NOOITGEDACHT HORSE BREEDERS’ SOCIETY
Constitution
Changes approved by the AGM of 2017
CONTENT
| CLAUSES OF THE CONSTITUTION 1. Name of the Society………………………………………………………………………………………………………………………… 2. Definitions….………………………………………………………………………………………………………………………………… 3. Goals ………………………………………………………………………………………………………………………………………… 4. Authority of the Society…………………………………………………………………………………………………………………….. 5. Membership………………………………………………………………………………………………………………………………….. 6. Membership fees and other fees ……………………………………………………………………………………………………. 7. Resigning and suspension of members ……………………………………………………………………………………………… 8. The management of members ……………………………………………………………………………………………………….. 9. The Council ………………………………………………………………………………………………………………………………. 10. Authority and obligations of the Council …………………………………………………………………………………………….. 11. The Executive Committee ……………………………………………………………………………………………………………….. 12. Meetings……………………………………………………………………………………………………………………………………….. 13. Quorum…………………………………………………………………………………………………………………………………………. 14. Financial stipulations …………………………………………………………………………………………………………………….. 15. Clubs…………………………………………………………………………………………………………………………………………… 16. Disbanding of the Society ………………………………………………………………………………………………………………… 17. South African Stud Book and Animal Improvement Association ……………………………………………………………….. 18. Constitution amendments……………………………………………………………………………………………………………….. 19. Recall of previous Constitutions and General Regulations……….…………………………………………………………………… 20. Office of the Society ………………………………………………………………………………………………………………………… 21. Indemnity ……………………………………………………………………………………………………………………………………. 22. Authentic reading of the Constitution …………………………………………………………………………………………………… 23. Name and coming into effect of the Constitution ……………………………………………………………………………………… GENERAL REGULATIONS 1. Registration ………………………………………………………………………………………………………………………………. 2. Identification ……………………………………………………………………………………………………………………………… 3. Studbook ………………………………………………………………………………………………………………………………….. 4. Transfer of previously recorded and registered horses ………………………………………………………………………………… 5. Breeding- and insemination certificates ……………………………………………………………………………………………… 6. Changes or additions to certificates …………………………………………………………………………………………………….. 7. Duplicate certificate ……………………………………………………………………………………………………………………… 8. Certificate in extended studbook ……………………………………………………………………………………………………….. 9. Exportation of horses and genetic material …………………………………………………….………………………………………….. 10. Change of ownership ……………………………………………………………………….………………………………………… 11. Rules regarding the implementation of artificial insemination …………..………………………………………………………….. 12. Rules regarding embryo transplanting ………………………………………………………………………………………………. 13. Joint ownership of stallions and mares…………………..……………………………………………………………………………… 14. Pregnancy periods ………………………………………………………………………………………………………………………. 15. Notification of births ……………………………………..…………………………………………………………………………………. 16. Confirmation of parentage ……………………………………………………………………………………………………………… 17. Assessment and duties of assessors ………………………………………………………………………………………………. 18. Transfer of power ………………………………………………………………………………………………………………………….. |
APPENDIX TO THE STIPULATIONS/CLAUSES OF THE CONSTITUTION AND THE GERNERAL REGULATIONS
Appendix to the Clauses of the Constitution and the General Regulations consists of the following:
Appendix A Society fees ………………………………………………………………………………………………………….
Appendix B Standards of Excellence (assessment forms included) ………………………………………………..
Appendix C Notice of birth form…………………………………………………………………………………………………..
Appendix D Manual for assessors for the approving of horses…………………………………………………………
NOOITGEDACHT HORSE BREEDERS SOCIETY CONSTITUTION
- NAME OF THE SOCIETY
The name of the association is:
NOOITGEDACHT HORSE BREEDERS SOCIETY.
In this Constitution all words that have a set meaning attached will be used in the same manner as in the Animal Improvement Act (Act nr. 62 of 1998) including the Regulations issued in consequence of the Act.
2. Definitions
When the following words are used in this Constitution and a conflicting meaning is not made clear within the context, it will be defined as:
(a) “recording” – the procedure of entering Nooitgedacht horses into the Basic Register;
(b) “Department” – the Department of Agriculture in the national government;
(c) “owner” – of a horse, the person
(i) under who’s name the horse is recorded in the Studbook; or
(ii) that, to the satisfaction of the Council, can deliver proof that the horse is suitable to be recorded under this name;
(d) “Society” – the Nooitgedacht Horse Breeders Society;
(e)“Integrated registration and genetic information system” (Inter[1] gis) —
the computer system that has been configured in cooperation with the Department to integrate pedigrees and performance data of animals;
(f) “Constitution” – the Constitution (with understanding of the Regulations) of the Society;
(g) “curator” – the owner or person with direct access to, or supervision of the involved horse;
(h) “Landrace” – a specific race of an animal that is endemic to or is developed in the Republic;
(i) “Minister” – the Minister that is charged with the execution of the Law;
(j) “offspring” – the direct issue of two horses;
(k) “Nooitgedacht horse” – a horse that is recorded in the Nooitgedacht Studbook;
(l) “Council” – the Council of the Nooitgedacht Horse Breeders Society;
(m) “Registrar” – the official appointed as the Registrar of Animal Improvement in consequence of the Act;
(n) “registration” – the procedure of recording Nooitgedacht horses in the Fully Registered section of the Studbook and the Help Stud Book;
(o) “Republic” – the Republic of South Africa;
(p) “Secretary” – the Secretary of the Society that attends all meetings of the Society and the representative that has the right to take part in any discussions;
(q) “Studbook” – the Studbook of the Society in which the details of registered Nooitgedacht horses are recorded;
(r) “South African bred animal” – an animal born in the Republic;
(s) “breeder’ – of a horse, the registered owner of the broodmare at the time of the birth of the foal;
(t) “Association” – the South African Studbook and Animal Improvement Association;
(u) “Meeting” – a conversation held while members are physically present, and/or through the means of electronic aids (including, but not limited to, telephone-, video and Skype conferences);[s2]
(v) “Act” – the Animal Improvement Act, 1998 (Act nr. 62 of 1998).
2.1 Other words, abbreviations and terms used in the Constitution that have not been defined above and that do have a particular meaning attached in applicable laws shall retain the same meaning as in the applicable laws involved.
2.2 Unless a conflicting meaning is evident in the context, the use of male pronouns will be used as inclusive of female pronouns and words used in the singular will be inclusive of the plural as well as the plural being inclusive of the singular.
3. GOALS
3.1 To encourage the breeding and improving of purebred/thoroughbred[3] Nooitgedacht horses in the Republic
3.2 To conserve the purity of the Nooitgedacht horse in the Republic and to promote interest in the race through any possible and available mediums.
3.3 To compile, record and preserve the pedigrees and details of purebred/thoroughbred and h[4] elp book Nooitgedacht horses for the purpose of recording in the Studbook.
3.4 To keep detailed records of Nooitgedacht sport horses and other Iberian cross–breeds.
3.5 To create and comply to a “Standard of Excellence” for the breed.
3.6 To acquire different classes of registered Nooitgedacht horses and to convince agricultural societies and others of the expediency and necessity of only appointing judges that have been recommended by the Society for the purposes of exhibition.
3.7 To promote the sale of Nooitgedacht horses that are registered or are eligible for registration.
3.8 To co-ordinate training for officials and members.
3.9 To, in as far as it is possible, host a yearly National Championship Show.
3.10 The Society –
(a) may not be involved in any profitable activities; or take part in any busines-, professional- or employment activities of any of its members, or the provision of monetary aid to any of its members or any premises or continuous services or facilities that may be needed by any of its members for the practicing of a business, profession or careers; and
(b) does not have the authority to conduct business, including every day business transactions in the course of business, speculative transactions, dividend reduction transactions, or the purchasing of properties for the purpose of leasing on a sporadic/systematic or regular basis.
4. AUTHORITY OF THE SOCIETY
4.1 Subject to the provisions of the Constitution, the Society has the right to acquire movable goods or properties through purchasing it, renting it or through other methods, to own, reserve or take possession of and to alienate, pawn, mortgage or tax such properties; to borrow money; to invest any funds of the Association, or to occasionally request or alter such investments and/or loans or generally in accordance with the Act, to execute such actions as a body with corporate authority and do what is considered necessary regarding the interests of the Association and the reaching of its goals.
4.2 To fulfill such functions and carry out duties imposed on the Society by the Act and as a result of its membership to the Association.
5. MEMBERSHIP
5.1 The following are membership categories:
(a) BREEDERS
All persons over the age of eighteen (18) year that are directly or indirectly involved in the breeding of Nooitgedacht horses in the Republic are eligible for membership of the Society of Breeders. For the purposes of this sub stipulation/subclause a company, association or corporate body that conducts business according to the conditions set out in Clause 5.4 will be regarded as a person and can be eligible for breeder’s membership of the Society. Breeder fees are payable from time to time as ratified by the General Assembly (Appendix A).
(b) LIFE-TIME MEMBERSHIP
Any member may become a life-time member with the approval of the Council by paying a certain membership fee that has been ratified by the General Assembly (Appendix A).
(c) HONORARY LIFE-TIME MEMBER
For special services rendered in the interest of the race, the General Assembly may elect a person to honorary life-time member on the condition that the Council has recommended it. Such a Life-time member will receive all the rights and privileges of membership, including the right to vote at any meeting of the Society and will also be eligible for election to the Council.
(d) SPECIAL HONORARY MEMBERSHIP
Persons who are not necessarily involved in the breeding of Nooitgedacht horses may be elected Special Honorary Members by the Council. Special Honorary Members will have no voting rights during meetings of the Society and are also not eligible to be elected for the Council.
(e) JUNIOR MEMBERS
Persons under the age of eighteen (18) may be Junior members. Such Junior members will have no voting rights during meetings and are not eligible to be elected for the Council. After payment of predetermined fees, as ratified by the General Assembly (Appendix A), Junior members may take part in any other activities of the Society.
(f) NON-BREEDER MEMBERS
Persons who own registered Nooitgedacht horses but who are not Breeders Members of Junior Members of the Society may be Non-breeder members of the Society pending an application to become a Non-breeder member and payment of fees suggested by the Council and ratified by the General Assembly (Appendix A).
Non-breeder members may participate in shows and other activities of the Society and have the same rights as Breeder members, as seen in Clause 5.3, excluding Clause 5.3.2(b) and the voting rights stipulation in Clause 5.3.2)c). Non-breeder members may be invited to gatherings and meetings of the Society.
(g) FOREIGN BREEDERS
Any person including a company, association or corporate body that is not eligible for Breeders membership and that is directly or indirectly involved with the breeding of Nooitgedacht horses outside of the Republic is eligible for registration as a Foreign Breeder of the Society after payment of fees as suggested by the Council and ratified by the General Assembly (Appendix A).
5.2 APPLICATION FOR MEMBERSHIP
5.2.1 Application for membership to the Society as Breeder member, Life-time member, Junior member or Non-breeder member must be submitted in writing to the Secretary and must be in the form prescribed by the Council. The application must be accompanied by the subscription- and/or entry fee as ratified by the General Assembly (Appendix A).
5.2.2 The executive committee may accept the application for membership of any person, whether unconditionally or based on the conditions determined by the Council, or reject any application without supplying reasons for the rejection.
5.2.3 A person that has been denied membership is entitled to the return of any fees that accompanied the application.
5.3 RIGHTS AND PRIVILEDGES OF MEMBERS
5.3.1 The rights and privileges of every member of the Society is applicable only to him and is not transferable or inheritable, whether through his own actions or by law.
5.3.2 The rights and privileges of Breeder members and Life-time members includes the following:–
(a) To receive all reports and publications that the Society circulates for dispersion amongst members;
(b) to apply for registration of Nooitgedacht horses in agreement with the rules of the Society;
(c) to attend all general and special meetings of the Society or to take part in such meetings through the use of modern communication technology and to vote at such meetings.
(d) to, if available, make use of all expert technical advise, regarding matters concerning Nooitgedacht horses, the Society’s assessors and officials. The applicant will be responsible for all expenses that may be related to these processes;
(e) to consult and use the Society’s official reports;
and
(f) To be elected to the Council of the Society.
5.3.3 The rights and privileges of Breeder members are also applicable to other members of the Society with exception of Clause 5.3.2(b) and voting rights at meetings as seen in Clause 5.3.2(c).
5.4 COMPANY, ASSOCIATION OR CORPORATE BODY
5.4.1 A company, association or corporate body that applies for Breeder membership must supply the Society with such facts and information necessary to determine the nature of the controlled share thereof and must then, or at any time thereafter, in addition to information required of all applicants, inform the Society of the name and address of the person appointed to act as its representative at meetings of the Society; on the additional condition that such a person will have the right to appoint a replacement in writing. Such a written appointment must be brought to the attention of the Secretary no later than the commencement of the meeting at which such a replacement must vote.
5.4.2 All articles directed to the authorized representative, as set out in Clause 5.4.1, are viewed as having been recognized by the company, association or corporate body system, and at all meetings where such a fully authorized representative, on behalf of the company, association of corporate body will be considered properly present.
5.4.3 The person that has been appointed in this manner to be the representative of such a company, association or corporate body may be elected to the Council.
5.4.4 If a company, association or corporate body is unable to comply with the requirements of Breeder- of Life-time membership, as set out in Clauses 5.1(a) and (b), its membership of the Society will be ended and the following Clause 5.4.5 mutatis mutandis regarding such a company, association or corporate body.
5.4.5 In the case of the liquidation of a company of the dissolution of an association or corporate body, the membership of the Society will automatically suspended, provided that:
(a) all fees or moneys owed to the Society will be collected from the liquidator of such a company, or of the members (be they joint or separate) of such an association of a corporate body on the date of liquidation;
(b) the liquidator of such a company and the members of such an association or corporate body will be obligated to fulfill all obligations of such a company, association of corporate body; and
(c) Any fees that are payable, such as membership fees, registration fees, transfers or other monetary obligations, that must be met after the automatic suspension of membership will be determined in accordance to the scale of Breeders and Life members.
6. MEMBERSHIP FEES AND FEES
6.1 All subscriptions or any other fees and charges payable to the Society are intermittedly suggested by the Council and are ratified at the next General Meeting of the Society by a majority vote (Appendix A).
6.2 The annual membership fees are payable in advance as of 1 January of every year and will be regarded as overdue if not payed by 1 April of the same year.
6.3 Any member whose membership fees are overdue or that owes money to the Society for more than thirty (30) days after a claim has been issued by the Secretary will no longer enjoy the rights or privileges of membership until such a time as these debts have been settled.
6.4 On instruction of the Council, interest may be charged on all overdue bills at an interest rate intermittently determined by the Council. Further more, the Council has the authority, irrespective of Clause 7, to cancel a member’s membership if he, after request via registered mail to pay said membership fees, does not pay the amount due within thirty (30) days.
6.5 Any member that discontinues membership of the Society, for whatever reason, will be held accountable for all fees still owed at the time of the ending of his membership of the Society.
6.6 If the Council should determine that a member’s account is overdue or a member’s membership is discontinued, such a member, should his account be handed over to a firm of law or to debt collectors, will be held liable for the payment of all legal costs, collection fees, lawyer- and client costs that may arise as well as for the original amount, fines and claims owed to the Society.
7. RESIGNATION AND SUSPENSION OF MEMBERS
7.1 Any person can resign as member of the Society by giving written notice to the Secretary no less than one month in advance with the understanding that the resignation will not come into force before 31 December of the same year in which the resignation has been submitted, all fees owed to the Society have been paid in full and all requirements regarding registration and transfers or any other responsibilities regarding his membership have been met.
7.2 The Council has the authority to (provided that a decision to these effects have been approved by no less than two-thirds of the Council members that are present at a Council meeting and have voting rights) suspend any member that –
(a) has failed to pay any fees owed to the Society within thirty (30) days of a written claim for settlement, signed by the Secretary, has been posted to him;
(b) has violated the Constitution or broken any rule of the Society or has, in the judgement of the Council, acted in a manner that has been dishonorable or destructive to the character, or to the disadvantage of the interests, of the Society;
(c) has, through his actions or lack thereof, brought actual or possible dishonor to the Society, or is guilty of behavior that has caused actual or possible disadvantage to the goals of the Society;
(d) has purposefully or for personal gain or benefit supplied faulty information to the Society or any of its officials, or officials and judges at shows or has made changes to the body a horse with the intent to mislead; or
(e) Has been found guilty of a violation of the Laws and Regulations issued in terms of the Law.
WITH UNDERSTANDING THAT no actions will be taken against a member of the Society before the Secretary has addressed a recorded letter to the member, in which he is informed of his proposed suspension and in which he is appealed to, to personally, or if he prefers his authorized representative, make his case at the Council meeting, at least thirty (30) days prior to the Council meeting where such a suspension will be discussed,
7.3 Any member that has been suspended must be notified in writing by the Secretary within ten (10) days of the decision regarding his suspension being approved. This clause is not applicable to suspensions in terms of Clause 6.4. For the purpose of this sub-clause the date on which the written notification has been sent via registered post, and/or email and or/ fax will be taken as the date of notification under the condition that proof of the fax or email being sent is available.
7.4 After such a suspension of a member, he will no longer be a member of the Society. The member’s name will be removed from the Studbook or any other registers or reports of the Society and the Council may, at its own discretion, order the Secretary to apply to the Association for cancelation of all registrations regarding animals that have been bred by the suspended member or that were in his possession at the time of his suspension. Should this take place, no transfer of horses of the suspended member that he has bred himself, will be registered; no birth notifications will be accepted from him, and he will be informed accordingly.
7.5 Any person that has been suspended as a member of the Society will still be held liable for all subscriptions and fees that he owes to the Society at the time of his suspension, and he must fulfill all obligations that he would fulfill as a member regarding registrations, transfers or any other obligations regarding such a membership.
7.6 Any person against whom disciplinary action has been taken and has been found guilty of behavior conflicting with the Constitution, General Regulations and Rules of the Society may appeal in writing, via email and/or fax, against the conviction and/or punishment imposed, to the Secretary within twenty (20) days of the date of the conviction and/or sentencing.
7.7 The Secretary will, within thirty (30) of the date of receipt of notice as in sub-clause 7.6, inform the person involved of the date, time and costs of the appeal, as well as informing him of the names of the persons who will hear the appeal via registered mail and/or email and/or fax.
7.8 An appeal, in terms of the Constitution, will be heard by an Appeals committee consisting of three experts that are not Council members but have been appointed by the Council. Depending on the nature of the appeal, the chairperson of the Appeal committee may be a lawyer of an advocate. All costs related to travel, boarding and service delivery of the Appeals committee will be the responsibility of the person who made the appeal.
7.9 If the person, who has indicated his intent to appeal, or a duly appointed representative is not present in person during the appeal, the appeal will expire automatically and the previous findings will be ratified. The person who indicated his intent to appeal will remain liable for the costs of the appeal.
7.10 Any person that has, for any reason, ceased to be a member of the Society will be eligible for membership at any future time, in accordance with the stipulations of Clause 5.2.
7.11 The Council has the capability to fine a member is it is of the opinion that the transgression of a member against the Constitution and/or Regulation is not of such a serious nature that suspending the member would be justifiable.
8. THE MANAGEMENT OF MEMBERS
8.1 The Secretary keeps a register of all members. In this register the following information is recorded: the date of admission of membership of every member, his postal address, the contributions received from him and the dates of payment of all fees.
8.2 Every member must inform the Secretary in writing of changes to his postal address and all notifications and publications that have been sent to a member’s recorded address will be viewed as having been recognized by the member.
8.3 All articles sent via registered mail by the Secretary to members will be viewed as binding.
9. THE COUNCIL
9.1 ELECTING COUNCIL MEMBERS
9.1.1 The interest of the Society are controlled and managed by a Council that is elected during the General Annual Meeting, that convenes for this purpose, through the use of ballots.
9.1.2 The Council consists of six members, namely the President, Vise-president and four additional council members.
9.1.3 The President and Vis-president hold their office for two (2) years and are re-electable for a second term after which they may not me elected to the same office before a period of two (2) years expires. After a term of four (4) years, the President may only be re-elected as an additional council member.
9.1.4 Additional members of the Council that is elected in terms of Clause 9.1.1 hold their office for a period of two (2) years and may be re-elected when the two (2) years expire.
9.1.5 Members of the Council that have been absent from two consecutive Council meeting without permission or valid reason will forfeit their office.
9.1.6 Should the office of President or Vice-president become vacant before the expiry of the period of which he has been elected to the Council, the Council may, through the use of ballots or another agreed upon method, elect a person from its ranks at the next Council meeting in order to fill the vacancy until the term is expired.
9.1.7 If a member if the Council should pass away, resign or forfeit his right to serve on the Council, or in accordance with Clause 9.1.6, is elected to the office of President or Vise-president, the Council may fill such a vacancy from the ranks of the Society until the following election of the members of the Council takes place. The Council will be viewed as complete and will continue to carry out all authorities assigned to it, not excluding any vacancies that may arise.
9.2 OTHER PERSONS SERVING ON THE COUNCIL
Besides the six (6) elected members of the council, the following members will also serve on the Council, in an advisory capacity, but will not have voting rights.
9.2.1 HONORARY LIFE-VISE-PRESIDENT
For outstanding service to the race persons may be elected to the Council, on recommendation from the Council, at the Annual General Meeting as Honorary Life-Vise-Presidents, with the understanding that at least three quarters of members at the meeting support the recommendation.
9.2.2 THE SECRETARY
Only if a Council member is not responsible for the Secretariat.
9.2.3 THE SOCIETY’S TECHNICAL ADVISER
If necessary, on an ad hoc basis.
9.2.4 Any other person or persons that Council selects.
10. AUTHORITY AND OBLIGATIONS OF THE COUNCIL
The Council, subject to the stipulations of the Constitution and the decisions of the Society made intermittently, has the authority to act in the interest of the Society or for the advancement and accomplishing of its goals or in a manner that is considered desirable.
In particular, the Council has the authority to –
10.1 call general or special general meetings of the Society whether because of a special request thereof, directed according to the stipulations of the Constitution, or because it is deemed necessary;
10.2 to, as they see fit, appoint, dismiss or suspend lawyers or other legal representatives, agents, officials or other employees permanently or temporarily or with the aim of special services; determine their authority and obligations; determine their compensation and terms; and to take the necessary precautions to ensure proper undertaking of their obligations, as may be deemed prudent in certain situations;
10.3 in the case of a lawsuit, institute proceedings, have proceedings instituted, defend or to reach a settlement regarding any legal proceedings by or against the Society or against any of its official or the satisfaction of any claim or subpoena by or against the Society;
10.4 co-opt the services of any member of the Society and to create subcommittees under such conditions and to grant them such authority as may be intermittently deemed necessary;
10.5 establish such rules and conditions regarding the qualifications and election of judges of Nooitgedacht horses as deemed necessary, with the understanding that no person will be appointed a judge at Nooitgedacht horse shows before he meets such requirements as determined by the Council. Intermittently re-evaluate the panel of judges and remove such names as deemed necessary;
10.6 file or enforce such punishments as intermittently prescribed by the Society for the violation or breach of the Constitution, rules and regulations of the Society;
10.6.1 Suspension of the member and/or;
10.6.2 Imposing a fine of R20 000-00 at the most, and/or;
10.6.3 The removal of a member from the selection list, and/or;
10.6.4 The removal of a member from the judges panel, and/or;
10.6.5 The imposing of any of the above mentioned, suspended for a period of five (5) years at the most.
10.7 subject to the stipulations of Clause 6.1, suggest adjustments of membership fees or obligations intermittently and to submit any additional fees or obligations deemed necessary to the Annual General Meeting or special general meeting of the Society for rectification;
10.8 open one or more bank accounts on behalf of the Society and to draw, accept, endorse, manage or execute any statements of bills, debts, checks or other marketable documents relating to the business of the Society.
10.9 sell, lease, mortgage or purchase, for the Society, buildings, property, goods, moveable assets and possessions; to sell, pawn, lease or alienate movable goods of the Society or otherwise dispose thereof, and use the compensation generated by this act in a manner that is deemed to be of the greatest benefit to the Society; takin into consideration Clauses 3.10 and 4;
10.10 invest any capital that is not needed for the immediate needs of the Society, or manage it against such securities and under such conditions as seen fit by the Council and to intermittently make adjustments to, or withdraw such investments; with the understanding that any capital available for investment may only be invested with registered financial institutions as described in article 1 of the Financial Institutions Act (Investments of Funds), 1984, and in shares held on a licensed stock exchange as in the Stock Exchange Management Act 1985 (Act No. 1 of 1985) was listed;
10.11 investigate all disputes arising from the application of the Constitution and provide a decisive answer in this regard;
10.12 pay all the costs and accounts regarding the administration and management of the Society;
10.13 collect and receive fees, donations and other debts and funds and use it to the advantage of the Society and the advancement of the Nooitgedacht horse breed;
10.14 organize and promote the sale of Nooitgedacht horses, whether through public auctions or private and to, for this purpose, appoint auctioneers and agents;
10.15 een of meer lede of amptenare aan te stel met die gesag om namens die Genootskap dokumente te onderteken, stukke en gegewens te ontvang, geregtelike stappe te doen, op te tree, ‘n eis in te stel, of gedagvaar te word, sodat die sake van die Genootskap beter en gemakliker uitgevoer en afgehandel kan word;
appoint one or more members with the authority to undersign documents, receive articles and information, take legal action, act, make claims, or be sued, in oder for the business of the Society to be conducted and concluded with ease;
10.16 establish, adjust or promote rules and regulations regarding the control of business and the execution of the goals of the Society
10.17 suggest changes or adjustments of any appendix attached to the Constitution to a general meeting of the Society for the purpose of ratification;
10.18 borrow money using any property of the Society as security;
10.19 in accordance with Clause 7, suspend the membership of any person;
10.20 in accordance with Clause 6.3, refuse approvals, recording of registration and other work for members if their account is overdue;
10.21 in general, do all that is necessary to ensure the prosperity of the Society and the administration of its business, under the condition that any steps taken or orders given do not conflict with the stipulations of the Constitution;
10.22 Determide the meeting of officials of the Society.
11. THE EXECUTIVE COMMITTEE
The Executive Committe will consist of the President, Vise-president and one other Council member.
11.1 AUTHORITY AND OBLIGATIONS OF THE EXECUTIVE COMMITTEE
11.1.1 To, on the recommendation of the Assessors Committee, appoint assessors and perform any other services for which members of the Society may desire an assessor and to give orders and authority to such assessors regarding their obligation to ensure that the goals of the Society are reached, or to dismiss them.
11.1.2 Give orders to the assessors of the Society to investigate cases where proper record has not been kept, or where doubts may arise regarding the identity of a horse or horses and to take action in the interest of the Society, as deemed necessary.
11.1.3 To grant a leave of absence to any member of the Council or any official or employee of the Society for a period and under the conditions determined in each individual case.
11.1.4 To receive and consider membership applications and to accept or reject applications at own discresion. The Executive Committee has the right to delegate this authority to an official of the Society. In cases where doubts arise the case must be refered to the Executive Committe.
11.1.5. To approve or refuse special selections, as requested by members (in conjunction with decisions of the Executive Committee).
11.1.6 To approve recommendations of the sub-committees.
12. MEETINGS
12.1 MEETINGS OF THE EXECUTIVE COMMITTEE
The Executive Committee will, when necessary, meet to execute its obligations as stipulated by the Society and the Constitution.
12.2 COUNCIL MEETINGS
12.2.1 The Council will meet at such a time and place as is intermittenly decided upon by the Counsil, the President or, in the case of the Presedent’s abcense, the Vise-president; under the condition that at least two (2) Council meetings are held in a finacial year.
12.2.2 A special Council meeting –
(a) may be called by the President (or his absence, the Vise-president) at such a time and place as decided on by the official, or
(b) Will be called on the basis of an application, undersigned by no less than three (3) Council members, wherewithin the reasons for the meeting are stated. Such an application must be directed to the Secretary.
12.2.3 Written notification of the date, time and location of a proposed Council meeting must be mailed to every member of the Council, no less than twenty-one (21) days before the meeting is to take place, by the Secretary.
12.3 GENERAL MEETINGS
12.3.1 A general meeting of the Society, known as the Annual General Meeting, will be held once a year at such a time and place as determined by the Council.
12.3.2 At such a Annual General Meeting the Council will present its annual report to the Society, accompanied by an annual statement of the financial year on which the report is based.
12.3.3 A special general meeting of the Society may be called at any time, with at least fourteen (14) days notice, by –
(a) the Council
(b) the President (or in his abscence, the Vise-president)
Based on a written application thereof, directed to the Secretary, undersigned by no less than ten (10) members of the Society. Such an application must explain the goals of the meeting and during such a meeting only the matters recorded in the application may be delt with.
12.3.4 Every member must be informed of the date, time and place of the Annual General Meeting at least thirty (30) days before the meeting. Any member who intends to present any matter for discussion at the Annual General Meeting must inform the Secretary of such an intent in writing, at least twenty-one (21) days before the meeting. No topic, proposed by any member, will be on the agenda of the Annual General Meeting unless the required notice of this topic proposal has been given in accordance with this sub-clause.
12.3.5 A final notification of the date, time and place of any special or general meeting must be presented to every Society member at least fourteen (14) days before the meeting.
12.3.6 No decisions will be made at Annual General Meetings, unless notice thereof has been made on the agenda that has been sent to members, along with notification of the meeting, except if such a meeting, through a two-thirds majority vote of members who are present and have voting rights or by means of modern communication technology are considered present, agrees to discuss and vote aboutany matter that is not specifically noted on the agenda.
12.3.7 Any Annual General Meeting may be adjoured through a tow-thirds majority vote of the present members.
12.3.8 The President holds the chair at all meetings and in the case of his absence, the Vise-president or an Honorary Life-vise-president will hold this office. If none of these officials are present at a meeting, the other members who are present must elect another member of the Council to hold the chair at such meetings and any person who is elected in this manner will hold the authority to perform all the duties of the President at said meeting.
12.3.9 All matters presented at the meeting, unless determined otherwise, must be resolved through the majority vote of the members present at the meeting and who hold voting rights. In the event that voting has reached a stalemate, the person holding the chair at such a meeting will have a decisive vote in addition to his delibirative vote.
12.3.10 Subject to the stipulation of Clause 9.1.1, voting at all meeting will be done through the raising of hand unless a present member desires voting to be done through ballot casting will take place.
12.3.11 No matter that has been dealt with in a proper and constitutional manner can be declared invalid based solely on the fact that a member did not receive notification in terms of the Consitution.
12.3.12 If a member of the Society cannot attend Annual General Meeting and can also not be present through the use of modern communication technology, such a member may cast a vote regarding matters discussed at the meeting, if:
a) the proposal that is being voted over appears on the meeting agenda;
(b) if adequete notice has been given in compliance with the instruction of the Constitution, and
(c) No changes are made to the proposal during the meeting.
The above mentioned vote must be submitted to the serving chairperson of the Annual General Meeting at least one (1) hour before the commencement of the meeting and through any communication medium of which record can be kept.
13. QUORUM
13.1 Any six (6) members of the Society, that are physically present at the commencement of any General Meeting, form a quorum for such a meeting. Three (3) Council members that are physically present at any Council meeting and that possess voting rights form a quorum for such a Council meeting.
13.2 Both the President and the Vise-president as well as one Council member must be present at any meeting of the Executive Committee in order for the meeting to function.
13.3 At any meeting, should a quorum not be present, the meeting may be adjourned until such a time and place (in no less than seven (7) days thereafter) as decided on by the members present at said meeting. At such a postponed meeting, the present members will form a quorum, with the understanding that any meeting where a quorum is not present, but the Presendent, Vise-president of Honorary Life-vise-president are present, must be adjourned for half-an-hour after which present members will form a quorum with the purpose of dealing with such matters (excluding Contitutional ammendments) as the managing member bearing the office of the chair decrees urgent. Such an adjournment of half-an-hour will not be to the disadvantage of the rights of the meeting and the meeting will be adjourned, after attention has been given to the necessary matters, to such a time and place as determined.
14. FINANCIAL STIPULATIONS
14.1 The Council will ensure that one or more bank accounts are opened under the name of the Society, into which all fees that the Society might receive must be deponated.
14.2 All payments made from the accounts of the Society must be done by check or electronic funds transfer and the checks and/or transfers must be authorised by the Secretary, or any other person appointed by the Council for this reason, and co-authorised by a person(s) that has been appointed by the Counsil for this purpose in agreement with Clause 10.15, provided that nothing contained herewithin will prevent the Council from maintaining and controlling a petty cash fund. Also, any regular or monthly accounts that do not exceed an amount established by the Council, can be paid in cash, provided that the total amount needed for the payment of such accounts were withdrawn by check.
14.3 The financial year of the Society spans from 1 January to 31 December of any year.
14.4 The Secretary, or a person appointed by the Council, must keep proper accounts of the Society’s financial matters and these accounts must be intermittently, no less than once a year, reviewed by a qualified auditor as appointed at the Annual General Meeting of the Society for this purpose and an annual statement of the Society, as on 31 December of the financial year related to the statement, as stipulated in Clause 12.3.2, must be presented to the Annual General Meeting of the Society.
14.5 All the assests of the Society are established in the Council.
14.6 The income and property of the Society, received from whatever source, including the profits, will be used solely for the promotion of the goals of the Society and no part thereof will directly or indirectly, as dividend or bonus or for any other purpose, be paid or transferred to any persons that are or were, at any time, members of the Society: on condition that nothing herewithin can prevent payments made in good faith to any employee or any other person who has delivered services to the Society.
15. CLUBS
15.1 A group or groups of members may, with the permission of the Council, establish horse riding clubs with a view to promote the Nooitgedacht horse breed.
15.2 Such clubs must produce a constitution that will be presented to the Council for approval.
16. DISSOLUTION OF THE SOCIETY
If there are any remaining assests after the dissolution of the Society, these assests will not be distributed amongst or paid out to the members of the Society but will be transferred to such an institution that shares the goals of the Community, as decided by the majority at a general meeting of the Society, and that is itself not subject to income tax in terms of article 10(1)(cA)(i)(ff) of the Income Tax Act.
17. SOUTH AFRICAN STUD BOOK AND ANIMAL IMPROVEMENT ASSOCIATION
17.1 The Society is a member of the Association that operates as Registering Authority, in accordance with the Law, for the Society.
17.2 The Society must submit the following documents to the Association and the Registrar:
(a) the Society’s annual statement, withing thrity (30) days of the Annual General Meeting;
(b) the Society’s annual financial statements, within thrity (30) days of the Annual General Meeting; and
(c) And any other additions as intermittently required by the Association.
17.3 The Annual General Meeting of the Society must appoint a representative and a secondary at the Annual General Meeting of the Association.
18. CONSTITUTION AMMENDMENTS
18.1 Adding or making ammendment to the Constitution may only be brought about through a majority vote, of no less than two-thirds, of members at a general meeting of the Society. Every member of the Society must be informed of the suggested ammendments or additions in writing no less than thrity (30) days before the meeting.
18.2 Any ammendments to the Constitution must be presented to the Comminsioner of the South African Revenue Service.
18.3 Constitution ammendments that have been approved at a general meeting must be presented to the Registrar of the Association for ratification within thirty (30) days.
18.4 No such additions or ammendments to the Constitution that have been approved, as described in Clause 18.1, will come into effect before thirty (30) days have passed after submission to the Association and the Registrar of Animal Improvement, after which it will come into effect.
19. RECALL OF PREVIOUS CONSTITUTIONS AND GENERAL REGULATIONS
This Constitution recalls all previous Constitutions and General Regulations of the Society.
20. OFFICE OF THE SOCIETY
The Office of the Society will be situated in any place as determined by the Council and ratified by the next General Meeting of the members.
21. INDEMNITY
Individual members of the Council or any members of committees of the Society or employees are indemnified from any claim that might arise from any decision or action taken in goodwill.
22. AUTHENTIC READING OF THE CONSTITUTION
Due to this Constitution and accompanying regulations being drafted and approved in Afrikaans, Afrikaans is considered the authentic language of reading.
23. NAME AND COMMENCEMENT
23.1 This Constitution is known as the Constitution of the Nootgedach Horse Breeders Society.
23.2 This Constitution comes into effect after the Registrar and the Association has approved it and on the date which the last above mentioned institution approves it, with the understanding that horses that were sired before 1 May 2001, in compliance with General Regulation 1 of the previous, approved Constitution, will be recorded in the Stud book. Horses begotten after 1 May 2001 must be recorded in the Stud book, in accordance with the General Regulations of this Constitution.
GENERAL REGULATIONS
1. REGISTRATION
1.1 REGISTRATION OF PREFIX AND DISTINGUISHING STUD MARK
1.1.1 Horses will not be approved for registration or recording unless the breeder registers for a prefix and identifying markers, through the Society through the Association, for his exclusive use, through which all horses that are registered or recorded on his behalf can be distinguished. The identifying markers, consisting of no more than four (4) alphabet letters, will be awarded to the breeder by the Secretary.
1.1.2 Application for the registration of such a prefix must be submitted to the Association and must be accompanied by such registration fees as are intermittently determined. The Association will register the prefix on the Intergis on behalf of the Society.
1.1.3 Any prefix that has been registered in favour of one breeder may not be used as a prefix by any other breeder.
1.1.4 No prefix (including the name) will consist of more than eighteen (18) characters.
1.1.5 The name of a town, city or post office will not be accepted as a prefix.
1.1.6 The transfer of a prefix from one breeder to another will not be allowed, unless under such circumstances and to such persons as is made provision for by the General Regulations of the Constitution of the Association for registration on the Intergis.
1.2 REGISTRATION OF HORSES
1.2.1 REQUIREMENTS IN TERMS OF REGISTRATION
1.2.1.1 No application for registration or recording of a horse will be considered by the Council, unless a notification of birth exists for the horse in question.
1.2.1.2 Approval is a prerequisite for the confirmation of a horse’s registration that must take place before the age of three (3) years, in the case of mares, and five (5) years, in the case of stallions. The Executive Committee may grant approval on an ad hoc basis for the approval of older animals.
1.2.1.3 No horse will be accepted for registration, unless both his father and mother were older than twenty-nine (29) months at the time of his birth.
1.2.1.4 Nooitgedacht horses that do not comply with the minimum breed standards, as set out in Appendix B, will not be registered.
1.2.1.5 The registration or recording of all Nooitgedacht horses by the Association, are done on the recommendation of the Society and every breeder of such horses must keep a stud register in which the dates of birth of all foals are recorded along with details about gender and breeding as well as sales, deaths, castrations, etc. In the case where such requirements are not met, further entries may be disqualified or refused by the Council. Breeders can, at any time, be ordered by an assessor to present such records for assessment.
1.2.1.6 No Nooitgedacht horse will come into consideration for entry into the Stud Book, unless it is clearly marked and expressly provided of a name or a number that represents the name. The Council has the authority to refuse an application regarding a Nooitgedacht horse, if it is not, in his opinion, marked clearly or has a misleading name.
1.2.1.7 No name, excluding the prefix, may consist of more than twenty (20) characters and may not contain more spaces than intermittently determined by the Association.
1.2.1.8 If the name of a Nooitgedacht horse has been recorded, it can not be changed thereafter, unless the name exhibits an obvious mistake, in which case the name will only be changed as necessary to correct the mistake, or if the intended name change (including the Stud name) is accompanied by a written motivation from the owner, the change may be approved by the Council during a Council Meeting in consultation with the Association.
1.2.1.9. If a horse has been approved and is recorded in the Help Stud Book or Stud Book of Nooitgedacht horses and a registration certificate has been issued to the horse in question, such a horse may not be registered in the Help Stud Book or Stud Book of any other horse breed.
1.2.2 APPLICATION FOR REGISTRATION OR RECORDING
1.2.2.1 Application for registration or recording of Nooitgedacht horses must be done in writing.
1.2.2.2 All applications for registration/recording must include a commitment and statement in the following fashion: “I, (insert name the name of the breeder) declare that I bred the animal described here within and that the breeding details, stud book and identification characteristics are correct, and I promise to acknowledge and regard as binding the Constitution, rules and regulations of the Nooitgedacht Horse Breeders Society and those of the South African Stud book and Animal Improvement Association.
1.2.2.3 Application forms regarding Nooitgedacht horses that were artificially inseminated must be so endorsed. All registration certificates that were issued by the Association regarding any horse that was sired through artificial insemination must also contain the words “sired through use of artificial insemination”, or an abbreviation “KI” following the name of the horse on any registration certificate.
1.2.2.4 Application forms regarding Nooitgedacht horses that were sired through the use of embryo transfer must be so endorsed. All registration certificates that were issued by the Association regarding a horse that were sired through embryo transfer must contain the words “sired through embryo transfer” or an abbreviation “ET” following the name of the horse on any registration certificates.
1.2.3 CANCELLATION OF REGISTRATION
1.2.3.1 The Council may order the Secretary to apply to the Association for the cancellation of the registration on any Nooitgedacht horse that —
(a) is incorrectly registered;
(b) is registered based on false or fraudulent information provided by the owner; or
(c) Is registered after the owner failed to comply with any regulation that he needed to comply with in order to ensure that registration will be faultlessly completed.
1.2.3.2 Before application for the cancellation of a registration certificate can be made, the Secretary must inform the owner of his intentions in writing at his last known address thirty (30) days prior to executing his intentions.
1.2.4 NOTICE OF EVENTS THAT NECESSITATE THE CANCELLATION OF BIRTH- AND REGISTRATION CERTIFICATES
1.2.4.1 If a Nooitgedacht horse that is registered or is viable for registration should die, be castrated or sterilized, the Society must be informed within thirty (30) days of such events and the registration certificate or the birth certificate must, at the same time, be returned to the Society, with the date of the different events properly endorsed.
1.2.4.2 Birth- or registration certificates of above mentioned horses must forthwith be sent to the Society in order for it to be forwarded to the Association with the purpose of cancellation.
1.2.5 RESTORATION OF ANIMALS IN THE HERD BOOK
If the birth- or registration certificate of a horse is cancelled, such a horse will only by recommendation of the Council be restored into the records of the Society and the Association, under the condition that the application for restoration is made by the same person who applied for cancellation. The application for restoration must be accompanied by the fees intermittently suggested by the Council and ratified at a General Meeting (Appendix A).
2. IDENTIFICATION
2.1 The Society’s official system of permanent identification of horses that are eligible for registration in the Stud book is branding on the left neck surface or the left hind thigh or tattoo marks on the inside of the upper- or lower lip, or upper gums, or microchips imbedded in the left neck surface.
2. 2 All foals must be branded on the left neck surface or the left hind leg or must be tattooed on the upper– or lower lip or upper gums, by the breeder, before the horse is twelve (12) month of age or before the horse leaves his ownership (whichever takes place first) with the unique letters and a number, which is a serial number, that the breeder allocated to the foal. Microchips, implanted on the left side of the neck, may also serve as an alternative for identification.
2.3 AFTER TATTOE- OR BRANDMARKS HAVE BEEN MADE ON A NOOITGEDACHT HORSE, EVEN IF IT IS FAULTY, FAINT OR UNREADABLE, IT MAY NOT BE CORRECTED, IMPROVED OR ALTERED IN ANY MANNER, UNLESS THE SECRETARY HAS GIVEN WRITTEN PERMISSION TO THIS END BEFOREHAND. MICROCHIPS THAT HAVE BEEN IMPLANTED MAY NOT BE REMOVED.
2.4 Should the breeder have made a mistake regarding the mark of a foal, or the tattoo- or brand mark becomes faint or unreadable, or the microchip becomes unreadable, the owner of the Nooitgedacht horse must inform the Secretary in writing and the horse will then be marked again in the presence of an assessor that has been appointed by the Council for this purpose, after the assessor has been convinced of the identity of such a horse.
2.5 Besides the official breed brand of the Society and its own registered brand- and tattoo mark, no other mark whatsoever may be added to the ears or body of any stud book Nooitgedacht horse by the breeder or owner of the horse, or by his agent. The horse that carries such marks may, after a decision has been made by the Council, be disqualified.
2.6 No registered or recorded Nooitgedacht horse may be sold or transferred if it has not been clearly marked or microchipped.
3. STUD BOOK
3.1 The Society will compile and keep a stud book or register that will be known as THE NOOITGEDACHT HORSES STUD BOOK that will consist of:
(a) The Basic Register,
(b) The Help Stud Book Section A,
(c) The Help Stud Book Section B, and
(d) The Fully Registered Stud Book, SP
(e) Pedigree animals,
(f) Nooitgedacht Sport horses
(g) Register for Iberian project horses.
3.2 The Society may, with the approval and under the control of the Association, publish a Stud Book where within the records and registrations, that have been performed under these regulations.
3.3 Nooitgedacht horses that, after inspection by assessors of the Society, have been approved are, as seen below, registered or recorded in the Basic Register, Help Stud Book A or B, or the Fully Registered Stud Book of the Association.
3.4 BASIS REGISTER
Any horse that can make a noteworthy contribution to the breed and that complies with the highest standards (Appendix B) as instituted by the Council, will be, on the request of the owner and the approval of an assessor, eligible for recording in the Basis Register as horse from which to breed Nooitgedacht horses. Foals of the Basis horses undergo strict selection before they can be recorded n Help Stud Book A. Registration certificates will not be issued for Basis horses and all Basis horses will only be recorded in the Basis Register conditionally, subject to performance of their offspring.
3.5 HELP STUD BOOK A
A horse that:
(a) is the foal of an SP-horse or a Basis horse; or
(b) is the foal of two (2) A-horses; or
(c) stems from a Nooitgedacth herd of which the breeder can prove the ancestry and that, to the satisfaction of the Council, is from the desired feno- and genotype, and at least one of the parents must be known to be a “B” of “SP” horse; and that complies with all three above mentioned breed standards (Appendix B), and that complies with all other registration requirements, is eligible for registration in Help Stud Book A.
3.6 HELP STUD BOOK B
A horse that is the foal of:
(a) two (2) B-horses; or
(b) an A-horse and an SP-horse;
(c) an A-horse and a B-horse;
and that, in all cases mentioned above, complies with the breed standards (Appendix B) and other registration requirements, are eligible for registration in Help Stud Book B.
3.7 FULLY REGISTERED STUD BOOK (SP)
A horse that is the foal of:
(a) an SP-horse and a B-horse; or
(b) two (2) SP-horses;
And that complies to the breed standards (Appendix B) and all registration requirements, is eligible for registration in the Fully Registered Stud Book.
3.8 PEDIGREE ANIMALS
3.8.1 Horses that are currently recorded in the SA Boerperd Horse Breeders’ Society studbook or in the records of the Cape Rider breeding project, may be recorded in the Nooitgedacht Stud Book as Addendum A as a “pedigree” animal, under the condition that such a horse passes the Nooitgedacht assessment with specific emphasis on the type requirements set. Such a stud book animal will carry no prefix but its SA Boerperd or Cape Rider prefix will form part of its name for the purpose of identifying its origin. Such stud book animals will be registered as Help Stud Book A at the most;
3.8.2 Horses begotten from one Nooitgedachter Stud Book horse and another horse registered in the SA Boerperd stud book, or recorded in the Cape Rider project, will, at the most, be recorded in Addendum B, based on the upgrading principle that SP (Nooitgedachter) + A (SA Boerperd) = B. The standard upgrading principle will thus be valid;
3.8.3 In all the above mentioned cases, stud book horses must comply to breed standards and selection criteria (Appendix B) and all registration criteria to be eligible for registration.
3.8.4 The offspring of previously recorded Nooitgedachter animals that have been removed from the Nooitgedachter stud book, can be recorded according to the status that they would have held if the parent had never been removed (Note: such a horse do not fall under “stud book” animals due to their previous status being retained);
3.9 NOOITGEDACHT SPORT HORSE REGISTER
Any animal that is the offspring of a Fully registered Nooitgedacht horse and any other horse, that has been bred for the sole purpose of being used as a sport horse, and that complies with the genotypical and phenotypical requirements, as intermittently determined by the Council, can be registered as a Nooitgedacht Sport Horse in the Nooitgedacht Sport Horse Register.
3.10 REGISTER FOR IBERIAN-PROJECT HORSES
The Society must keep records of the complete breeding details of all horses in the so called Nooitgedachter X Iberian project in order to ease future evaluations of the project, as well as to protect the genetic material that arises from it. These crossbred animals are not exposed to any assessment or inspection as the whole project will be presented at a stage for complete evaluation and assessment.
3.11 STUD BOOK RECORDS
The complete breeding details of all registered and basic horses must be kept in the Offices of the Society and copies of above mentioned breeding details must be submitted to the Association. The Stud Book will record the number, the number of the father and mother, the date of birth, the names of the breeder and owner and, if available, also the date of inspection of every horse recorded therewithin.
4. TRANSFER OF PREVIOUSLY RECORDED AND REGISTERED HORSES
4.1 Transfer to Help Stud Book sections and the Fully Registered Stud Book.
4.1.1 All horses that are transferred from the Development register and the Stud Book to the Help Stud Book sections and the Fully Registered Stud Book, must comply to the breed standard (Appendix B) and all registration requirements.
4.2 All F1- and F2-horses are eligible for registration in Help Stud Book and are known as A-horses.
4.3 F3-horses are eligible for registration in Help Stud Book and are known as B-horses.
4.4 F4-, F5- and F6-horses are eligible for registration in the Fully Registered Stud Book and are known as Fully Registered or SP-horses.
5. BREEDING AND INSEMINATION CERTIFICATES
5.1 If a foal that is eligible for registration, begotten by a stallion that at the time of breeding was not in the possession of the breeder of the foal, a breeding certificate, signed by the owner of the stallion at the time of the breeding, as well as the birth notification of the foal, must be submitted to the Society. The breeding certificate must include the name and registration numbers of the stallion and mare involved, as well as the date(s) of breeding.
5.2 If a bred mare that is registered of is eligible for registration is sold, the seller must provide the buyer with a breeding certificate (natural copulation) or an insemination certificate, if the mare has been bred.
5.3 Such a certificate must contain the name, brand number and registration number, and where applicable, the microchip number of the stallion as well as that of the involved mare and the date of insemination or breeding.
5.4 In the case of natural copulation where the exact date of breeding is unknown, the period in which the mare was with the stallion must be made known, as well as a declaration that the particular mare could not have been bred by another stallion in the same period.
5.5 The breeding- or insemination certificate must be undersigned by the owner of the stallion and must be submitted to the Society by the owner of the foal, along with the birth notification.
6. ADJUSTMENTS OR ADDITIONS TO CERITIFICATES
Any adjustments or additions to the essential information or details that officially appear on any birth- or registration certificate and that have not been initialed by the Secretary if the Society or the Head Executive Official of the Association (especially pertaining to the certificate), or any unauthorized endorsement or remark on such a certificate, will render such a certificate invalid.
7. DUPLICATE CERTIFICATE
7.1 A duplicate of the original birth-, recording-, or registration certificate regarding a Nooitgedacht horse that is issued can be obtained if sufficient proof, to the satisfaction of the Council, can be given that the original has been lost, destroyed by accident, or it is in the possession of a person that wrongly refuses to hand it over to the person intitled to it,
7.2 The application for a duplicate birth-, recording- or registration certificate must be accompanied by am affidavit from the applicant that must be the owner of the horse in question. Such an application and affidavit must be directed to the Association or the Secretary depending on the certificate desired. Such an application must be accompanied by the fees (Appendix A) suggested by the Council and ratified at a General Meeting,
8. CERTIFICATE OF EXTENDED PEDIGREE
8.1 Any person may apply to the Association for a duplicate certificate of an extended pedigree regarding a registered Nooitgedacht horse. Every application of this sort must be accompanied by the fees (Appendix A) suggested by the Council and ratified at a General Meeting.
9. EXPORTATION OF HORSES AND GENETIC MATERIAL
In order to better regulate genetic material that leaves South Africa, the following principles will apply before the Council or Executive Committee will grand permission for it:
9.1 For the exportation of embryo’s, clones and semen, the particular parents have to be approved. Stallions must achieve a minimum of 80% and mares a minimum of 76% during assessment, while geldings need only be approved.
9.2 Breeding animals that are exported must, according to the judgement of the Council, leave enough breeding material in South Africa, whether through direct offspring or close family of good quality; or in the case of stallions, the Council may insist that enough semen is preserved at a suitable Artificial Insemination station (semen collection and preservation costs covered by the Society).
9.3 Pregnant, approved mares may only be exported if they were bred with an approved stallion.
9.4 All horses that are exported must have an appropriate horse passport that complies with the requitements of the authorities involved,
9.5 Notwithstanding compliance with all the above mentioned requirements, the final decision lies with the Council, of the Executive Committee, who must, within thirty (30) days of receiving the written application, make the said decision.
9.6 No Nooitgedacht horse of genetic material of such a horse may be exported from the Republic without the authorization of the Registrar as the Nooitgedachter is registered as “Landras” under the Animal Improvement Act.
10. TRANSFERS
10.1 For all sales or transfers of ownership of registered Nooitgedacht horses, or of horses that are eligible for registration, application for transfer to the buyer or new owner must be made to the Society by the seller or transferor.
10.2 Such an application for transfer must be mailed to or submitted to the Secretary within thirty (30) days after the transfer date of the specific horse. If the application is mailed or submitted to the Secretary later than thirty (30) days after the transfer date, the transfer fees will be increased as suggested by the Council and ratified at a General Meeting (Appendix A).
10.3 An application for such a transfer that has bee mailed to or submitted to the Society more than thirty (30) days after the transfer will be considered by the Society and may be approved after payment of such fees as intermittently determined by the Council and ratified at a General Meeting (Appendix A). If doubts arise about a case, it must be referred to the Executive Committee. The Executive Committee has the authority to delegate this power.
10.4 An application for the transfer of a registered Nooitgedacht horse must be accompanied by the birth- or registration certificate, of the horse in question, that carries the full name and address of the new owner, as well as the signature of the seller or transferor and the transfer date on the space on the certificate supplied for this information.
10.5 For the purpose of Regulation 10.4, the transfer date will be considered the date on which the horse is no longer the property of the seller of transferor.
10.6 If the horse that is being transferred is pregnant, the transferor must submit, along with the application for transfer, a breeding certificate or an insemination certificate to the Secretary. Such a certificate must indicate the date of breeding, or the time period in which the mare was with a specific stallion, or the date of insemination, as well as the full name and stud book number of the stallion and must contain a statement that declares that the mare concerned could not have been bred by any other stallion before the date of delivery other than the stallion that has been mentioned in the breeding certificate.
10.7 Changes in ownership will be considered to have taken effect if the Nooitgedacht horse –
(a) is sold, traded or gifted;
(b) is inherited;
(c) is transferred when a association has been disbanded;
(d) is registered in the name of more than one owner at the same time, and any of these owners distances himself from his stake in the horse that has been registered in such a manner; and
(e) Is transferred to another person by means of a session.
10.8 If the Council is of the opinion that the seller or transferor fails or refuses to complete any steps to execute such a transfer, and fails or refuses to provide the original birth- or registration certificate, and if the new owner is prepared to pay such fees as determined by the Council, the Council may, with the permission of the Association, take such steps as deemed necessary to comply with the wishes of the buyer or new owner, on condition that in such a case, the stipulated fees, as set out in Regulations 10.2 and 10.3, is applicable to the new owner.
10.9 In cases of transfer between spouses or from parent to child or from child to parent (including in-laws or grandchildren), despite whether the transfer transpires through selling, gifting or inheriting, only half of the determined fees will be payable.
11. RULES REGARDING THE APPLICATION OF ARTIFICIAL INSEMINATION
11.1 Animals born through lawful artificial insemination, that is, in accordance with the Law and its Regulations, will be eligible for registration on conditions that all requirements set by the Constitution regarding registration are met mutatis mutandis.
11.2 No notification of birth of animals born in this manner will be accepted with the intention of registration, by the Society, unless it is endorsed as “Begotten through Artificial Insemination” and is accompanied by a properly completed inseminations certificate in accordance with the Regulations for the artificial insemination of animals issued under the Law.
11.3 If different stallions are used for the provision of semen for the artificial insemination of the same mare less than twenty-eight (28) days apart, no offspring that is born will be eligible for registration despite the stipulations of Regulation 11.1, unless the parentage can be determined through blood typing or another scientific method.
11.4 The Society withholds the right to supervise and/or to carry out an inspection, by means of officials, regarding the detailed recording of the application of artificial insemination by its members.
11.5 The Society withholds the right to refuse to register the offspring that has been begotten through artificial insemination if any of the rules and regulations, as set out by the Society, are not fully complied with.
11.6 Foreign breeder that reside in countries outside the Republic of South Africa, that enjoy the privileges of registration of stud book animals, in accordance with the stipulations of the Law, are allowed to apply for the registration or recording of offspring begotten through artificial insemination, on condition the semen is obtained from a source approved by the Society; and on further condition that the collection of the semen, the handling thereof, the insemination of animals and the keeping of reports are done in a manner intermittently approved by the Society.
11.7 Subject to the stipulations of the Law, breeders have the right to collect semen from their own stallions and to sell the collected semen for use on their own or other mares. The offspring begotten from the use of such semen may be eligible for registration on condition that:
(a) complete details of the stallion involved and the sell of the semen is submitted to the Society;
(b) the official blood typing laboratory number of the stallion is submitted to the Society;
(c) the collection and storage of semen is done by an organization approved by the Council;
(d) All the other requirements of the Constitution, the Constitution of the Association as well as the Law and the Regulations issued thereunder are complied with.
11.8 The Society reserves the right to refuse the registration of horses that have been begotten through artificial insemination if the other rules regarding artificial insemination have not been complied with.
12. RULES REGARDING EMBRIO TRANSFER
12.1
Horses born due to embryo transfer are eligible for registration, on condition that:
(a) the certificate of the official blood typing laboratory numbers of both the stallion and the mare is presented to the Society;
(b) A certificate from a veterinarian or embryo-transplanter, stating that the requirements for embryo-transplanting as stipulated in the Law and Regulations, have been met, is issued;
(c) parentage is proven in every case through blood typing or any other scientific method of confirming parentage acceptable to the Society; and
(d) All requirements of the Constitution, the Constitution of the Association as well as the Law and Regulation issued thereunder, are met.
12.2 The Society withholds the right to refuse registration of horses conceived from embryo-transferring, if all rules regarding embryo-transfer have not been complied with.
12.3 All registration certificates that are issued by the Association regarding horses conceived through embryo-transfer will include the letters “ET” behind the name of the horse on the registration certificate.
13. JOINT OWNERSHIP OF STALLIONS AND MARES
13.1 In the case of joint ownership, by more than one owner of stallions, the full name and address of every owner must be on record with the Society and the Association.
13.2 If mares, that are the property of other breeders as co-owners, are bred with the specific stallion, the breeding certificate that is required, according to Regulation 5, must be undersigned by the co-owner on whose farm the stallion resided at the time of the breeding.
13.3 In the case of joint ownership of mares by more than one owner, the full names and the address of each owner must be on record with Society and the Association.
13.4 If not otherwise indicated by the owner, the offspring will be recorded with the prefix and unique letters of the owner in whose care the mare resided at the time of the birth of the foal.
13.5 If the owner allows the use of the mare(s) by a fellow breeder, the appropriate properly completed and signed breeding certificate must be submitted by the registered owner of the stallion and the curator of the mare, a long with notification of birth.
13.6 If, in the case of Regulation 13.4 or 13.5, the curator is not one of the owners, the offspring will be registered on the birth certificate under the name of the owner.
14. GESTATION PERIOD
14.1 The recognized gestation period, regarding Nooitgedacht horses, is roughly three hundred and thirty-four (334) days. The minimum gestation period is two hundred and ninety-nine days and the maximum is three hundred and sixty-seven days. No gestation period outside of this range will be acknowledged without special approval from the Council and not unless it is confirmed through blood typing or a different scientific method.
14.2 The minimum acceptable period between two foals that are born consecutively from the same mare, is three hundred and fifteen days.
15. NOTIFICATION OF BIRTHS
15.1 The breeder of a foal of a registered mare, or a mare that is eligible for registration, must inform the Society of the birth of a foal, regardless of whether such a foal was born alive or dead, is a thoroughbred or a cross-breed, or if it is retained for registration or not.
15.2 All notifications of birth must be done on the determined birth notification forms (Appendix C), must be completed properly and undesigned by the owner, no later than two hundred and ten (210) days after the date of birth of the foal concerned, and sent to the Society.
15.3 Despite Regulation 15.2, the Society may accept a notification of birth that reaches the Society more than two hundred and ten (210) days after the birth of the foal, only if the notice is otherwise in order. Such a late notification of birth will be subject to a fine that is intermittently determined by the Council. The Council may, subject to its own opinion, decide to view circumstances as extraordinary enough to excuse a notification reaches the Council more than two hundred and ten (210) days after the birth of the foal. With the acceptance of such a notification of birth, the Council may impose an additional fine, as intermittently determined by the Council.
15.4 In the case of multiple births, the breeder must, besides the normally required information, indicate the name and gender of the other foal(s) on the birth notification form.
15.5 Every breeder will keep a stock of birth notification forms, kept in book form or bound in a file, that are sequentially numbered and is available to any breeder of the Secretary at a fee determined intermittently.
15.6 When a breeder gives notification of birth of a foal, the copy of such a form must be completed in such a manner that the information that appears thereon agrees in all respects with the information on the original form(s) that have been sent to the Society. All copies must be preserved in the book in which they are bound in such a manner that they are available at any reasonable time for inspection and monitoring. Entries must be in chronological order and the last copy must not be ripped out or destroyed.
15.7 Birth notifications must indicate the date of birth and the gender of the foal, as well as the names and registration numbers of the foal’s parents. The color of and permanent marks of the foal must be clearly described and marked on the prescribed form.
15.8 The Council will request the Association keep record of all foals, of which the breeder has properly informed the Society.
15.9 The Council had the right to cancel the registration of any Nooitgedacht horse that, according to the judgement of the assessor during obligated assessments (Regulation 17), do not comply with the minimum breed standards, or of any Nooitgedacht horse parent older than three (3) years in the case of mares and five (5) years in the case of stallion, for whom application for assessment has not been made, and to reclaim the birth certificate and/or registration certificate that has been issued the horse concerned.
15.10 Birth notifications are subject to the acceptance by the breeder of the full responsibility and correctness of the pedigree, breeding details and permanent identification marks of the horse described in the birth notification, and that all constitutionary requirements regarding birth notification have been met.
16. CONFIRMATION OF PARENTAGE
16.1 Parentage of all animals that are recorded or registered in the Nooitgedachter stud book (refer to Regulation 3.1) must be confirmed by way of DNA-profiling. Breeders are responsible for the costs of determining parentage.
16.2 The Council may, in extraordinary cases, give permission that animals may be recorded in Help Stud Book, Appendage A without verification of parentage, despite the determinations of Regulation 16.1. In such cases, the DNA-profile of the animal concerned must still be placed on record, as well as the DNA-profile of any known parent of the animal of which the DNA-profile can be done.
16.3 The laboratory report (issued by an accredited laboratory), in which the parentage of the foal is confirmed (through DNA-typing), must be submitted to the Society along with the birth notification.
17. ASSESSMENT AND OBLIGATIONS OF ASSESSORS
17.1 The Executive Committee will order assessors to assess all Nooitgedacht horses. A breeder must apply for assessment. If possible, and the number of horses justifies it, breeder that present horses for assessment will be visited once a year.
17.2 The assessors will act according to the prescribed manual (Appendix D) and execute the stipulations of the Standard of Excellence (Appendix B).
17.3 The assessors will either approve or reject any horse of which the birth certificate has been submitted to him. He must acquaint himself with the colour, identification, age, etc. of the horse that is submitted for assessment. Colour changes occasionally occur during the lives of Nooitgedacht horses. Assessors must note, initial and date such colour changes. Furthermore, the assessor must to his own satisfaction confirm that the horse complies in all respects to the breed standard as intermittently suggested by the Council and approved at a General Meeting (Appendix B). Any differences or inconsistencies can disqualify a horse for recording in the Stud Book.
17.4 The birth certificates of horses that have been approved must be signed by the assessor in the space intended for the purpose and the date of approval must also be present. The certificates, whether birth-, recording-, or registration certificates of horses that are dead must be handed to the assessor. The assessor must send the certificates involved, along with the inspection report, to the Secretary for cancellation of the horses’ birth certificates.
17.4.1 Stallions must be assessed by at least three assessors during regional assessments and must be displayed by letting them stand, walk and trot while being lead, and by letting them stand, walk, trot and gallop while under the saddle. The Council may, in deserving cases, approve alternative assessments of stallions outside of regional context. Stallions that are not assessed under the saddle may be assessed but to are not eligible for merit assessment.
17.5 Stallions must be presented for assessment after the age of eighteen (18) months. Mares must be presented for assessment after the age of twelve (12) months. The breeder has the authority to postpone the assessment of a horse to the next occasion.
17.6 Any breeder that is not satisfied with an assessor’s decision, may submit an appeal to the Secretary within three (3) weeks of the assessment. Such an appeal must be accompanied by a fee, as suggested by the Council and approved on a General Meeting (Appendix A), and a complete written description of the animal(s) concerned. An Appeal Committee that has been appointed by the Council, will in the presence of the breeder concerned, approve the horse(s) within one month. If the appeal succeeds, the deposit will be returned. If not, the appellant forfeits the deposit. The appellant may also be held responsible for the travel costs of the assessors.
17.7 Breeders will be notified in advance of the time and date of the assessor(s)’ proposed visit.
17.8 Special assessment may only be done with the permission of the Executive Committee, on condition that the applicant pays for travel and other costs of the assessor, if the assessor is available.
17.9 The assessors must, during their tours, always act as a marketing agent, and give demonstrations and lectures at appropriate locations where it is possible to rally local farmers.
17.10 The assessors in the employ of the Society may, on order of the Council, intermittently execute a general assessment of any place of breeding without warning,
17.11 The assessors may not accept the instructions or commissions of breeders of non-members to enable the buying of selling of Nooitgedacht horses,
17.12 A breeder may not act as assessor of his own horses,
17.13 Every Nooitgedacht horse of whom both parents are/were registered and that has been approved for registration, will be branded with the breed brand on the left thigh by the assessor.
17.14 The assessor must sign the birth certificate of the approved horses and submit it to the Secretary. Upon receipt of the birth certificate of the approved horse, registration certificates will be issued by the Association on recommendation of the Society.
18. TRANSFER OF AUTHORITIES
Despite any stipulations of the Constitution contrary to this, any member may through a declaration of delegation of authority, properly issued to and filed by the Secretary, give another person authority to undersign birth notifications, transfer certificates, breeding certificates, records or reports or any other documents concerning the administration of a registered Nooitgedacht horse breed on his behalf. Any signature of such a fully authorized person will be viewed, by the Society, as just as valid and binding as the signature of the member, on condition that nothing included here within allows the fully authorized person to participate in any way in the nominations in the election of any Council member or the voting over any matter in which his principal has voting right, or attend any meeting on behalf of his principal.
APPENDIX A
SOCIETY FEES
Determined annually through a majority vote during AGM
1. ENTRANCE FEES (once off) R 500.00
2. MEMBERSHIP FEES
a) Breeders fees R 1 000.00
b) Life members (once off) R 10 000,00
c) Junior members R 200,00
d) Non-breeder members and general members R 200.00
3. PER CAPITA*
Domestic breeders R 25.00
International breeders Council decision
4. BIRTH NOTIFICATIONS R 25.00
5. ASSESSMENTS
Stallions reassessment for merit R 400.00
Mares reassessment for merit R 200.00
6. TRAVEL COSTS (per km for assessing) of assessors R 3-50
Follow up assessments (payable by owner) R 3-50
7. BIRTH NOTIFICATION BOOK Council decision
8. INSPECTION BOOK Council decision
9. BREEDING BOOK Council decision
10. LATE BIRTH NOTIFICATION FINE (after 7 months) R 50.00
11. DEPOSIT IN CASE OF APPEAL (reassessment) R 200,00
12. Transfers, cancellations, duplicate certificates R 25.00
13. Reinstating of horses R 400.00
14. Assessment of horses of non-breeders
Assessment per horse R 500.00
Km tariff R 3.50
- Per Capita funds are used to cover the travel costs of assessors. Annual assessment tours will be done free of charge while ad hoc assessments outside of these tours will be payable by the owner.
APPENDIX B
STANDARD OF EXCELLENCE
GENERAL APPEARENCE AND TEMPREMANT
The Nooitgedachter has a good balance between forequarter, midsection and hindquarter, of which each forms a third. A square stance of the legs is characteristic with a strong bone structure.
High quality is shown through noble bearing, a fine head, flexible skin and shiny coat. The horse has a lively, intelligent bearing and an inherent curiosity that reflects an attunement and attraction to the person. The height of the horse ranges from 138cm to 168cm or 13.2 to 16.2 hands. The variation occurs due to a definite inclination for ponies and as well as horses in the breed, as well as selection methods under varying ecologies.
Hooves of good quality are so hard that shoeing is seldom necessary. The wrists are inherently strong. The horses are capable of carrying an adult rider over long distances and broken terrain, daily. Comfortable gaits such as a walk, canter, trot, triple and galop are characteristic. This enables participation in shows, pleasure rides, dressage competitions and sport items.
A filling percentage of 90% can be maintained without supplementation from the natural fields. The mares also show good udder development and mothering characteristics. Puberty, like height, fluctuates according to feeding circumstances.
The skin has a dark pigment; horses are any colour but may not be multicolored. The horse’s weight varies according to size, but the balance and characteristics in build stay unchanged.
HEAD
A dry slender head with a strong jaw and open ventilation to the throat is characteristic. In stallions, a princely bearing is apparent. When viewed from the front, the head is short from crown to mouth, with a broad, flat forehead and short, sharp pointed ears that are correctly placed and movable. In profile, the nose must be straight or slightly concave, the jaw deep and well vaulted and the jawline must be straight. The nostrils must be big, well outlined and wide set and must be movable. The eyebrows may not be too heavy or too prominent. The upper- and lower teeth must fit well on each other. A dry, slender head and a flexible, fine skin and obvious bone bumps and observable blood vessels are preferable.
EYES
The eyes must big and open and wide set. The eyebrows may not be too heavy and prominent. An intelligent, observant look in the eyes are desirable. Wild, rolling eyes with a white flicker are not characteristic of the breed. Femininity in appearance and eyes are to be seen with the heads of mares.
NECK AND ATTACHMENT
The neck must be moderately long and well muscled and must neatly attach to the head, chest and shoulder. The bearing of the neck must be such that the head can be held high without creating the impression the horse is looking up. The ideal is achieved through a neck that “runs high out of the shoulder”. The mane must be thick.
DORSAL VERTEBRAE AND SHOULDER ATTACHMENT
A deep shoulder with a long shoulder blade is extremely desirable because it grants the riding horse a long gait. A line from the shoulder point to the upper edge of the dorsal vertebrae ought to form an angle of 50 degrees with the horizon. The shoulder must be strongly muscled, but must not make a massive impression and the top of the two shoulder blades -scapula’s– ought to fit tightly against the dorsal vertebrae to form a dry, sharp wither. The wither ought to be shaped in such a manner and placed to the back in order for a saddle to fit naturally behind it and not move forward during movement to ensure that the girth does not chafe the horse behind the elbows.
SHOULDER- AND PASTERN ANGLES AND LENGTH
The shoulder and the pasterns must present more or less the same angle and the pasterns must be moderately long.
JUMP OF RIBS
The front rib must be long in order to provide a deep chest and room for the heart and lungs, but not too strongly vaulted in the case of a riding horse. The hind rib must be well vaulted and must be long to ensure belly capacity. The flank must be deep and full and the space between the last rib and the hip ought to be in proportion with the rest of the body, shortly linked– roughly the width of four fingers.
BACK HOLLOW AFTER DORSAL VERTEBRAE TO HIPS
The upper line of the midsection is formed by the back and the loins. It must be, more or less, straight approaching the rear and join smoothly at the croup. Discrimination must be made against a hollowed out back, i.e. a dip behind the wither, as well as against kurper loins. The top line must be short in relation to the bottom line. The ideal is that the horse must display short muscular loins, but “stands over a lot of ground”.
CROUP -angle, length and width- AND RUMP
The croup must be relatively long measured from the point of hip to the pin bones. Seen from behind, it must be broad between the Illiums but the hips must jut out and the croup may appear slightly rounded. Seen from the side, the croup ought to have a slight incline to the back but the tail must connect high. A too flat croup, as seen from behind, or a rump that slopes too much, as seen from the side, is undesirable. If seen from behind, the hindquarter, rump and upper thighs ought to be full and muscular. The gaskin must be strong.
FOREARM LENGTH AND HOCK PLACEMENT (OF LEGS) AND STANCE OF LEGS
The distance from the elbow to the knee of the front legs, must be longer than the distance between the knees and the pastern joint. The front legs must be wide enough apart to allow free movement but not as wide as seen with draught-horses. The horses, as seen from the front, must stand squarely on their front legs, meaning the front legs have to be perpendicular and parallel. A perpendicular line from the shoulder point ought to run through the middle of the front of the knee, cannon bone, pastern joint and hoof. Seen from the side, the leg must stand vertically. A perpendicular line from the middle of the front of the knee and the middle of the pastern joint must touch the ground right behind the hoof. The forearm must be long and muscular, the front of the knees deep, broad and flat, the cannon bone short, flat and dry with the tendons being clearly visible. The pastern joints must moderately long and have more or less the same angle as the shoulder. Discrimination against excessive pastern hair must take place. The hindlegs, as seen from behind, must form a parallel and straight stance from the point of hock, the back of the pastern joint and back of the hoof (shoes) perpendicular below the pin bones. Seen from the side, the stance of the hindleg must allow for a perpendicular line to run from the pin bones, just behind the hock, the cannon bones and the pastern joint. The hind pasterns may be more upright than the front pasterns. Heels must be broad and flat.
HOOVES AND BONE STRUCTURE
The front of the hoof must have more or less the same angle as that of the pastern. Seen from below, the hind hooves are more oval-shaped than the front hooves. The hoof tends to be high and narrow. Relatively high hooves are beneficial for movement over mountainous terrain. The hoof wall must be thick, hard and tough without splits or cracks. The hoof edge must show a clear rounding and precaution must be taken against contracting shoes. The leg must create a clean and strong impression. The joints of the hindleg and the front leg must have a strong appearance,
With the judging/assessment of Nooitgedacht horses the following undesirable characteristics and reasons for disqualification should be noted:
DISQUALIFICATION
Undesirable temperament: Horses that are clearly shy and temperamental.
Genetic defects and abnormalities such as a short lower jaw, hollow back, strong kurper loins, hocks that are turned outwards, curb, weak legs, joints or hooves.
Dorsal vertebrae of less than 138cm of more than 163cm.
Multicolored (piebald, skewbald) and albino (no pigment) horse.
Cryptorchid.
UNDESIRED CHARACTERISTICS
Build form errors that stray to far from the ideal such as: a rough, slightly fleshy head; small eyes; heavy, thick neck; shallow straight shoulder; tendency for hollow back; moderate kurper loins; half knees, out turned hooved, cow heels, sickle heels, a slight outward bend of the heel seen from behind; upright pasterns; small pasterns.
Slight colour deviations such a too large star or particularly high white legs.
Horses that do not move freely.
Appendix D
Manual for assessors and owners for the assessment of horses
See also Regulation 17 of the Constitution. Appendix B is used during all assessments.
The Executive Committee will give orders to assessors to assess Nooitgedacht horses.
Application for assessment of Nooitgedacht horses must be made to the Secretary on an approved form. The application for assessment must state the names and birth certificate numbers of the horses that application are being for and must also be accompanied by a complete description of directions to the farm. The Secretary keeps a list of all applications and requests that an assessor does the assessment. The assessor will arrange a suitable date with the owner, or the assessor may ask the Secretary to make the necessary arrangements. The hope is to visit every breeder annually. Special assessments, other than these annual assessments, will only be done in exceptional cases with approval of the Executive Committee and on condition that the applicant pays for the travel and other costs of the assessor, if the assessor is available. The owner must pay the determined fees for the assessment and recording- and registration fees for every approved horse, as well as travel costs (see Appendix A). The owner will receive a bill for these.
The owner must ensure that his horses are in good physical condition for assessment and that the horses are managable. He must ensure that the horses are at hand when the assessor arrives on the farm. He, or his representative that knows the horse well, must be available to handle the horse and to present it to the assessor. All horses that are presented for assessment must be branded or tattoed with the breeder’s mark and a serial number by the owner (refer to Stipulation 2). The owner must provide firewood or coals with which to heat the brand.
No Nooitgedacht horse will be registered if it does not have a birth certificate and before an assessor of the Society had not approved it.
Horses that can be recorded in the Help Stud Book A & B and the Fully Registered Stud Book must be assessed as follows: mares assessed between the ages of twelve (12) and thirty-six (36) months and stallions assessed between the ages of thirty-six (36) and sixty (60) months. Every Nooitgedacht horse of whom both parents are or was registered, and that has been approved for registration, will be branded by the assessor with the breed mark on the left upperarm.
The assessor must see to it that Base mares that he has approved are branded or tattoed, in his presence, by the owner with his marks and serial number. Base mares can be assessed at any age and are not branded with the breed brand
The assessor will carry the breed brand with him.
If the assessor cannot, for some reason, assess the horse before the maximum prescribed age, the assessment may still take place at a later stage, on condition that the owner has applied for assessment in time, with the understanding that the Council may grant approval to the assessors’ committee to allow belated assessments. The assessor has the authority to, at his discretion, leave the assessment of a horse until the next visit, despite the maximum age refered to above.
Only horses that comply with the breed standards (Appendix B) are eligible for assessment. Assessors must take special note of a horse’s temperament. No horse that cannot be managed with a halter or, without much trouble, in a crush may be approved.
The assesor will either approve or reject every horse, of which the birth certificate has been submitted to him, that is presented to him for approval. He must make himself aware of the colour, identification, age, etc. of the horse that is presented for assessment. Any difference or conflict can disqualify a horse from being recorded in the Stud Book. Colour changes sometimes occur in Nooitgedacht horses during their life times. For this reason, the assessor must make note of such colour changes on the certificate, date it and initial it. Furthermore, he must to his own satisfaction, ensure that the horse complies in all respects to the breed standard as intermittently determined by the Council (Appendix B). The assessor must submit his travel costs along with the forms at the office.
The birth certificates of horses that have been approved, must be signed by the assessor in the space allocated for the purpose and the date of the approval must be filled in. The assessor must send the certificates involved, along with the assessment forms (Appendix B) and the assessment list, to the Secretary for cancellation of the horses’ birth certificates and application for the registration cerificates. Certificates of all unassessed horses above the age of three (3) for mares and five (5) for stallions and of horses that were denied by the assessor or have died, must be handed over to the assessor. The assessor must send the certificates involved to the Secretary for cancellation. The assessor must, within one month after the assessment, send the completed form of every horse that he has assessed (approved or denied) to the Secretary.
The owner will, if the assessor wishes it, present all his Nooitgedacht horses to the assessor and be helpful in all regards in the completing of his responsibilities. It is also expected of the assessor to look at all the Nooitgedacht horses of a breeder during an assessment and, if he deems it necessary, present a report to the Council about the breedery involved.
The assessors in service of the Society may from time to time, on order of the Council, perform a general assessment of any breedery without any prior warning.
The assessors my not accept instructions or commissions from breeders or non-members to enable the buying and selling of Nooitgedacht horses.
A breeder may not act as assessor of his own horses.
It is expected of assessors to act as ambassadors of the Nooitgedacht horse breed at all times and to serve breeders, as far as possible, with advice and counsel.