The ZOC shall endeavor to:
a) Organize an annual Olympic Day Run or Week to promote the Olympic Movement;
b) Include in its activities the promotion of culture and the arts in the field of sport and Olympism; and
c) Participate in the programmes of Olympic Solidarity.
ARTICLE 8
MEMBERSHIP
The ZOC shall consist of the following bodies.
I) General Assembly
ii) Executive Board
iii) Executive Committee
iv) General Secretariat
v) Commissions
w) Honorary Life members
ARTICLE 9
GENERAL ASSEMBLY
The General Assembly, hereinafter referred to as the Assembly, is the highest authority on all matters to do with the Olympic Movement in Zimbabwe. It shall be composed of Zimbabwean nationals of good standing who may be:
a) Members of the ZOC Executive Board elected at a General Assembly.
b) Honorary Life members appointed in terms of article (12) that shall not have a vote.
c) Any Zimbabwean who is a member of IOC; such member or members shall have a vote.
d) Presidents of National Federations or their representatives affiliated to IFs recognized and included in the Programme of the Olympic and/or the Commonwealth Games. The NFs shall prove they exist on a national level and that they exercise a specific and real sport activity in the country and internationally, in particular by organizing and participating in competitions and implementing training programmes for their athletes. The ZOC shall recognize only one NF for each sport governed by such IF.
e) The two representatives of the ZOC Athletes’ Commission , who shall be active or retired athletes who have taken part in the Olympic Games, however, the latter must retire at the latest by the end of the third Olympiad after the last Olympics in which they took part.
f) The ZOC may include the following as members:
i) NFs that are affiliated to IFs recognized by the IOC, the sports of which are not included in the programme of the Olympic or the Commonwealth Games.
ii) Multi-Sport Groups and other sport oriented organisations or their representatives, as well as Zimbabweans who have rendered outstanding service to the ZOC and to the cause of Olympism.
NOTE: Any member, who has been expelled from the IOC, may not be a member of the ZOC.
ARTICLE 10
ELIGIBILITY
a) All members of the ZOC shall be Zimbabwean citizens who have attained age of majority.
b) With the exception of those who devote themselves exclusively to the administration of sport, members shall, accept no salary or bonus of any kind in consideration of the performance of their functions. (Salary and bonus shall not mean payment of approved allowances and reimbursement of expenses met in the course of them doing approved ZOC business.)
c) Neither Government nor any other public authority shall designate any members of the ZOC. However, the ZOC may decide, at its discretion, to elect as members representatives of such authorities.
ARTICLE 11
CESSATION OF MEMBERSHIP
Membership of the ZOC shall cease:
a) With respect to the NFs, upon dissolution;
b) With respect to the member(s) of the IOC in Zimbabwe, upon loss of such position;
c) Upon resignation;
d) Upon expulsion by the Executive Board following a hearing given to the member concerned, for any or all of the following reasons:
- Non-payment of annual subscription for two consecutive
years;
- Infringement of these statues or of the Olympic
Charter;
- Loss of Zimbabwean nationality or of civil and political
rights;
- Failure to attend, without adequate reason, three
consecutive meetings of the Executive Board.
e) Upon expulsion from the IOC
f) Upon being declared bankrupt or compromised with creditors or becoming physically incapable of or refusing to act, or being convicted of a criminal offence and/or sentenced to a term in prison without the option of a fine.
ARTICLE 12
MEETINGS
a) The General Assembly shall be held each year. The
Secretary General or CEO shall give at least forty-two
(42) days notice of the date and venue of the meeting.
With the notice to the affiliate federations shall
be the agenda.
b) Ordinary sessions shall convene each year to consider the following agenda:
i) Confirmation of delegates credentials
ii) Notice convening the meeting.
iii) Adoption of the agenda.
iv) Minutes of the previous meeting.
v) Matters Arising.
vi) Hear the President’s report.
vii) Examine and approve the report of activities
of the Executive Board as presented by the Secretary
General.
viii) Examine and approve the audited accounts of
the previous year as presented by the Treasurer.
ix) Approve budget for the following year.
x) Consider any motions for which due notice was given.
xi) Appoint trustees if a vacancy occurs (at the recommendation
of the Executive Board).
xii) At least every four years and not more that eight
months after the completion of each Olympic Games,
to elect members of the Executive Board, or fill any
vacancy occurring on the Executive Board.
xiii) To appoint Honorary Auditors.
xiv) To appoint Honorary Life Members.
xv) To consider general business.
c) In all deliberations before the General Assembly and / or the Executive Board, delegates and members shall declare their interest if any. Should an interest be declared the delegates or members so doing should recuse themselves
ARTICLE 13
EXTRAORDINARY SESSIONS
The General Assembly shall meet in extraordinary session
at the request of at least two thirds of its members
or the Executive Board. At such a meeting the General
Assembly shall consider only those items called for
and included on the agenda. The Secretary General
or CEO shall give a thirty-day notice for such a meeting.
The quorum for a Special General Assembly shall be
as provided for in article 14 ( C ).
ARTICLE 14
POWERS AND CONSTITUTION OF THE GENERAL ASSEMBLY
a) The General Assembly can validly act only on those items appearing on its agenda. Proposals concerning the agenda must reach the Secretary General or CEO no latter than 14 days prior to the meeting. Members shall be notified of the date for the session at least forty-two days in advance (article 12 a).
b) The NFs affiliated to International Federations governing Olympic sports or their representatives shall constitute the voting majority at the General Assembly.
c) The quorum for the General Assembly shall be at
least one half of the total membership, except with
respect to amendments to these statues or disbandment
of the ZOC, which require that at least two thirds
of the total membership shall be present. Where a
quorum is not reached after thirty minutes the meeting
shall be adjourned by one month same place, same time.
At the adjourned meeting any number of members present
shall form a quorum.
d) Decisions shall be made by a simple majority of
votes cast except for decisions regarding amendments
to these statutes or disbandment of the ZOC, which
shall be made by at least two thirds of the votes
cast. In the event of a tie the chairman of the General
Assembly, shall have a casting vote.
e) The President of the ZOC, or, in his absence, one of the persons referred to in Article 15 ( a ), shall chair the General Assembly.
f) When dealing with questions relating to the Olympic Games, only the votes cast by the Executive Board and by the NFs affiliated to IFs governing sports included in the Programme of the Olympic Games shall be taken into consideration.
ARTICLE 15
POWERS AND CONSTITUTION OF THE EXECUTIVE BOARD
a) The Executive Board shall be composed of eleven (11) elected members, at least three (3) of whom should be women as follows:
1. The President
2. The Two Vice Presidents
3. The Secretary General, except that in the case
of the appointment of a CEO, the post of SG shall
be assumed by the CEO for IOC related matters, without
the right to vote, in which case a provision would
be made for an additional Executive Board Member (making
a total of 7 other members) to retain the level of
elected representation.
4. The Treasurer
5. Members of the IOC in Zimbabwe, if any,
6. Six other members elected at the General Assembly
who shall have been nominated by NFs on the Olympic
and Commonwealth Games Programme.
7. The elected Chairman of the ZOC Athletes’
Commission shall be co-opted as an Executive Board
Member with a vote.
b) The Executive Board administers the ZOC Board between the General Assemblies. It shall have powers to act for the General Assembly and report accordingly to the next Session. It shall effect all decisions of the General Assembly.
c) The quorum of the Executive Board shall be 50% +1. Should a quorum not be reached after thirty minutes the meeting shall be automatically adjourned for seven days same time same place. At the adjourned meeting any number of members present shall form a quorum. Decisions shall be made by a simple majority of votes cast. In the event of a tie the President shall have a casting vote.
d) The majority of the voting members of the Executive Board shall be representatives of Olympic Sport Federations.
e) Any vacancies occurring during the year shall be filled at the next General Assembly.
f) The Executive Board may co-opt members to address
anomalies in representation.
g) The president shall represent the ZOC in all matters
including the signing of contracts and agreements.
ARTICLE 16
EXECUTIVE COMMITTEE
a) This shall consist of five members: the President, the two Vice Presidents, the Secretary General or CEO (without a vote) and the Treasurer.
b) In between the Executive Board meetings the Executive Committee may meet and take decisions by a majority vote of the whole membership (excluding the CEO). All decisions by the Executive Committee shall be ratified in the next meeting of the Executive Board.
ARTICLE 17
VOTING
a) Associations affiliated to IFs governing Olympic sports shall constitute the majority of voting at the General Assembly and in the Executive Board. However, when dealing with questions relating to the Olympic Games, only the votes cast by the Executive arm of the ZOC and by the national federations affiliated to IFs included in the programme of the Olympic Games are taken into consideration. Conversely only those federations included on the Commonwealth Games Programmes and the members of the Executive Board shall have their votes taken into consideration when dealing with issues related to the Commonwealth Games Federation.
b) Members who are in arrears of subscriptions and / or are not in good standing with the ZOC in whatever way may attend the General Assembly or the Special General Assembly as observers but may not participate in the proceedings including voting.
ARTICLE18
GENERAL SECRETARIAT
The Secretary General or CEO shall head the secretariat. It shall fulfill all administrative duties related to effecting Executive Board decisions and the day-to-day running of the office. The secretariat shall deal with all internal and external correspondence under the signature of the Secretary General or CEO. It shall ensure sound performance of such functions as keeping the NOC records in order, including assistance with preparations of budget and other financial reports, meetings’ agenda and recording of minutes of such meetings.
ARTICLE19
COMMISSIONS AND WORKING GROUPS
The President shall, after consulting with the Executive
Board appoint commissions and or working groups to
undertake special functions for a specified period
of time.
ARTICLE 20
ELECTIONS
a) The elections of the ZOC shall be held every four years within eight months of the Olympic Games having been celebrated in terms of Article (12) (xii).
b) The Secretary General or CEO shall give notice
to convene the General Assembly at least forty-two
days before the Assembly.
c) Associations wishing to nominate candidates should
do so fourteen days before the Assembly.
d) A person may be nominated for not more than two positions.
e) The voting shall be by secret ballot. Where there is a tie a second ballot shall be conducted. This may be repeated until a winner is declared.
f) No proxy shall be allowed for a member or federation that is unable to attend for whatever reason.
g) Only federations in good standing with the ZOC shall be allowed to vote at a General Assembly.
h) Copies of the minutes of the meetings at which elections or replacement of members have taken place shall be sent to the IOC. All documents must be certified as true copies by the President and the Secretary General or CEO of the ZOC.
ARTICLE 21
HONORARY LIFE MEMBERS AND TRUSTEES
i) The Trustee shall normally be a person of unquestionable
morals and stature, who will have served the community
and sport.
ii) Ex-members of the Executive Board of ZOC who will have served on the Board for at least 10 years continuously will be eligible for election as Life Members of ZOC. Life members may not vote in meetings. They may be co-opted on to the Executive Board.
iii) The Executive Board shall recommend to the General Assembly a maximum of two persons for appointment as Trustees. They will remain Trustees for life or until they resign or retire. Any Trustee being declared bankrupt or compounding with his creditors or becoming physically or mentally incapable of or refusing to act or being convicted of a serious offence involving dishonesty and / or sentenced to a prison term without the option of a fine, shall ”ipso facto” vacate his office and the vacancy shall be filled by the Executive Board by appointing another Trustee in his/her stead. Such appointment shall be ratified at the next General Assembly.
ARTICLES 22
FINANCIAL MATTERS
a) The ZOC shall seek sources of financing that will enable it to maintain its autonomy in all respects. The collection of funds must, however, be accomplished in strict accordance with the Olympic Charter and in such a manner that the dignity and independence of the ZOC are not compromised.
b) The income of the ZOC shall be derived from:
i) Membership subscriptions;
ii) Subsidies from the State, public entities and other bodies;
iii) Subsidies from the IOC Olympic Solidarity and other subsidies from the IOC, which shall appear distinctly in the accounts for the financial year;
iv) Donations;
v) Marketing activities;
vi) Proceeds from stamp issues, and the publication and sale of printed material;
vii) Fees for services rendered; and /or
viii) Other sources.
c) The financial year of the ZOC shall be the calendar year.
d) The Treasurer in consultation with the President and the Secretary General or CEO shall prepare the budget.
e) The Treasurer shall be responsible for the financial records of the ZOC including revenue collection and expenditure. He shall ensure the raising of resources to meet the needs of ZOC.
f) The Honorary ZOC Auditors who shall not be the ZOC members in terms of Article (9) shall audit the ZOC accounts.
g) The principal signatories to the ZOC bank accounts
shall be the Treasurer and / or the Secretary General
or CEO and any other person decided upon by the Executive
Board.
ARTICLES 23
FLAG, EMBLEM AND ANTHEM
The ZOC may have its own emblem, logo, flag and anthem. The emblem, flag, logo and the anthem adopted by the ZOC for the use in relation to its activities, including the Olympic Games, must be submitted to the IOC for approval.
ARTICLE 24
LANGUAGES
The official languages of the ZOC are SHONA, SINDEBELE and ENGLISH.
ARTICLES 25
AMENDMENT TO THE CONSTITUTION
The ZOC Constitution may be amended at a General Assembly
for which due notice was given. A two-thirds majority
of the members present shall be required. Any amendments
may only be carried out in terms of article (12).
Amendments dealing with the election of any member
into office may only be dealt with at the General
Assembly held every year. Any changes to the Constitution
shall be communicated to the IOC and ANOCA and the
CGF for approval.
ARTILCLE 26
DISSOLUTION
a) The ZOC may be disbanded by a General Assembly convened especially for that purpose on the proviso that the:
i. Meeting is called for by two thirds of the members
ii. Two thirds of members attend
iii. Decision is carried by two thirds of votes cast
b) Should the ZOC be disbanded its assets if any, shall be donated to entities related to sport by the Trustee.
ARTICLE 27
COMPLIANCE WITH IOC CHARTER
The ZOC Constitution shall at all times, be in accordance with the Olympic Charter and refer expressly to the latter. Should there be any doubt concerning the interpretation of these statues, or omissions or discrepancies between it and the provisions of the Olympic Charter, the latter shall prevail.
ARTICLE 28
ARBITRATION
a) The ZOC shall introduce a code of conduct, which
all its affiliates shall be asked to subscribe to
upon application for affiliation or in the case of
those affiliated already will be required to confirm
their acceptance within thirty days of the code of
conduct coming into effect.
b) The ZOC shall constitute a judicial Commission
to deal with all matters of arbitration within it
and accessible to its affiliates.
c) Court of Arbitration for Sports (CAS)
Any decision made by the ZOC may be submitted exclusively by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland, which will resolve the dispute definitively in accordance with the Code of Sports-Related Arbitration. The time limit for appeal is twenty-one days after the reception of the decision concerning the appeal.
ARTICLE 29
OBLIGATIONS AND EXCLUSIVE POWERS
a) The ZOCs obligation and exclusive powers shall
be to constitute, organize and lead its respective
delegations at the Olympic Games and at the Regional,
Continental or World Multi-Sports competitions patronized
by the IOC including the Commonwealth Games. The ZOC
is responsible for the behaviour of members of its
delegations.
b) The ZOC has exclusive powers for the representation of Zimbabwe at the Olympic Games and at Regional, Continental or World multi-sport competitions patronized by the IOC including the Commonwealth Games.
This amended constitution was adopted at the General Assembly held on 29 April 2005.
