OPINION PIECE
3 Constitutional Details
ASA has announced Saturday 8 May 2021 for elections . The first notice of this QGM is dated 4 February 2021 , but the deadline dates listed in that notice , for raising points on the agenda or nominating candidates , were updated on 11 February 2021 , to be more correctly aligned to the ASA constitution . These were then passed on to clubs , with the necessary nomination forms .
This is the first step in a five-stage process leading to the election of the ASA leadership , and this is a process that should involve all licensed members throughout the country , so everyone should be encouraged to make their voice heard . That said , this system was devised at a time when the technology of today was not available , and is thus in desperate need of an update , as it prevents the individual athlete from voting directly . However , to make changes to that requires changes to be made through this current system .
In other words , the constitution needs to be amended . So , to explain the system , what follows is a layman ’ s understanding of the 2017 constitution , as applied to the upcoming elections .
ASA Board with three Commissions
All licensed runners and clubs have constitutional rights in determining the election of 26 posts at ASA Board level ( 10 positions , including four Commission chairs ) and Commission level ( 16 posts across four commissions ). The SA School and SA Student bodies are elected by their own national structure , with the chair of each automatically serving on the ASA Board . At least three of the delegates on the 12-person Board must be women , and at least two members of each five-person commission must be women .
Surprisingly the Athletes Commission chair is elected in the same way as the chair of Road , Cross Country and Track and Field Commissions , with the nominations from provincial level and the provincial representatives required to vote for the Chairs in the first round of Board elections . This would appear to be a flaw in the constitution , as logic dictates that only athletes should vote for the athlete representatives , especially given that the ASA rules now clearly define elite , national and legend athletes .
Five Stages of the ASA Election
Stage 1 … We have already commenced this stage , which is meant to ensure the nomination of the correctly qualified , experienced and skilled people for the positions . Now that notice of the meeting and nomination forms are distributed , any licensed runner can nominate any other licensed member , but must ensure the person is willing to take the position , and according to the constitution clause , is “ active in the domicile province .” ( One would think the clause should actually insist on a nominee being in good standing in the province , as ensured at World Athletics level by the Athlete Integrity Unit .)
Provinces have an obligation to ensure the nomination forms go to all their registered clubs , which then gives runners their opportunity to nominate candidates . Importantly , provinces should give notice to their clubs , in accordance with their provincial constitutions , for a provincial council meeting to be held between 15 April and 2 May . This is a vital step in preparation for stage 4 below , if the licensed members and clubs are going to be allowed to participate in the elections .
Club committees consolidate the nominations from their members for submission to the provinces , which then compile all such nominations and confirm that nominees are active in their province . All nominees must be cleared by their domicile province , in the hope of eliminating ineligible or unsuitable candidates , but as noted above , the clause only states that the nominee must be “ active ” in the province , which is surely another constitutional flaw that needs to be addressed . On a related note , the nomination form only allows for one nominee per position , but the constitution appears silent as to whether more than one nomination for the same position could be accepted from any province .
It ’ s also important to note that every incumbent person serving on the current ASA Board and Commissions is automatically re-nominated for the same position , but is still be required to be cleared as active in the province in which he or she is domicile . Another important aspect is that there are no limits on the number of terms of office , which means , for example , that the ASA President or a Commission member could theoretically be continually elected for life . ( Given the precedent set by the South African national constitution , these could be other aspects covered in a proposal for constitutional change – see stage 2 .)
Stage 2 … This relates to any items for discussions or proposals for change to rules or constitution , which have to be sent to the ASA CEO by 24 March 2021 . These are proposed and seconded from the clubs , via the province and onto ASA . Although the form does not require to identify seconding , it is worthwhile for any submission to ensure that it is supported by other provinces .
Stage 3 … This commences on 7 April 2021 when the nominations must be submitted to the ASA CEO , which is 30 days prior to the QGM date . The ASA office then compiles a list of all approved nominees , identifying all the candidates for each position , and this list is distributed to provinces , who are again obliged to swiftly distribute this list to the clubs , and hence their members . The summarised nominee list , together with the finalised agenda of the QGM , plus minutes of the previous AGM , must be sent from ASA to the provinces by 16 April 2021 .
Stage 4 … This begins on 16 April , when provinces receive the above meeting documents from ASA , and once again have an obligation to share them to all their clubs . The members of these clubs can then vote at club level to give their chairperson a mandates who to vote for at the previously arranged provincial council meeting .
It is this provincial council meeting held between the 8 and 15 April that provincial clubs are expected to exert their power . By voting for the identified candidates , the clubs instruct ( mandate ) their two provincial representatives as to which person that province wants in each of the 26 positions at national ASA Board and Commission level . There are only 21 days for this club and provincial mandating to take place . This meeting should also mandate the provincial representatives on how to vote on each of the other agenda items .
To be clear : It is the right of the clubs in the province to mandate the two provincial representatives who they must vote for . The provincial representatives do not have an individual vote , they are representatives of all the clubs in their province , a point that seems to have been lost to many in the sport in recent years
Stage 5 … The ASA QGM will be held on Saturday 8 May at a hotel near the O . R . Tambo Airport in Kempton Park . Each province has two votes , and each Associate member ( Student , Schools , Defence Force , etc ) has one vote . Additionally , but arguably outdated and now a source of error , each of the incumbent office bearers has a vote . This means that between the Board and all Commission members there are 28 votes , used by the individuals already holding positions , and only 34 provincial votes with six more from Associate members .
This effectively means that each individual incumbent has the equivalent voting power of half a province , which in turn could represent thousands of licensed runners ! This may seem unreasonable , but keep in mind that in 1993 , the architects of the ASA constitution used this sensible option as a means of ensuring the success of the unification process that brought different racial bodies within the sport together . However , that time has successfully been passed , and thus this could well be another aspect worthy of constitutional review … although most if not all of the current incumbents are unlikely to agree !
The voting is undertaken in three sessions , and when complete , the new ASA leadership structure is announced . The final layer of administrative structure then relates to the nine Standing Committees , each with five members . Although candidates can be nominated by anyone for these committees , they are eventually appointed by the Board , and while this process greatly shortens the election process , it has obvious potential for flaws or lack of transparency .
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Images : Pexels
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ISSUE 138 FEBRUARY 2021 / www . modernathlete . co . za