NFA Statutes New real ones

Chapter Article Page

Contents………………………………………………………………………………………..1
Definitions………………………………………………………………………………..……..2

I. General Provisions………………………………………………………………………..….3-5
II. Membership………………………………………………………………………………..6-10
III. Honorary president and honorary member…………………………………...................…….11
IV. Organisation……………………………………………………………………………...12-31
   A. Congress
   B. Executive Committee
   C. President
   D. Emergency Committee
   E. Standing Committees
   F. General Secretariat
   G. Judicial Bodies
V. Finance………………………………………………………………………………….32-33
VI. Competitions and Rights in Competitions and Events………………...........................….34-35
VII. International Matches and Competitions………………………...............…………………36
VIII. Final Provisions……………………………………………….......…………………..37-38

The terms given below denote the following:
NFA: Namibia Football Association.
CAF: Confederation Africaine de Football.
FIFA: Fédération Internationale de Football Association.
COSAFA: Council of Southern Africa Football Associations.
Association: Namibia Football Association recognised by and a Member of FIFA.
League: an organisation subordinate to the Association and playing association football with as many clubs as determined by the NFA Executive Committee.
Regional Football League: a Regional League or District League subordinate to the Association and representing the thirteen political regions as defined under the Namibian Constitution and the Regional Councils Act,22 of 1992.

Confederation: a group of Associations recognised by FIFA and belonging to the same continent (or similar geographic area).
Club: Member of a football League (that is itself a Member of NFA).
Officials: all board members, committee members, coaches, referees and attendants as well as other people responsible for technical, medical and administrative matters at FIFA, a Confederation, Association, League or Club.

Player: a football player registered with an Association.
Congress: the supreme body of the NFA.
Executive Committee: the executive body of the NFA.
Member: a legal or natural person that has been admitted into membership of the NFA by the Congress.
Association Football: the game controlled by FIFA and organised in accordance with the Laws of the Game.
IFAB: the International Football Association Board.
Ordinary Courts: state courts which hear public and private legal disputes.
Arbitration Tribunal: private court of justice acting instead of an Ordinary Court.
CAS (TAS): Court of Arbitration for Sport (Tribunal Arbitral du Sport) in Lausanne (Switzerland).
NB: References to natural persons include both genders. The singular case applies to the plural and vice-versa.

I GENERAL PROVISIONS
1. The Namibia Football Association is a registered sports body of an associative nature in compliance with the laws of the Republic of Namibia.

2. The headquarters are in Windhoek, Soccer House, Mahatma Ghandi Street with its entrance in Richard Kamuhuka Street, Katutura.

3. The NFA is a Member of COSAFA, CAF and FIFA.

4. The colours of the NFA are: Blue, red, green, yellow and white.

5. The Flag of the NFA is red with black inscriptions.

6. The Emblem of the NFA is a soccer ball engraved in the centre of a shining sun with twelve rays and the words “NFA” and “Namibia Football Association” superimposed at the plane base.

7. The Logo of the NFA is “bringing peoples’ Game to People”.

8. The flag, emblem, logo and abbreviation are legally registered with the Ministry of Trade and Industry.

Article 2 Objectives

The objectives of the NFA are:

a) to improve the game of football constantly and promote, regulate and control it throughout the territory of the Republic of Namibia in the light of fair play and its unifying, educational, cultural and humanitarian values, particularly through youth and development programmes;
b) to organise competitions in Association Football in all its forms at a national level, by defining precisely, as required, the areas of authority conceded to the various Leagues of which it is composed;
c) to draw up regulations and provisions and ensure their enforcement;
d) to protect the interests of its Members;
e) to respect and prevent any infringement of the statutes, regulations, directives and decisions of FIFA, of CAF, COSAFA and the NFA as well as the Laws of the Game and to ensure that these are also respected by its Members;
f) to prevent all methods or practices which might jeopardise the integrity of matches or competitions or give rise to abuse of Association Football;
g) to control and supervise all friendly football matches of all forms played throughout the territory of Namibia;
h) to manage international sporting relations connected with Association Football in all its forms;
i) to host competitions at international and other levels;
j) to promote friendly relations amongst its Members, their affiliates, officials, players and supporters by promoting the organization of football matches at all levels and by supporting Members and their affiliates in any manner the Association deems appropriate.

Article 3 Neutrality and non-discrimination

1 The NFA is neutral in matters of politics, ethnicity, gender and religion.
2 Discrimination of any kind against a member, private person or groups of people on account of ethnic origin, gender, language, religion, politics or any other reason is strictly prohibited and punishable by suspension or expulsion.

Article 4 Promoting friendly relations

1 The NFA shall promote friendly relations between its Members, Clubs, Officials and Players and in society for humanitarian objectives.
2. Every person and organisation involved in the game of football is obliged to observe the Statutes, regulations and the principles of fair play as well as the principles of loyalty, integrity and sportsmanship.
3. The NFA shall provide the necessary institutional means to resolve any internal dispute that may arise between Members, Clubs, Officials and Players.

Article 5 Players

1 The status of Players and the provisions for their transfer shall be regulated by the Executive Committee of the NFA in accordance with the current FIFA Regulations for the Status and Transfer of Players.

2. Players shall be registered in accordance with the regulations of the NFA.

Article 6 Laws of the Game

The NFA and each of its Members play Association Football in compliance with the Laws of the Game issued by IFAB. Only IFAB may lay down and alter the Laws of the Game.

Article 7 Conduct of bodies and Officials

The bodies and Officials of the NFA must observe the Statutes, regulations, directives, decisions and the Code of Ethics of FIFA, of CAF, of COSAFA and of the NFA in their activities.

Article 8 Official language

1 The official language of the NFA is English. Official documents and texts shall be written in this language.

II MEMBERSHIP
Article 9 Admission, suspension and expulsion

1. The Congress shall decide whether to admit, suspend or expel a Member.

2. Admission may be granted if the applicant fulfils the requirements of the NFA.

3. Membership is terminated by resignation or expulsion. Loss of membership does not relieve the Member from its financial obligations towards the NFA or other Members of the NFA, but leads to cancellation of all rights in relation to the NFA.

Article 10 Admission

1. The Members of the NFA are:
a) Namibia Premier League;
b) The two streams of the first division;
C) The thirteen Regional Football Leagues;

2. Any legal or natural person wishing to become a Member of the NFA shall apply in writing to the general secretariat of the NFA.

3. The application must be accompanied by the prescribed fee as determined from time to time by the Executive Committee, including:
a) a copy of its legally valid Constitution and regulations;
b) a declaration that it will always comply with the Statutes, regulations and decisions of FIFA, CAF, COSAFA and the NFA and ensure that these are also respected by its own Members, Clubs, Officials and Players;
c) a declaration that it will comply with the Laws of the Game in force;
d) a declaration that it recognises the Judicial Bodies of the NFA and the Court of Arbitration for Sport (CAS) in Lausanne, as specified in these Statutes;
e) a declaration that it is located and registered in the territory of Namibia;
f) a declaration that it will play all official home matches in the territory of Namibia;
g) a declaration to the effect that the legal composition of the applicant guarantees that it can make decisions independently of any external entity;
h) a list of Officials, specifying those who are authorised signatories with the right to enter into legally binding agreements with third parties;
i) a declaration that it undertakes to organise or participate in friendly matches only with the prior consent of the NFA;
j) a copy of the minutes of its last congress, Annual General Meeting or constitutional meeting.
4. The Executive Committee may grant provisional membership, subject to ratification by the Congress.

5. This article shall not affect the status of existing Members.

Article 11 Request and procedure for application

1. The procedure for admission shall be regulated by special regulations approved by the Executive Committee of the NFA.

2. The Executive Committee shall request the Congress either to admit or not to admit an applicant. The applicant may state the reasons for its application to the Congress.

3. The new Member shall acquire membership rights and duties as soon as it has been admitted. Its delegates are eligible to vote and be elected with immediate effect.

Article 12 Members’ rights

1 The Members of the NFA have the following rights:
a) to take part in the Congress of the NFA, to know its agenda in advance, to be called to the Congress within the prescribed time and to exercise their voting rights;
b) to draw up proposals for inclusion in the agenda of the Congress;
c) to nominate candidates for all bodies of the NFA to be elected;
d) to be informed of the affairs of the NFA through its official bodies;
e) to take part in competitions, if applicable, and/or other sports activities organised by the NFA;
f) to exercise all other rights arising from the Statutes and regulations of the NFA.

2. The exercise of these rights is subject to other provisions in these Statutes and the applicable regulations.

Article 13 Members’ obligations

1. The Members of the NFA have the following obligations:
a) to comply fully with the Statutes, regulations, directives and decisions of FIFA, CAF, COSAFA and the NFA at all times and to ensure that these are also respected by its members;
b) to ensure the election of its decision-making bodies;
c) to take part in competitions, if applicable and other sports activities organised by the NFA;
d) to pay their membership subscriptions;
e) to respect the Laws of the Game as laid down by IFAB and to ensure that these are also respected by its members through a statutory provision;
f) to adopt a statutory clause specifying that any dispute requiring arbitration involving itself or one of its members and relating to the Statutes, regulations, directives and decisions of FIFA, CAF, COSAFA and the NFA or the League(s) shall come solely under the jurisdiction of the appropriate Arbitration Tribunal of FIFA, CAF, COSAFA or the NFA and that any recourse to Ordinary Courts is prohibited;
g) to communicate to the NFA any amendment of its statutes and regulations as well as the list of its Officials or persons who are authorised signatories with the right to enter into legally binding agreements with third parties;
h) not to maintain any relations of a sporting nature with entities that are not recognised or with Members that have been suspended or expelled;
i) to observe the principles of loyalty, integrity and good sporting behaviour as an expression of fair play through a statutory provision;
j) to observe the mandatory items specified under article 10 paragraph 3 for the duration of their affiliation;
k) to administer a register of members which shall regularly be updated and to ensure that its members also administer a register of their members which shall be regularly be updated;
l) to comply fully with all other duties arising from the Statutes and other regulations of FIFA, CAF, COSAFA and the NFA.

2. Violation of the above-mentioned obligations by any Member may lead to sanctions provided for in these Statutes.

Article 14 Suspension

1. The Congress is responsible for suspending a Member or a Member of a Member. The Executive Committee may, however, suspend a Member or a Member of a Member that seriously and repeatedly violates its obligations as a Member with immediate effect. The suspension shall last until the next Congress, unless the Executive Committee has lifted it in the meantime.

2. A suspension shall be confirmed at the next Congress by a two-thirds majority of the votes taken. If it is not confirmed, the suspension is automatically lifted.

3. A suspended Member or a Member of a Member shall lose its membership rights. Other Members may not entertain sporting contact with a suspended Member or a Member of a Member. The Disciplinary Committee may impose further sanctions.

4. Members that do not participate in the sports activities of the NFA for two consecutive years shall be suspended from voting at the Congress and their representatives shall not be elected or appointed until they have fulfilled their obligations in this respect.

Article 15 Expulsion

1. The Congress may expel a Member or a Member of a Member if:
a) it fails to fulfil its financial obligations towards the NFA;
b) it seriously violates the Statutes, regulations, directives or decisions of NFA, COSAFA,CAF and FIFA as the case may be;
c) it does anything which seriously brings the game into disrepute or prejudices the contractual obligations of NFA.
2. The presence of an absolute majority (50% + 1) of Members entitled to vote at the Congress is necessary for an expulsion to be valid, and the motion for expulsion must be adopted by a three-quarter majority of the valid votes cast.

Article 16 Resignation

1. A Member may resign from the NFA with effect from the end of a soccer season. Notice of resignation must reach the general secretariat no later than six months prior to the end of any football season.

2. The resignation is not valid until the Member wishing to resign has fulfilled its financial obligations towards the NFA and the other Members of the NFA.

Article 17 Status of Clubs, Leagues, Regional Associations
and other groups of Clubs

1. Clubs, Leagues, Regional Associations or any other groups of Clubs affiliated to the NFA shall be subordinate to and recognised by the NFA. These Statutes define the scope of authority and the rights and duties of these Clubs and groups. The Executive Committee of the NFA must approve their statutes and regulations. Such approval shall not unreasonably be withheld.

2. The affiliated Clubs and groups of the NFA shall take all decisions on any matters regarding their membership independently of any external body. This obligation applies regardless of their corporate structure.

3. In any case, no natural or legal person (including holding companies and subsidiaries) shall exercise control over more than one Club or group whenever the integrity of any match or competition could be jeopardised.

III HONORARY PRESIDENT AND HONORARY MEMBER
Article 18 Honorary President and Honorary Member

1. The Congress may bestow the title of honorary president or honorary member upon any persons for meritorious service to football.

2. The Executive Committee shall make these nominations.

3. The honorary president or honorary member may take part in the Congress. They may join the debates but are not entitled to vote.

IV ORGANISATION
Article 19 Bodies (of the Association)

1. The Congress is the supreme and legislative body.

2. The Executive Committee is the executive body.

3. Standing and ad-hoc committees shall advise and assist the Executive Committee in fulfilling its duties. Their duties, composition and function may be defined in these Statutes and/or special regulations drawn up by the Executive Committee. In the absence of such regulations the like regulations passed by FIFA shall apply mutadis mutadis.

4. The general secretariat is the administrative body.

5. The judicial bodies are the Disciplinary Committee and the Appeal Committee.

6. The bodies of the NFA shall be either elected or appointed by the NFA itself without any external influence and in accordance with the procedures described in these Statutes.

A. CONGRESS
Article 20 Definition and composition of the Congress

1. The Congress is the meeting at which all of the Members of the NFA regularly convene. It represents the supreme and legislative authority of the NFA. Only a Congress that is properly convened has the authority to make decisions.

2. A Congress may be an Ordinary or Extraordinary Congress.

3. The President shall conduct the Congress business in compliance with the standing orders of the Congress.

4. The Congress may appoint observers who take part in the Congress without the right to debate or to vote.

5. The honorary presidents or honorary members may take part in the Congress. They may join the debates but are not entitled to vote.

Article 21 Delegates and votes

1. The Congress is composed of 2 delegates per Member.

2. Delegates must belong to the Member that they represent and be appointed or elected by the appropriate body of that Member. The delegation must have a clearly identified Head of Delegation who will also have the power to vote on behalf of the Member. They must also be able to produce evidence of this upon request.

3. Each Member has an equal number of votes in the Congress. Only the delegates present are entitled to vote. Voting by proxy or by letter is not permitted.

4. The Executive Committee and the General Secretary shall take part in the Congress without voting rights. During their terms of office, members of the Executive Committee may not be appointed as delegates for any of the Members.

Article 22 Areas of authority

The Congress has the following authority:
a) adopting or amending the Statutes, regulations governing the application of the Statutes and the standing orders of the Congress;
b) appointing three (3) Members to check the minutes and approving the minutes of the last meeting;
c) electing the President and the vice-president and members of the Executive Committee;
d) appointing the scrutineers;
e) approving the financial statements;
f) approving the budget;
g) approving the President’s activity report;
h) appointing the independent auditors upon the proposal of the Executive Committee;
i) fixing the membership subscriptions;
j) deciding, upon the nomination of the Executive Committee, whether to bestow the title of honorary president or honorary member;
k) admitting, suspending or expelling a Member;
l) revoking the mandate of one or a number of members of a body of the NFA;
m) dissolving the NFA;
n) passing decisions at the request of a Member in accordance with these Statutes;

Article 23 Quorum of the Congress

1. Decisions passed by the Congress shall only be valid if the absolute majority (50% +1) of the Members who are entitled to vote are present.

2. If a quorum is not achieved, a second Congress shall take place within 24 hours, or another period defined by the Executive Committee after the first, with the same agenda.

3. A quorum is not required for the second meeting unless any item on the agenda proposes the amendment of the Statutes of the NFA, the election of the President and election of the vice-president and members of the Executive Committee, the dismissal of one or a number of members of a body of the NFA, the expulsion of a Member of the NFA or the dissolution of the NFA

Article 24 Decisions of the Congress

1 Unless otherwise stipulated in the Statutes, a simple majority of the Members entitled to vote is sufficient for a vote to be valid. The number of valid votes counted shall decide the majority. Spoiled or blank voting slips or any other forms of abstentions are disregarded in calculating the majority.

2 A decision that requires a vote shall be reached by a show of hands or by means of an electronic count. If a show of hands does not result in a clear majority in favour of a motion, the vote shall be taken by calling the roll in alphabetical order.

Article 25 Elections

1 Elections shall be conducted by secret ballot.

2 For a person to be elected, an absolute majority (50% + 1) of the votes recorded and valid is necessary in the first ballot. In the second and any other requisite ballot, a simple majority of the votes recorded is sufficient.

3 If there are more than two candidates for one available position, the candidate that obtains the lowest number of votes is eliminated as from the second ballot until only two candidates are left.

Article 26 Ordinary Congress

1 The Ordinary Congress shall be held every year.

2 The Executive Committee shall fix the place and date. The Members shall be notified in writing at least 30 calendar days in advance.

3 The formal convocation shall be made in writing at least 15 days before the date of the Congress. This convocation shall contain the agenda, the President’s activity report, the financial statements and the auditors’ report and any other relevant documents.

4. Objection against non-compliance with the time limits may be expressed in writing at least five working days prior to the meeting, failing which it shall be deemed that non-compliance has been condoned.

Article 27 Ordinary Congress agenda

1 The General Secretary shall draw up the agenda based on proposals from the Executive Committee and the Members. Any proposal that a Member wishes to submit to the Congress shall be sent to the general secretariat in writing, with a brief explanation, at least 20 days before the date of the Congress.

2 The Congress agenda shall include the following mandatory items:
a) a declaration that the Congress has been convened and composed in compliance with the Statutes of the NFA;
b) approval of the agenda;
c) an address by the President;
d) appointment of Members to check the minutes;
e) appointment of scrutineers;
f) suspension or expulsion of Members (if applicable);
g) approval of the minutes of the preceding Congress;
h) President’s activity report (containing the activities since the last Congress);
i) presentation of the consolidated and revised balance sheet and the profit and loss statement;
j) approval of the financial statements;
k) approval of the budget;
l) admission for membership (if applicable);
m) votes on proposals for amendments to the Statutes, the regulations governing the application of the Statutes and the standing orders of the Congress (if applicable);
n) discussion of proposals submitted by the Members and the Executive Committee;
o) appointment of independent auditors (if applicable) upon the proposal of the Executive Committee;
p) dismissal of a person or a body (if applicable);
q) election of the President, vice-presidents and members of the Executive Committee (if applicable);
r) any further items proposed by the Members or the Executive Committee of the NFA.

3 The agenda of an Ordinary Congress may be altered, provided two-thirds of the Members present at the Congress and eligible to vote agree to such a motion.

4 The Congress shall not make a decision on any point not included in the agenda.

Article 28 Extraordinary Congress

1 The Executive Committee may convene an Extraordinary Congress at any time.

2 The Executive Committee shall convene an Extraordinary Congress if half of the Members of the NFA make such a request in writing. The request shall specify the items for the agenda. An Extraordinary Congress shall be held within three months of receipt of the request. If the Executive Committee fails to convene an Extraordinary Congress within the prescribed period, the Members who requested it may request assistance from FIFA.

3 The Members shall be notified of the place, date and agenda at least 14 days before the date of an Extraordinary Congress.

4 When an Extraordinary Congress is convened on the initiative of the Executive Committee, it must draw up the agenda. When an Extraordinary Congress is convened upon the request of Members, the agenda must contain the points raised by those Members.

5 The agenda of an Extraordinary Congress may not be altered.

Article 29 Amendments to the Statutes, regulations governing the application of the Statutes and the standing orders of the Congress

1 The Congress is responsible for amending the Statutes and the standing orders of the Congress.

2 Any proposals for an amendment to the Statutes must be submitted in writing with a brief explanation to the general secretariat by a Member or by the Executive Committee. A proposal submitted by a Member is valid, provided it has been supported in writing by at least two other Members.

3 For a vote on an amendment to the Statutes to be valid, an absolute majority (50% +1) of the Members eligible to vote must be present.

4 A proposal for an amendment to the Statutes shall be adopted only if three-quarters of the Members present and eligible to vote agree to it.

5 Any proposal to amend the regulations governing the application of the Statutes and the standing orders of the Congress must be submitted in writing with a brief explanation to the general secretariat by a Member or by the Executive Committee.

6 A proposal for an amendment to the regulations governing the application of the Statutes and the standing orders of the Congress shall be adopted only if a simple majority of the Members present and eligible to vote agree to it.

Article 30 Minutes

The General Secretary shall be responsible for recording the minutes at the Congress. The minutes shall be checked by those Members designated and finally approved at the next Congress.

Article 31 Effective dates of decisions

Decisions passed by the Congress shall come into effect immediately after the close of the Congress, unless the Congress fixes another date for a decision to take effect.

B. EXECUTIVE COMMITTEE
Article 32 Composition

1 The Executive Committee consists of not more than nine (9) members:
• 1 President
• 1 Vice-president
• 7 Members

2 The President, the vice-president and the members of the Executive Committee shall be elected by the Congress. Every candidate in the election of Executive Committee members must be proposed by at least one Member and seconded by one other Member.

3 The mandate of the President, vice-president and members of the Executive Committee is for four years. They may be re-elected for one consecutive term.

4 The members of the Executive Committee shall be no older than 60 (sixty) years and no younger than 25 (twenty-five) years. They shall have already been active in football, must not have been previously found guilty of a criminal offence and have residency within the territory of the NFA.

5 Candidatures must be sent to the general secretariat of the NFA. The official list of candidates must be passed to the Members of the NFA along with the agenda for the Congress at which the Executive Committee will be elected.

6 A member of the Executive Committee may not at the same time be a member of a judicial body of the NFA.

7 If a position should become vacant, the Executive Committee shall fill that position until the next Ordinary Congress, when a replacement will be elected for the remaining term of mandate. If the vacancy occurs within three months prior to the next Ordinary Congress, the Executive Committee may elect not to fill the vacancy.

Article 33 Meetings

1 The Executive Committee shall meet at least four times a calendar year.

2 The President shall convene the Executive Committee meetings. If 50% of the Executive Committee members request a meeting, the President shall convene it within 21 days.

3 The President shall compile the agenda. Each member of the Executive Committee is entitled to propose items for inclusion in the agenda. The members of the Executive Committee must submit the points they wish to be included in the agenda for the meeting to the general secretariat at least 14 days before the meeting. The agenda must be sent out to the members of the Executive Committee at least seven days before the meeting.

4 The General Secretary shall take part in the meetings of the Executive Committee in a consultative role.

5 The meetings of the Executive Committee shall not be held in public. The Executive Committee may, however, invite third parties to attend. Those third parties shall not have voting rights, and may only express an opinion with the permission of the Executive Committee.

Article 34 Powers of the Executive Committee

The Executive Committee:
a) shall pass decisions on all cases that do not come within the sphere of responsibility of the Congress or are not reserved for other bodies by law or under these Statutes or the regulations made thereunder;
b) shall prepare and convene the Ordinary and Extraordinary Congress of the NFA;
c) shall appoint the chairperson, deputy chairperson and members of the standing committees;
d) shall appoint the chairperson, deputy chairperson and members of the judicial bodies;
e) may decide to set up ad-hoc committees if necessary at any time;
f) shall compile the regulations for the organisation of standing committees and ad-hoc committees;
g) shall appoint or dismiss the General Secretary. The General Secretary shall attend the meetings of all the committees ex officio;
h) shall propose the independent auditors to the Congress;
i) shall decide the place and dates of and the number of teams participating in the competitions of the NFA;
j) shall appoint the coaches for the representative teams and other technical staff;
k) shall approve regulations stipulating how the NFA shall be organised internally;
l) shall ensure that the Statutes are applied and adopt the executive arrangements required for their application;
m) may dismiss a person or body or suspend a Member of the NFA provisionally until the next Congress;
n) may delegate tasks arising out of its area of authority to other bodies of the NFA or third parties;

Article 35 Decisions

1 The Executive Committee shall not engage in valid debate unless 50% plus one (1) of its members are present.

2 The Executive Committee shall reach decisions by a simple majority of the members present. In the event of a tied vote, the President shall have the casting vote. Voting by proxy or by letter is not permitted.

3 Any member of the Executive Committee must withdraw from the debate and from taking a decision if there is any risk or possibility of a conflict of interests.

4 The decisions taken shall be recorded in the minutes.

5 The decisions taken by the Executive Committee shall come into effect immediately, unless the Executive Committee decides otherwise.

Article 36 Dismissal of a person or body

1. The Congress may dismiss a person or body. The Executive Committee may place the dismissal of a person or body on the agenda for the Congress. The Executive Committee may also dismiss a person or body provisionally. Any Executive Committee member may submit a proposal to place such a motion for dismissal on the agenda of the Executive Committee or Congress.

2 The motion for dismissal must be justified. It will be sent to the Members of the NFA along with the agenda.

3 The person or body in question has the right to speak in his or its own defence.

4 If the motion for dismissal is upheld, the Congress or Executive Committee shall reach a decision by means of secret ballot. For the motion to be passed, a majority of two-thirds of the valid votes is required.

5 The person or body dismissed (provisionally) must be relieved of his or its functions with immediate effect.

C. PRESIDENT
Article 37 President

1 The President represents the NFA legally.

2 He is primarily responsible for:
a) implementing the decisions passed by the Congress and the Executive Committee through the general secretariat;
b) ensuring the effective functioning of the bodies of NFA in order that they achieve the objectives described in these Statutes;
c) supervising the work of the general secretariat;
d) relations between the NFA and its Members, FIFA, CAF, COSAFA, statutory bodies, political bodies and other organisations.

3 Only the President may propose the appointment or dismissal of the General Secretary.

4 The President shall preside over the Congress, the Executive Committee and Emergency Committee meetings and those committees of which he has been appointed chairman.

5 The President shall have an ordinary vote on the Executive Committee and, whenever votes are equal, shall have a casting vote.

6 If the President is absent or unavailable, the vice-president shall deputise.

7 Any additional powers of the President shall be contained in the internal organisation regulations of the NFA.

Article 38 Candidates for the office of the President

1 The President shall be elected by the Congress for a period of four years. His mandate shall commence after the end of the Congress, which has elected him. A President may be re-elected.

2 For the election of the President, two-thirds of the votes recorded and valid are necessary in the first ballot. In the second and any other requisite ballot, an absolute majority of the votes recorded (50% + 1) is sufficient. If there are more than two candidates, the candidate that obtains the lowest number of votes is eliminated as from the second ballot until only two candidates are left.

3 Only Members of the NFA may propose candidates for the office of President. Members shall notify the general secretariat in writing of the name of a candidate for the presidency of the NFA at least two months before the date of the Congress.

4 The general secretariat shall notify the Members of the names of the proposed candidates at least one month before the date of the Congress.

5 If the President resigns, or is permanently or temporarily prevented from performing his official function, the vice-president shall represent him until the next Congress. This Congress shall elect a new President, if necessary.

Article 39 Representation and signature

The President represents the NFA legally and is entitled to sign for the NFA. The Executive Committee may set up internal organisation regulations regarding the joint signature of officers, in particular, in case of the President’s absence and concerning all important business of the NFA.

D. EMERGENCY COMMITTEE
Article 40 Emergency Committee

1 The Emergency Committee shall deal with all matters requiring immediate settlement between two meetings of the Executive Committee. The Committee shall consist of the President of the NFA, Vice-President and one other member appointed by the Executive Committee.

2 The President shall convene the Emergency Committee meetings. If a meeting cannot be convened within an appropriate period of time, decisions may be passed through other means of communication. Such decisions shall have immediate legal effect. The President shall notify the Executive Committee immediately of the decisions passed by the Emergency Committee.

3 All decisions taken by the Emergency Committee shall be ratified by the Executive Committee at its next meeting.

4 If the President is unable to attend a meeting, the Vice-president shall deputise.

E. STANDING COMMITTEES
Article 41 Standing Committees

1 The standing committees of the NFA are:
a) Finance Committee;
b) Internal Audit Committee;
c) Organising Committee for NFA competitions;
d) Technical and Development Committee;
e) Referees’ Committee;
f) Legal Committee;
g) Women’s Football Committee;
h) Youth Football Committee;
i) Sports Medical Committee;

2 The chairperson and deputy chairperson of the standing committees shall not be members of the Executive Committee. The members of each standing committee shall be appointed by the Executive Committee on the proposal of the President of the NFA. The chairperson, deputy chairperson and the members of the standing committees shall be designated for a term of office of four years.

3 Each chairperson shall represent his committee and conduct business in compliance with the relevant directives drawn up by the Executive Committee.

4 Each chairperson shall fix the dates of meetings in collaboration with the General Secretary, ensure that all tasks are carried out and report back to the Executive Committee.

5 Each committee may propose amendments to its terms of reference to the
Executive Committee.

Article 42 Finance Committee

The Finance Committee shall monitor the financial management and advise the Executive Committee on financial matters and asset management. It shall analyse the budget of the NFA and the financial statements prepared by the General Secretary and submit them to the Executive Committee for approval. It shall consist of a chairperson, who must have tertiary financial qualification and relevant experience in the finance area, a deputy chairperson and two members.

Article 43 Internal Audit Committee

The Internal Audit Committee shall ensure the completeness and reliability of the financial accounting and review the external auditors’ report at the request of the Executive Committee. It shall consist of a chairperson, a deputy chairperson and two members.

Article 44 Organising Committee for the NFA competitions

The Organising Committee for the NFA competitions shall organise the competitions of the NFA in compliance with the provisions of these Statutes and the regulations applicable to the NFA competitions. It shall consist of a chairperson, a deputy chairperson and two members.

Article 45 Technical and Development Committee

The Technical and Development Committee shall primarily analyse the basic aspects of football training and technical development. It shall consist of a chairperson, a deputy chairperson and two members.

Article 46 Referees’ Committee

The Referees’ Committee shall implement the Laws of the Game. It shall appoint the referees for matches in competitions organised by the NFA, organise refereeing matters within the NFA in collaboration with the administration of the NFA and monitor the education and training of referees. It shall consist of a chairperson, a deputy chairperson and two members.

Article 47 Legal Committee

The Legal Committee shall analyse basic legal issues relating to football and the evolution of the Statutes and regulations of the NFA and its Members. It shall consist of a chairperson, a deputy chairperson and two members.

Article 48 Women’s Football Committee

The Committee for Women’s Football shall organise women’s football competitions and deal with all matters relating to women’s football. It shall consist of a chairperson, a deputy chairperson and two members.

Article 49 Youth Football Committee

The Committee for Youth Football shall organise youth football competitions and deal with all matters relating to youth football. It shall consist of a chairperson, a deputy chairperson and two members.

Article 50 Sports Medical Committee

The Sports Medical Committee shall deal with all medical aspects of football. It shall consist of a chairperson, a deputy chairperson and two members.

Article 51 Ad-hoc committees

The Executive Committee may, if necessary, create ad-hoc committees for special duties and a limited period of time. The Executive Committee shall appoint a chairman, a deputy chairman and the members. The duties and functions are defined in special regulations drawn up by the Executive Committee. An ad-hoc committee shall report directly to the Executive Committee.
F. GENERAL SECRETARIAT

Article 52 General secretariat

The general secretariat shall carry out all the administrative work of the NFA under the direction of the General Secretary. The members of the general secretariat are bound by the internal organisational regulations of the NFA and shall fulfil the given tasks in the best manner.

Article 53 General Secretary

1 The General Secretary is the chief executive of the general secretariat.

2 He shall be appointed on the basis of an agreement governed by private law and shall have the necessary professional qualifications.

3 He shall be responsible for:
a) implementing decisions passed by the Congress and Executive Committee in compliance with the President’s directives;
b) attending the Congress and meetings of the Executive Committee, Emergency Committee and the standing and ad-hoc committees;
c) organising the Congress and meetings of the Executive Committee and other bodies;
d) compiling the minutes for the meetings of the Congress, Executive Committee, Emergency Committee and standing and ad-hoc committees;
e) managing and keeping the accounts of the NFA properly;
f) the correspondence of the NFA;
g) relations with the Members, committees, FIFA, CAF and COSAFA;
h) organising the general secretariat;
e) the appointment and dismissal of staff working in the general secretariat, subject to the approval of the Executive Committee
f) proposing managerial staff to the President;
g) co-signing with the President, documents of the NFA.

4 The General Secretary may not be a Congress delegate or a member of any body of the NFA.

G. JUDICIAL BODIES
Article 54 Judicial bodies

1 The judicial bodies of the NFA are:
a) the Disciplinary Committee;
b) the Appeal Committee.

2 The responsibilities and functions of these bodies shall be stipulated in the Disciplinary Code of the NFA, which shall comply with the FIFA Disciplinary Code. To the extend that there is any conflict between the NFA Disciplinary Code and the FIFA Disciplinary Code, the later shall prevail.

3 The decision-making powers of other committees remain unaffected.

4 The members of the judicial bodies may not belong to any other body of the NFA at the same time.

Article 55 Disciplinary Committee

1 The Disciplinary Committee shall consist of a chairman, deputy chairman and the number of members deemed necessary. The chairman and the deputy chairman shall have legal qualifications.

2 The function of this body shall be governed by the Disciplinary Code of the NFA and shall generally be responsible for all disciplinary matters that might occur within the NFA and across its membership. No member of the NFA is authorised to have a separate Disciplinary Committee or equivalent body. The committee shall pass decisions only when at least three members are present. In certain cases, the chairman may rule alone in accordance with the Disciplinary Code of the NFA.

3 The committee may pronounce the sanctions described in these Statutes and the Disciplinary Code of the NFA on Members, Officials, Players, Clubs and match and players’ agents.

4 These provisions are subject to the disciplinary powers of the Congress and the Executive Committee with regard to the suspension and expulsion of Members.

Article 56 Appeal Committee

1 The Appeal Committee shall consist of a chairman, deputy chairman and the number of members deemed necessary. The chairman and deputy chairman shall have legal qualifications.

2 The function of this body shall be governed by the Disciplinary Code of the NFA. The committee shall pass decisions only when at least three members are present. In certain cases, the chairman may rule alone in accordance with the Disciplinary Code of the NFA.

3 The Appeal Committee is responsible for hearing appeals against decisions from the Disciplinary Committee that are not declared final.

Article 57 Disciplinary measures

The disciplinary measures are primarily:
1 for natural and legal persons:
a) a warning;
b) a reprimand;
c) a fine;
d) the return of awards.

2 for natural persons:
a) a caution;
b) an expulsion;
c) a match suspension;
d) a ban from the dressing rooms and/or the substitutes’ bench;
e) a ban from entering a stadium;
f) a ban on taking part in any football-related activity.

3 for legal persons:
a) a transfer ban;
b) playing a match without spectators;
c) playing a match on neutral territory;
d) a ban on playing in a particular stadium;
e) annulment of the result of the match;
f) expulsion;
g) a forfeit;
h) deduction of points;
i) relegation to a lower division.

Article 58 Arbitration
1. The NFA shall create an ad-hoc Arbitration Tribunal, which shall deal with all internal national disputes, other than any matter on which the Disciplinary Committee or Appeals Committee has pronounced itself, between the NFA, its Members, Players, Officials and match and players’ agents that do no fall under the jurisdiction of its judicial bodies.

2. The Executive Committee shall draw up special regulations regarding the composition, jurisdiction and procedural rules of this Arbitration Tribunal.

Article 59 Jurisdiction

1 The NFA, its Members, Players, Officials and match and player’s agents will not take any dispute to Ordinary Courts unless specifically provided for in these Statutes and FIFA regulations. Any disagreement shall be submitted to the jurisdiction of FIFA, CAF, COSAFA or the NFA. Disputes arising from association football conducted under the auspices of FIFA are of a special character: They require speedy resolution and the ordinary courts of law are ill suited for the purpose. It is for that reason that FIFA and the NFA place resolution of such disputes outside the jurisdiction of the ordinary courts of the land. Every member, affiliate, club, official and individual who voluntarily accepts to participate in association football in Namibia under the auspices of FIFA and NFA, does so with the full knowledge, recognition and acceptance of that underlying premise and covenants to be bound by it.

2 The NFA shall have jurisdiction on all internal national disputes, i.e. disputes between parties belonging to the NFA. FIFA shall have jurisdiction on international disputes, i.e. disputes between parties belonging to different Associations and/or Confederations.

Article 60 Court of Arbitration for Sport

1 In accordance with Articles 59 and 60 of the FIFA Statutes, any appeal against a final and binding NFA decision shall be heard by the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. CAS shall not, however, hear appeals on violations of the Laws of the Game, suspensions of up to four matches or up to three months, or decisions passed by an independent and duly constituted Arbitration Tribunal of NFA.

2 The NFA shall ensure its full compliance and that of its Members, Players, Officials and match and players’ agents with any final decision passed by a FIFA body or CAS.

V FINANCE
Article 61 Financial period

1 The financial period of the NFA shall be one year and shall begin on 01 April and end on 31 March of the following year.
2 The revenue and expenses of the NFA shall be managed so that they balance out over the financial period.

3 The General Secretary is responsible for drawing up the annual consolidated accounts of the NFA with its subsidiaries as at 31 March.

Article 62 Revenue

The revenue of the NFA arises specifically from:
a) Members’ annual subscriptions;
b) receipts generated by the marketing of rights to which the NFA is entitled;
c) fines imposed by the authorised bodies;
d) other subscriptions and receipts in keeping with the objectives pursued by the NFA;
e) sponsorships.

Article 63 Expenses

The NFA bears:
a) the expenses stipulated in the budget;
b) other expenses approved by the Congress and expenses that the Executive Committee is entitled to incur within the scope of its authority;
c) all other expenses in keeping with the objectives pursued by the NFA.

Article 64 Independent auditors

The independent auditors appointed by the Congress shall audit the accounts approved by the Finance Committee in accordance with the appropriate principles of accounting and prepare for presentation by the Executive a report to the Congress. The auditors shall be appointed for a period of one financial year. This mandate may be renewed.

Article 65 Membership subscriptions

1 Membership subscriptions are due on 31 April of every year. The annual subscription for new Members for the year in question shall be paid within 30 days of the close of the Congress at which they are admitted.

2 The Congress shall fix the amount of the annual subscription every two years on the recommendation of the Executive Committee. It shall be the same for every Member and amount to no more than N$10,000.00.

Article 66 Settlement

The NFA may debit any Member’s assets to settle claims.

Article 67 Levies

The NFA may demand that a levy be paid by its Members for matches.

VI COMPETITIONS AND RIGHTS IN COMPETITIONS AND EVENTS
Article 68 Competitions

1 The NFA organises and coordinates the following official competitions held within its territory:

a) NFA Cup
b) Youth Cup;
c) Sponsored cups; and
d) Such other competitions as the NFA Executive Committee may decide from time to time.

2 The Executive Committee may delegate to the NFA’s subordinate Leagues the authority to organise competitions. The competitions organised by the Leagues shall not interfere with those competitions organised by the NFA. Competitions organised by the NFA shall take priority.

3 The Executive Committee may issue special regulations to this end.

Article 69 Club licensing

The Executive Committee of the NFA will set up regulations regarding a club licensing system governing the participation of Clubs in competitions of the NFA .

Article 70 Rights

1 The NFA and its Members are the original owners of all of the rights emanating from competitions and other events coming under their respective jurisdiction, without any restrictions as to content, time, place and law. These rights include, among others, every kind of financial rights, audiovisual and radio recording, reproduction and broadcasting rights, multimedia rights, marketing and promotional rights and incorporeal rights such as emblems and rights arising under copyright law.

2 The Executive Committee shall decide how and to what extent these rights are utilised and draw up special regulations to this end. The Executive Committee shall alone decide whether these rights shall be utilised exclusively, or jointly with a third party or entirely through a third party.

Article 71 Authorisation

The NFA and its Members are exclusively responsible for authorising the distribution of image and sound and other data carriers of football matches and events coming under their respective jurisdiction, without any restrictions as to content, time, place and technical and legal aspects.

VII INTERNATIONAL MATCHES AND COMPETITIONS
Article 72 International matches and competitions

1 The authority for organising international matches and competitions between national teams and between Leagues and/or Club teams lies solely with NFA. No match or competition shall take place without the prior permission of the NFA Executive Committee. In addition, permission from the relevant Member may be required in accordance with the NFA regulations.

2 The NFA is bound to comply with the international match calendar compiled by FIFA.

VIII FINAL PROVISIONS
Article 73 Contacts

Matches may not be played or sporting contacts made between members and teams that are not Members of NFA or provisional members of the Members of NFA, or their clubs, without the approval of NFA.

Article 74 Approval

Clubs, Leagues or any other groups of Clubs that are affiliated to the NFA cannot belong to another Association or participate in competitions on the territory of another Association or within Namibia without the authorisation of the NFA and the other Association and of FIFA, except in exceptional circumstances.

Article 75 Unforeseen contingencies and force majeure

The Executive Committee shall have the final decision on any matters not provided for in the Statutes or in cases of force majeure.

Article 76 Dissolution

1 Any decision relating to the dissolution of the NFA requires a majority of three-fourths of all of the Members of the NFA, which must be obtained at a Congress specially convened for the purpose.

2 If the NFA is disbanded, its assets shall be transferred to the Namibia Sports Commission. It shall hold these assets in trust as “bonus pater familiae” until the NFA is re-established. The final Congress may, however, choose another recipient for the assets on the basis of a two-thirds majority.

Article 77 Dissolution

The existing rules made under the NFA Constitution repealed hereby shall remain in force as if it were made under these Statutes until explicitly repealed through an act of the Executive Committee.

Article 78 Repeal
These Statutes repeal the NFA Statutes, and NFA Constitution adopted on 05th December 1998 and 19th November 2005, at Windhoek.

Article 79 Enforcement

These Statutes were adopted at the 17th Ordinary Congress of the NFA held in Swakopmund on the 17th November 2007 and comes into force on 17th November 2007.

FOR THE NFA EXECUTIVE COMMITTEE

-----------------------                                                      ----------------------------
John Muinjo                                                      Barry Rukoro
President                                                                    Acting Secretary General