Constitution
1. NAME AND LOGO
1.1. The name of the organisation shall be the South African Police Union (hereafter referred to as the Union or SAPU) and the logo of the Union shall be the logo determined by the National Congress and shall, together with the name of the Union, appear on all official documents of the Union.
2. OFFICES
2.1 The offices of the union shall be at such places in the Republic of South Africa as the Central Executive Committee may from time to time determine.
3. DOLICILIUM
3.1 The dolicilium of the union will be the Head Office of the union as from time to time determined by the National Executive Committee.
4. AIMS AND OBJECTIVES
4.1 The aims and objectives of the Union are:
4.1.1 To function as a democratic union for employees of the SA Police Service and employees of policing and all other recognised legal law enforcement agencies without limitation as far as race, creed, religion or gender are concerned and to represent and improve the employment, professional, economic, social and cultural interests of such employees.
4.1.2 The Union shall be a non-profit organisation and all income to the Union shall be used to advance and protect the socio-economic and labour interests and rights of the members of the Union.
4.2 The sole purpose of the Union's activities shall be focussed on achieving the main objectives of the Union.
4.3 No profits may be distributed to any person and funds shall only be employed in investment or achieving the aims and objectives of the Union.
4.4 Funds available for investment shall only be invested with a registered financial institution as described in Section 1 of the Financial Institutions Act of 1984 and in shares listed on a licensed stock exchange as described in the Stock Exchange Control Act of 1985.4.5. The Union may not participate in any ordinary trading activities, speculative transactions and the purchase of fixed property with the intent to generate rental income.
5. INTERPRETATION OF THE CONSTITUTION
5.1 Anyone who applies this Constitution must interpretate its clauses so that it
5.1.1 Executes the main objectives of the constitution.
5.1.2 It complies with the rules of interpretation.
5.1.3 It is reconcilable with the objectives of the constitution.
5.2 This Constitution shall be made available to members in an official language. In the case of confusion or a dispute which may arise between the English Version of this Constitution and a version in any other language, the interpretation and format of the English version shall be recognised.
5.3 All questions regarding the interpretation or drafting of this Constitution shall be resolved by the Central Executive Committee, whose decision shall be final.
5.4 The Union shall be known as a Trade Union.
6. DEFINITIONS
6.1 For the purpose of this Constitution the following words and expressions have the meanings
assigned to them respectively.
6.2 Appeals authority shall be decided by the NEC on an adhoc basis.
6.3 National Congress means the National Congress of the South African Police Union comprising of the Delegates to a meeting of the Congress.
6.4 National Office Bearers means members elected at the National congress to the positions of
President, Deputy President, first and second vice-presidents, and includes the general secretary and treasurer as appointed by service contract as full time officials of the union.
6.5 Regional Office Bearers means members elected at the Regional Congress to the position of
Regional Chairperson and Regional Vice Chairperson and includes the Regional Secretary as
appointed as full time official.
6.6 Central Executive Committee means the National Office Bearers elected and appointed by
National Congress, and the regional office bearers elected and appointed by regional congresses, one delegate for every completed 2000 members in such region elected in terms of the principle that the Regional delegation shall in so far as this is practicable reflect the station/ unit, service and gender composition of the region.
6.7 National Executive Committee means the National Office Bearers holding the posts of President, Deputy-president, 1st and 2nd Vice-Presidents, Regional Chairpersons, General Secretary, Deputy general Secretary, Treasurer, Departmental Heads at Head-Office as ex-officio members, as well as regional secretaries as appointed in full time positions.
6.8 Regional Congress means the Regional Office Bearers, Regional Executive Committee and 1 (one) delegate per 100 members in that region.
6.9 Member means any person accepted as a member in terms of clause 7, 8 and 9.
6.10 Police means the South African Police Service.
6.11 Policing means the function as defined in terms of the SA Police Service Act 1995 as amended and all other recognised legal law enforcement agencies.
6.12 Employee means all serving members of the South African Police Service and all other recognised legal law enforcement agencies.
6.13 Official means a person in the employment of the Union excluding elected office bearers.
6.14 Shopsteward means a person who is elected to represent the union and act on behalf of or assist a member in a place of work excluding members with the rank of Directors or equivalent ranks and higher positions.
6.15 The Regional Executive Committee means the committee elected within a region by the delegates at a regional Congress and includes the Regional Office Bearers, and eight additional members. The 8 (eight) additional members shall as far as possible apply the principle of gender equity and representavity in such representation.
6.16 Region means a de-markated area of the Republic of South Africa as determined from time to time by the Central Executive Committee.
6.17 Area means the classification of a Police area or specified groups of employees as determined from time to time by the Central Executive Committee.
6.18 Regional Gender Committee means one representatives of each National Gender Committee and co-ordinated by the National Office Bearer responsible for Gender.
6.19 Regional Gender Committee means one representatives of each area gender forum co-ordinated by the Regional Office Bearer responsible for gender.
6.20 Area Gender Committee means at least one representatives per station/workplace co-ordinated by the area office bearer responsible for gender.
6.21 National Full Time Shopsteward means an elected shopsteward who is elected to represent the union and act on behalf of or assist members on National level as elected by the NEC.
6.22 Regional Full Time Shopsteward means an elected shopsteward who is elected to represent the union and act on behalf of or assist members in a workplace or region as elected by the REC.
6.23 National Fincom means a committee elected from the National Executive Committee by the National Executive Committee including the General Secretary and Treasurer to manage the financial expenses in accordance with the National Budgets and policies.
6.24 Regional Fincom means a committee elected by the Regional Executive Committee including the Regional Secretary to manage the financial expenses of the Region.
6.25 Days mean working days excluding Saturdays, Sundays and public holidays.
6.26 Contracted official means a person contracted to SAPU in a legal or other capacity and shall for the purpose of the Grievance/ Disciplinary Procedure and Collective Bargaining be deemed "officials" of the union. (This does not constitute an employer employee relationship between the contractee and SAPU).
7 BODY CORPORATE
7.1 The Union is a Body Corporate and may summons and be summonsed in its name and may be
the owner of assets, movable or immovable, obtained by way of financing or otherwise.
8 MEMBERSHIP
8.1 General
8.1.1 Membership is open to all employees as contemplated in Clause 6.12.
8.1.2 The number of members of the Union shall be unlimited.
8.2 Membership categories
8.2.1 Members
8.2.1.1 A member as defined in clause 6.9 and 6.12 shall be entitled to all privileges and benefits of the membership and has the right to vote.
8.2.1.2 If a member resigns or retires from his place of employment or his services are terminated; he shall forthwith cease to be a member and shall no longer be entitled to the benefits of membership.
8.2.1.3 Members whose services have been terminated as a result of a labour dispute or in any circumstances which in the opinion of a Area Executive Committee or Regional Executive Committee are unfair, remain members until such time as the Regional Executive Committee, National Executive Committee or Central Executive Committee should decide that no further steps challenging such dismissal can be pursued.
8.2.1.4 Members who are reservists within the ambit of the Police Act as determined by the NEC excluding SAPU officials.
8.2.2 Honorary members
8.2.2.1 Honorary membership may be conferred on any person not otherwise eligible for membership.
8.2.2.2 Honorary members shall not be liable for the payment of dues and shall not be entitled to attend any official meetings of the Union or be a members of any committee except when invited by the Union on grounds of a contribution which will benefit the interests of the Union. They shall also not be entitled to vote at any meeting or to hold any office.
8.2.2.3 Persons eligible to become members and who are not members cannot become honorary members.
8.2.3 Should a member’s membership of the Union be suspended or terminated for any reason whatsoever such member shall not be entitled to any benefits of membership for the duration of such suspension or termination, provided that the member shall have the right to appeal against such suspension or termination of membership, to the National Executive Committee. Provided that in the case of the suspension of a member, that member shall have the right to apply in writing to the National Executive Committee to keep the benefits of membership and the decision of the Executive Committee will be final and binding in this regard. Such application in writing should be done within 14 days from the date of suspension.
9 APPLICATION FOR MEMBERSHIP
9.1 An employee who wishes to become a member shall apply for membership on the prescribed
application form, together with the stop-order authorisation for monthly subscriptions.
9.2 Paid-up members
9.2.1 When the first payment of the monthly subscription has been deducted from the member’s salary and paid over to the Union, such a person would be deemed a paid-up member of this Union and afforded all privileges and benefits.
9.3 Non paid-up members
9.3.1 A person whose subscription fee has not been deducted from his/her salary will be deemed a non paid-up member and afforded all privileges and benefits due to a paid-up member, except for the following:
9.3.1.1 Participation in any benefits from any Group Scheme for paid-up members.
9.3.1.2 Any other benefit that is provided by an outside contractor to Union members should the contract not provide therefor.
9.3.1.3 Such a member shall not have the right to vote or be counted for a vote to any position of office bearer in the Union.
9.3.2 The National Executive Committee has the power to veto an application for membership and their decision will be final.
9.4 An applicant shall become a member
9.4.1 After approval of his/her membership and
9.4.2 By complying with the provisions of this Constitution.
10. ENTRANCE FEES AND SUBSCRIPTIONS
10.1 The subscription of membership of the Union shall from time to time be determined by the Central Executive Committee and based upon the broad operational requirements of the union and will be binding on all members and may be payable in twelve proportional payments (maximum of R40-00) to be deducted from the employee’s salary by means of a stop-order authorised when applying for membership.
10.2 Entrance fees as determined by the Council shall be payable on application.
10.3 An applicant shall when applying for membership simultaneously give authority to the employer for the deduction of his/her subscription by the employer to the advantage of the Union. The application form shall also contain a stop order and the latter shall be forwarded to the employer on acceptance as a member.
10.4 Should a member terminate his/her membership of the Union and re-apply at a later date without having terminated his/her employment with his/her employer, such member will be liable for the payment of all subscriptions from the date of such termination of membership to the date of re-application or any portion thereof as may be determined by the regional office bearers before membership is again granted. This provision is not applicable to an employee who has left the employment of his employer and has been re-employed.
10.5 A member may resign by giving 3 months’ notice in writing to the National Executive Committee, provided that no resignation shall take effect until all moneys due to the trade union by the member concerned have been paid.
10.6 A member whose membership fees are more than 3 months in arrears shall automatically cease to be a member of the trade union. Such person shall, however, be liable for all moneys due to the trade union as at the date on which he/she ceases to be a member of the trade union.
10.7 A member on suspension, pending departmental or disciplinary hearings, and whose remuneration has been suspended is responsible to maintain his/her payment of membership dues to the Union during the period of suspension.
11 NATIONAL CONGRESS
11.1 POWERS AND FUNCTIONS OF THE NATIONAL CONGRESS
11.1.1 The National Congress shall be the supreme governing body of the union and may adopt, amend or reverse any policy adopted, or decision made by any other structure of the union.
11.1.2 It is the function of the National Congress to adopt general and specific policies and guidelines to govern the affairs of the union.
11.1.3 All policy decisions of the Congress shall be made by written resolution duly proposed, seconded and voted upon.
11.2 COMPOSITION OF NATIONAL CONGRESS
11.2.1 Delegates to National Congress shall be elected by the Regional Executive Committee at a Regional Congress on nominations submitted by the Shopsteward Committees on the basis of 1 representative for every 1000 members and 1 representative to every complete 501 members per region.
11.2.2 In determining such representation the Regional Executive Committee and Regional Executive Committee shall make its best endeavour to apply principles of gender equity and fair proportional representation as between stations, area and interest groups within the region.
11.2.3 The national office bearers of the union shall be delegates to Congress and the General Secretary and Treasurer as well as Department Heads, ex-officio, will be delegates without voting rights.
11.2.4 The Regional office bearers shall be delegates to the National Congress (over
and above the numbers derived from 11.2.1) and Regional Secretaries will be delegates without voting rights.
11.2.5 Only Shopstewards, including those officials that are ex-officio, shall be delegates to the National Congress.
11.2.6 The Central Executive Committee may for any Congress determine through an equitable formula the number of additional officials per Region who may attend the Congress, which number shall not exceed 20 % of the total delegates to Congress.
11.3 MEETINGS OF NATIONAL CONGRESS
11.3.1 The National Congress shall take place at least once in 4 years and may be called into special session by majority decision or written requisition of a majority of Central Executive Committee representatives.
11.3.2 The quorum for National Congress shall be 50 % + 1of the delegates entitled to be present provided at least 50 % + 1 of the regions are represented.
11.3.3 Voting at Congress shall be by Regional block vote counted by number of delegates present unless 5 out of 10 regions support a motion that voting is by
individual secret ballot.
11.3.4 Whether voting is by regional block vote by show of hand or by individual ballot a decision shall be made on the basis of 50 % + 1.
11.4 NOTICE, AGENDA AND RESOLUTIONS
11.4.1 Four (4) months written notice of a normal meeting of the National Congress shall be given to all Shop Steward Committees and Regions setting out the framework of the agenda and areas of concern to the Central Executive Committee and calling for resolutions on any matters which are of concern to Stations, areas or regions or any proposed constitutional amendments.
11.4.2 A special meeting of the National Congress may be convened on no less than 30 days notice.
11.4.3 Shopstewards Committees and members shall discuss such proposed agenda and may within one month propose additional items or submit written resolutions or constitutional amendments to their Region for consideration by the Regional Congress or Regional Executive Committee as the case may be.
11.4.4 The Central Executive Committee may further submit resolutions for debate at the National Congress and shall ensure that any policy resolutions, which it has adopted in the period since the last National Congress, are included for scrutiny adoption or amendment by National Congress.
11.4.5 All resolutions or constitutional amendments shall be submitted to the Head Office of the union no less than 2 months prior to the National Congress for compilation with the agenda, General Secretary’s Report and Audited Financial Statements and be circulated to all regions no less than 6 weeks prior to the Congress.
11.4.6 During the period of 6 weeks leading up to the National Congress such resolutions, constitutional amendments and reports shall be discussed by all Shopsteward committees and further by the Regional Executive Committee’s or Area Councils to formulate each region’s and area’s position and approach to the adoption, amendment, or rejection thereof by the National Congress.
11.4.7 Late resolutions, in writing, in the National Congress shall only be considered if a resolution allowing this has first been adopted by the Congress in respect of each particular such resolution by two-third majority.
11.4.8 The meeting shall be presided over by the President assisted by the National office bearers and by the General Secretary.
11.4.9 The meeting shall be conducted in terms of rules and procedures consistent with acceptable democratic practises, which shall be adopted by the Central Executive Committee.
11.4.10 Amendments to the Constitution by the National Congress will be subject to prior submission to the Commissioner of South African Revenue Service.
11.5 NOMINATION AND ELECTION OF NATIONAL OFFICE BEARERS
11.5.1 The Congress shall elect from amongst its members a President and Deputy President, first and second Vice Presidents promoting equity and fair representation on the basis of race, gender, age and disability. Existing elected National Office Bearers are also eligible for re-election.
11.5.2 The constitution further prescribes that voting shall be conducted by ballot only. This is to ensure the secrecy of the elections.
11.5.3 Where such National Office Bearers are persons who are already office bearers of a Shopsteward committee or Region they shall vacate such positions, which shall be filled by others, elected by the relevant structure.
11.5.4 The Office Bearers elected by the Congress, including the office-bearers appointed in full time positions, shall also be the Office Bearers of the Central Executive Committee and National Executive Committee.
11.5.5 Office Bearers shall perform all of the normal functions associated with such office and as set out in Section 23.
11.5.6 The elections of all the national office bearers shall be monitored by an identified independent electoral body.
11.5.7 If there is only one nominee for a position then he/ she will be duly elected in terms of clause 16.4.4.
11.5.8 Only delegates with confirmed credentials are eligible to vote.
11.5.9 Each delegate will have one vote per position i.e. president, deputy president, 1st vice-president and 2nd vice president.
11.5.10 Time for closure of nominations must be decided upon by the congress and announced by the chairperson. This is to ensure that ballots are processed in time. Only nominations that are duly seconded will be accepted e.g. one region nominates and another region seconds. Nominee must also accept nomination.
11.5.11 For transparency reason one (1) elected member per nominee must be identified
by the respective candidates to monitor the counting and reconciliation of ballot papers.
11.5.12 Only results that are signed by the elections officials and monitors are deemed to
be constitutional and fair.
11.5.13 Finally the election officials will declare whether elections were free and fair and
make the announcement on the outcome of the elections.
12. NATIONAL EXECUTIVE COMMITTEE
12.1 COMPOSITION
12.1.1 The National Executive Committee shall consist of:-
12.1.1.1 All Elected National Office Bearers included, General Secretary, including Departmental Heads at Head office, as ex-officio members.
12.1.1.2 The Regional Chairperson or Vice Chairperson with the Regional Secretary as ex-officio. The Regional Vice Chairperson can act as a secundus in the absence of the Regional Chairperson.
12.2 MEETINGS
12.2.1 The National Executive Committee shall meet at least three (3) times a year between meetings of the Central Executive Committee and may be convened at any time should the National Office bearers so decide.
12.2.2 Notice of meeting shall be given at least 21days in advance unless in the case of
a special meeting shorter notice is necessitated. Such lesser notice shall not be less than 48 hours.
12.2.3 A quorum for the meeting shall be a majority of National Executive Committee members. If there is no quorum such meeting shall stand adjourned and be reconvened by written notice to all members within 21days. Such meeting shall be deemed quorate.
12.2.4 Where consensus cannot be reached a vote by show of hands supported by a majority of 50 % +1 of those present shall decide the matter, subject to clause 29.7.
12.3 POWERS AND FUNCTION
12.3.1 To co-ordinate and oversee the implementation of union policy as determined by
the National Congress and Central Executive Committee.
12.3.2 To monitor the implementation and development of union structures and campaigns and to request compliance where it considers that there is a failure to comply with this constitution or union policy.
12.3.3 To carry out such powers of the Central Executive Committee as may be delegated by the Central Executive Committee.
12.3.4 To make recommendations on policy issues to be decided upon by the Central
Executive Committee and initiate policy debate within the union to prepare for determination of policy by the Central Executive Committee.
12.3.5 To refrain from adopting new policies or exercising any of the powers of the Central Executive Committee unless in circumstances where any delay would seriously undermine the vital interest of the union and subject to the ratification of such decisions or actions by the next Central Executive Committee or a special Central Executive Committee.
12.3.6 To determine all employment policies in the union including the establishment or
rationalisation of posts and the terms on which FINCOM may manage employment policies. This must be ratified by the Central Executive Committee.
12.3.7 To approve all conditions of employment and procedural rules in relation to it’s
employees. This must be ratified by the Central Executive Committee.
12.3.8 To open and operate National Bank Accounts in the name of the union and to
determine what other accounts in regions and branches may be operated and to close or suspend any such accounts of the union and to determine the terms under which the FINCOM may exercise delegated powers in this regard.
12.3.9 To adopt a Consolidated annual budget for the union based on proposals from
Head Office and regions of the union and determines the allocation of funds to Regions or other purposes.
12.3.10 To acquire by purchase, lease or otherwise or sell, mortgage or lease moveable or immovable property and determine the terms under which the FINCOM and lower structures may manage such transactions.
12.3.11 Shall be specifically responsible for the supervision of all financial administration of the union within their area of jurisdiction.
12.3.12 To institute legal proceedings within guidelines approved by the Central Executive Committee from time to time.
12.3.13 The National Executive Committee and Central Executive Committee shall have the power to employ subject to clause 29.2 and 29.3.
12.3.14 To amend, reverse or prohibit any decision or activity of a branch, it's sub-structures or region which it considers to be against the interest of the union or its members or which is not in compliance with adopted policy upon good cause shown and reasonable notice such decision can only be embarked on after a decision by the full NEC in sitting subject to clause 14.3.6 and 14.3.7.
12.3.15 To decide on any matters concerning reservists.
12.3.16 To elect National Full time shopstewards.
12.3.17 To elect trustees on any trust which is applicable.
13. NATIONAL GENDER COMMITTEE
13.1 To established a National Gender Committee, consisting of 1 representatives of each Regional Gender Committee.
13.2 The National Office Bearer responsible for Gender shall act as mandating structure for the National Gender Committee.
13.3 The Committee shall elect from amongst its members a Chairperson, Vice Chairperson, Secretary and additional members.
13.4 The Regions from which such office bearers are elected shall be entitled to appoint replacement representatives of their region.
13.5 Meetings shall take place at least 3 times a year prior to meetings of the National Executive Committee.
13.6 The National Gender Committee shall perform the following functions:
13.6.1 Co-ordinate and facilitate over gender issues in the union,
13.6.2 advise and empower over negotiations,
13.6.3 advise on union policy and programmes,
13.6.4 provide mandates to national office bearer over gender issues and
13.6.5 manage and administer gender budget and gender desk.
14. CENTRAL EXECUTIVE COMMITTEE
14.1 COMPOSITION
14.1.1 The Central Executive Committee shall consist of:-
14.1.1.1 The National Office Bearers at Congress shall also be the Office Bearers of the Central Executive Committee and National Executive Committee.
14.1.1.2 Office Bearers shall perform all of the normal functions associated with such office and as set out in Section 23.
14.1.1.3 All Regional Office Bearers including the regional secretary and all departmental heads situated at Head-Office as ex-officio.
14.1.1.4 One representative for every 2000 and one additional representative for every completed 1001 members in such region elected in terms of the principle that the Regional delegation shall in so far as this is practicable reflect the station, area and gender composition of the region.
14.1.1.5 Any official of the Union shall attend as decided by the National Executive Committee or National Office Bearers.
14.2 MEETINGS
14.2.1 The Central Executive Committee shall meet at least once every 4 years and always before a National Congress.
14.2.2 Notice of normal meetings shall be given no less than one month in advance setting out matters to be discussed and calling for notification of any resolutions or further items.
14.2.3 Regions wishing to submit resolutions or requesting additional items shall do so in writing no less than 28 days prior to the scheduled date of the meeting. The General Secretary shall circulate the agenda 21 days prior to the meeting.
14.2.4 Special meetings of the Central Executive Committee may be convened if the National Executive Committee by a majority vote or the National Office Bearers by unanimous decision so decide o on a requisition stating the issues requiring such meeting signed by a majority of Central Executive Committee representatives.
14.2.5 Special meetings shall be convened as urgently as is necessary but on no less than 14 days notice.
14.2.6 The quorum for the Central Executive Committee shall be at least a majority of representatives provided that at least 50 % + 1 of regions are represented.
14.2.7 In the event of no quorum the meeting shall stand adjourned and be reconvened within a period of no more than 4 weeks.
14.2.8 Voting in the Central Executive Committee shall be by regional block vote counted by number of representatives present unless 5 (five) out of 10 (ten) regions vote for individual secret ballot.
14.2.9 Whether voting is by regional block vote, by show of hand or by individual ballot a decision shall be made on the basis of 50 % + 1.
14.3 POWERS AND FUNCTIONS
14.3.1 To act as the highest governing body of the union between National Congress and in terms of policies determined by the National Congress.
14.3.2 To make policy where no Congress policy exists and to interpret Congress resolutions.
14.3.3 To interpret this constitution between Congresses and to decide on all matters of procedure on which the constitution may be silent.
14.3.4 To adopt meeting procedures appropriate for different types of meetings within the union, which are consistent with democratic practises and effective decision making.
14.3.5 To decide demarcations, guidelines and criteria as determined by the constitution and to make rulings on any organisational matter which will enhance the union’s development.
14.3.6 To suspend any structure of the union (for a period not exceeding one year) in the event of its failure to comply with this constitution or if in its opinion such structure has or is acting contrary to the interests of the union.
14.3.7 Provided that prior to any such suspension the structure concerned shall be given 7 days notice of its right to have no more than 3 of its members to present its case at the Central Executive Committee when such decision is made.
14.3.8 In the event of such suspension the Central Executive Committee shall take such steps as are necessary to ensure the continuity of services to members and as may be necessary to re-establish such structure.
14.3.9 To co-ordinate and supervise the activities of the union and promote the interest of the union and its members.
14.3.10 To review and recommend any decision or activity of a region or its sub-structures which it considers being in the interest of the union.
14.3.11 To amend, reverse or prohibit any decision or activity of a region or its sub-structures which it considers to be against the interest of the union or its members or which is not in compliance with adopted policy.
14.3.12 To negotiate on, reach agreement, declare disputes and attempt to resolve such disputes with employers or any other bodies and determine rules in terms of which lower structures may do so.
14.3.13 To decide on policy and guidelines in respect to the instituting of legal action by the union and in regard to its delegation of such powers to the National Executive Committee.
14.3.14 To appoint a standing disciplinary sub-committee consisting of 4 (four) of its members to hear, determine and implement its findings in terms of the union’s staff disciplinary procedure in matters relating to employees in head office posts and to
hear appeals from regional staff.
14.3.15 To ratify or substitute Disciplinary decisions after appeal proceedings have been exhausted.
14.3.16 To appoint sub-committees to investigate and report on any matters and to delegate powers of decision making to such sub-committees or the National Executive Committee between Central Executive Committee meetings and subject to ratification by
the next Central Executive Committee.
14.3.17 To do such other things as in the opinion of the Central Executive Committee is in the interests of the union and which are not inconsistent with this constitution, union policy or any law.
15. GENERAL, REGIONAL, AREA AND OTHER SECRETARIES
15.1 Shall be responsible for the co-ordination and effective administration and management of the union offices and of the unions’ activities within their area of jurisdiction.
15.2 Shall be specifically responsible for the supervision of all financial administration of the union within their area of jurisdiction.
15.3 Shall be responsible for the overall co-ordination of all other officials of the union within their area of jurisdiction.
15.4 Shall only enter into agreements on behalf of the union where the Central Executive Committee or National Executive Committee has empowered them through specific delegated authority to enter into such agreements.
15.5 Shall take minutes of the Committee, Council or Congress for which they are responsible, keep copies of all such minutes, and ensure their confirmation at each succeeding normal meeting of the committee.
15.6 In accordance with the provisions of section 98(1)(b) of the Labour Relations Act 1995, the general secretary and each regional and area secretary shall prepare a statement of income and expenditure and a balance sheet in respect of each financial year ending on the 31 January. Such statements and balance sheets shall be audited and dealt with as required by section 98(2) of the Act.
16. SHOP STEWARDS AND SHOP STEWARD COMMITTEES
16.1 DETERMINATION OF CONSTITUENCIES
16.1.1 The Central Executive Committee shall have the power to determine a set of guidelines to ensure that members are represented in constituencies by elected shop stewards.
16.1.2 A shop steward constituency shall be based on a defined group of members in a particular work place, section of work place or number of workplaces or for purposes of promoting equity and fair representation on the basis of gender, age, disability and race.
16.2 JURISDICTION OF SHOP STEWARD COMMITTEES
16.2.1 All shop stewards shall be members of a shop steward committee with
a defined jurisdiction.
16.2.2 The Central Executive Committee shall determine a set of guidelines
for the determination of shop steward committees’ jurisdictions.
16.3 COMPOSITION OF SHOPSTEWARDS COMMITTEE
16.3.1 A shopstewards committee shall consist of the shopstewards at stations,
branches and units in the respective station.
16.4 ELECTION OF OFFICE-BEARERS AND SHOP STEWARDS
16.4.1 Elections shall be conducted by shop stewards or officials of the union appointed by the relevant structure as election officers. In making such appointments the relevant structure may take into account nominations by the relevant structure but shall be guided by the principle that election officers be persons who are neutral in respect to the outcome of such election.
16.4.2 Members in a constituency must be given at least 7 days notice of a meeting to be held to commence the election process. Such notice shall set out the time and place of such meeting.
16.4.3 At such meeting the first step shall be that members are required to appoint from their numbers sufficient scrutinisers to assist with the counting of the votes.
16.4.4 Members shall then be requested to make nominations. Such nominations shall be made in writing on the union’s standard nomination form and signed by the proposer and seconder. If there is only one nominee such nominee shall be declared duly elected.
16.4.5 Members eligible to vote in terms of the constitution for the nominee shall vote and each member shall have one vote. Voting shall then be conducted by ballot.
16.4.6 The election officer shall be responsible for reporting on the election on the union’s standard report form.
16.5 ELIGIBILITY AND TERM OF OFFICE
16.5.1 Any member in the constituency is eligible for election including a shop steward whose term of office has expired.
16.5.2 The term of office of a shop steward shall be for 4 years. Where elected in a by-election the term of office shall be the remainder of the term of the previous shop steward.
16.5.3 A shop steward may be removed from office through a recall ballot. o effect such ballot members in a constituency must lodge a petition signed by at least 50 % + 1 of the members in the constituency with the Shopsteward Committee who shall forward a copy to the Regional Secretary.
16.5.4 The Regional Secretary shall ensure that within no more than 14 days of receipt an election by ballot is held. The incumbent shop steward shall be entitled to contest such election if nominated.
16.5.5 A shop steward may cease to be a shop steward on resignation from employment, transfer or promotion out of the constituency, or if membership should cease for any reason.
16.5.6 A shop steward may resign as a shop steward on one months written notice to the shop-stewards committee.
16.5.7 A shop steward who fails to attend 3 consecutive meetings of a shop steward committee without good reason may be declared by the committee to have ceased to be a shop steward. Provided that the committee shall inform the Area Executive Committee of such decision and ensure that a by-election is held.
16.6 FULL TIME SHOP STEWARDS
16.6.1 The Central Executive Committee shall have the power to determine a set of general and specific rules to govern agreements on and the duties of full-time shop stewards.
16.6.2 A full-time shop steward may be demarcated to represent a particular work place, section of a work place or across small work places within a given geographic locality or for purposes of promoting equity and fair representation on the basis of gender, age, or disability, or any other ground.
16.6.3 A shop stewards committee or area council appropriate to the constituency demarcated by the Central Executive Committee shall elect them.
16.7 OFFICE BEARERS OF COMMITTEE
16.7.1 Shop stewards committees shall elect from amongst their number a Chairperson, Vice Chairperson and Secretary. Such election shall be conducted by ballot.
16.7.2 Office Bearers shall be responsible for the general functioning of the committee and to carry out the duties normally associated with such office as further detailed in Section 23.
16.8 MEETINGS OF COMMITTEES
16.8.1 Committees shall meet as frequently as necessary to discharge the responsibilities vested in them but in any event shall meet at least once every month in a formal meeting for which no less than 7 days notice has been given.
16.8.2 A quorum for such meetings shall be at least 50 % + 1 of the committee. In the event that no quorum is present within 30 minutes of the scheduled time of the meeting it shall stand adjourned to a time and place no less than 2 hours later. Provided reasonable efforts have been made to ensure the attendance of those not present at the original time and place, such meeting shall be considered quorate.
16.8.3 Committees have the duty to plan and schedule meetings in advance for each calendar year and to inform the Area Executive Committee and Regional Office Bearers of such schedule of meetings.
16.8.4 Where consensus cannot be reached on any issue a vote by show of hand supported by a majority of 50 % + 1 of those present shall decide the matter.
16.8.5 Copies of the minutes of all meetings shall be sent to the Area Secretary and Regional Office.
16.9 DUTIES OF SHOP STEWARDS AND THE COMMITTEE
16.9.1 A shop steward committee is responsible for running the affairs of the union in its area of jurisdiction.
16.9.2 Shop stewards are responsible for representing members generally in negotiation with management provided that they may not enter into any agreement with management unless delegated such power by the National Executive Committee.
16.9.3 To organise unity through recruitment and the promotion of disciplined and democratic practises in the union.
16.9.4 To investigate and take up members grievances and to defend members against disciplinary actions.
16.9.5 To settle disputes by conciliatory methods where management makes this possible.
16.9.6 To attend all shop steward committee meetings and Area Council meetings, councils of which they are part.
16.9.7 To attend such other union meetings as they are elected to attend in terms of this constitution or as may be decided by the union.
16.9.8 To educate themselves and members about the union and the particular skills needed to advance members’ interests.
16.9.9 To obtain mandates from members on any issues or matters of policy that members wish to be dealt with by the union. To report back to and obtain mandates from members on any issue or policy which higher structures may require to be addressed.
16.9.10 To implement duly agreed policies and campaigns of the union.
16.9.11 To encourage members to abide by the union’s constitution and policies and to use democratic means and procedures to obtain such amendment to the constitution or policies of the union as they may consider necessary.
17. AREA COUNCILS
17.1 ESTABLISHMENT
17.1.1 Area Councils may be established within any Area of the union.
17.1.2 The establishment of an Area Council shall be subject to ratification by the Regional Congress concerned and the Central Executive Committee.
17.2 DUTIES OF AREA COUNCIL
17.2.1 An area council is responsible for running the affairs of the union in its area of jurisdiction.
17.2.2 It shall elect representatives to the Area Executive Committee as provided for in clause 18.5.
17.2.3 To obtain mandates from the Shopstewards committees in its area on any issues or matters of policy that members wish to be dealt with by the union. To report back to and obtain mandates from such Shopstewards committees on any issue or policy which higher structures may require to be addressed.
17.2.4 To implement duly agreed policies and campaigns of the union.
17.3 MEETINGS
17.3.1 Area Councils shall meet at least 1 (once) a year before a Regional Executive Committee meeting.
17.3.2 The quorum for such meeting shall consist of 50 % +1 of the members of the Council provided there is a representative from at least 50 % + 1 of the shop stewards committees represented.
17.3.3 Where consensus cannot be reached on an issue a vote by show of hands supported by a majority of 50 % +1 of those present shall decide the matter.
17.4 OFFICE BEARERS
17.4.1 The Office Bearers of an Area Council shall consist of a Chairperson, Vice Chairperson and Secretary.
17.4.2 They shall be responsible for the co-ordinating of the affairs of the shop stewards committees within their area and shall perform the normal functions associated with such office in terms of Section 12.
18. AREAS OF THE UNION
18.1 DEMARCATION OF AREAS
18.1.1 The Central Executive Committee shall have the power to demarcate areas of the union within the jurisdiction of regions.
18.1.2 All members shall be members of a particular Shopsteward committee of the union.
18.2 COMPOSITION OF AREA COUNCILS
18.2.1 An Area Council shall consist of all chairpersons of the Shopstewards committee of the union within the area.
18.2.2 The Area Secretary shall be an elected member of the Council
18.3 POWERS AND DUTIES OF AREA COUNCIL
18.3.1 To elect by ballot the Office Bearers of the Area for a 4 year term of office.
18.3.2 To develop union policy and area mandates in the process of Regional and National Congresses policy development.
18.3.3 To develop union policy and area mandates in the process of Regional and National Congresses policy development.
18.3.4 To implement campaigns of the union and duly agreed policies.
18.3.5 To perform a general role in the mobilisation and unification of the union and it’s membership within the area.
18.3.6 The Area Council shall have general powers of review over the activities of Shopstewards committees within the Area and over the Area Executive Committee (AEC).
18.4 OFFICE BEARERS OF AN AREA
18.4.1 The Office Bearers of an area shall be the Chairperson, Vice Chairperson and Secretary for a term of office of 4 years.
18.4.2 The Chairperson, Vice Chairperson shall be elected by ballot by the Area Council from amongst its members.
18.4.3 The Area Secretary may be elected from the Shopstewards or officials in the area.
18.4.4 Elected Office Bearers may be removed from office in the event that a majority of the Area Council voting by ballot should so decide. A motion to institute such ballot shall be passed by at least 50 % + 1 of those entitled to vote.
18.4.5 Office Bearers shall perform the normal functions associated with such office in terms of Section 23.
18.5 COMPOSITION OF AREA EXECUTIVE COMMITTEE
18.5.1 An Area Executive Committee shall be composed of the Area Office Bearers and 7 (seven) additional representatives from the Shopstewards committee existing within the Area and one Gender representatives.
18.5.2 Where there is more than one representative the Area Council shall make every endeavour to apply the principle of gender equity and representavity by interest groups.
18.6 MEETINGS OF THE AREA EXECUTIVE COMMITTEE
18.6.1 The Area Executive Committee shall meet at least 4 (four) times in a year.
18.6.2 Notice of such meeting shall be given in writing on no less than 21 days notice stating the place and time of the meeting.
18.6.3 A quorum for such meeting shall be no less than 50 % +1 of the members of such committee.
18.6.4 In the event of there being no quorum within 1 hour of the scheduled time of such meeting a further meeting may be called no sooner than 5 days later. Provided that every effort has been made to inform all members of the date, time and venue of such adjourned meeting such meeting shall be considered quorate.
18.6.5 All meetings shall be conducted in terms of a meeting procedure adopted by the Central Executive Committee.
18.7 POWERS OF AREA EXECUTIVE COMMITTEES
18.7.1 To be responsible for the affairs of the union within the area and to implement policies and programmes of the union.
18.7.2 To supervise and co-ordinate the activities and meetings of shop stewards committees within the Area.18.7.3 To review and confirm, amend or reverse any decisions of the shop steward committees it considers to be against the interests and policies
of the union subject to such structure having the right to appeal to the Regional Executive Committee on such matter.
18.7.4 To make budgetary recommendations to the Region for its approval within the context of the regional budget.
18.7.5 To deal with negotiations and attempt to reach settlement of any disputes only on such issues as it has delegated powers from the Regional Executive Committee or Central Executive Committee.
18.7.6 To refer all such disputes as may require legal proceedings to the Regional Executive Committee for its decision.
18.7.7 To appoint a sub-committee to investigate and report on any matter.18.7.8 To supervise Shopstewards within the area and to institute formal disciplinary steps in terms of the disciplinary procedure.
18.7.9 To do such other things as in its opinion and in the interest of the union and are not inconsistent with this constitution and union policy.
19. AREA GENDER COMMITTEE
19.1 To established an Area Gender Committee, consisting of one representatives from stations/unit/workplaces
19.2 The Area Office Bearer responsible for Gender shall act as a mandating structure for area gender forums.
19.3 The forum shall elect from amongst its members a Chairperson, vice Chairperson, Secretary and additional members.
19.4 Meetings shall take place at least two times a year.
19.5 The Area Gender Committee shall perform the following functions:
19.5.1 Act as a platform for both men and women to discuss and raise gender issues.
19.5.2 Recruit and involve more women in union activities.
19.5.3 Implement campaigns and programmes
19.5.4 Represent members over gender related grievances
19.5.5 Provide mandates to office bearers on gender issues.
20 REGIONS OF THE UNION
20.1 DEMARCATION OF REGIONS
20.1.1 The demarcation of Regions of the union shall be determined by resolution of
the Central Executive Committee.
20.1.2 Regions shall be based on all membership within a given geographic area.
20.2 COMPOSITION OF REGIONAL CONGRESS
20.2.1 Delegates to the Regional Congress shall consist of Regional Office Bearers plus 1 representative for every completed 100 members in the area.
20.2.2 In determining such representation the Area Executive Committee shall endeavour to ensure that there is proportional representation of all interest groups, and the gender composition of the area.
20.2.3 Only shop stewards shall be delegates to Regional Congresses.
20.3 OFFICE BEARERS OF THE REGION
20.3.1 The Regional Congress shall elect from amongst its members a Chairperson and
vice-chairperson.
20.3.2 Where such Office Bearers are persons who are already office bearers of an area
they shall vacate such positions, which shall be filled by others elected by the
relevant structure.
20.3.3 The Office Bearers elected by the Regional Congress shall also be the Office
Bearers of the Regional Executive Committee, including the Regional Secretary
appointed by a service contract.
20.3.4 Office Bearers shall perform all of the normal functions associated with such
office in terms of Section 23.
20.4 POWERS AND FUNCTIONS OF THE REGIONAL CONGRESS
20.4.1 The Regional Congress shall be the highest policy making body of the union within a region and may adopt, amend or reverse any policy adopted, or decision made by any substructure within the region and within its jurisdiction or by the Regional Executive Committee.
20.4.2 It is the function of the Congress to develop policy and provide mandates for the
Region for further debate and adoption as policy of the union through the National Congress and Central Executive Committee.
20.4.3 All policy decisions of Congress shall be made by written resolution duly proposed, seconded and voted upon.
20.4.4 The powers of a Region to determine policy on any issue shall be subject to ratification, amendment or reversal by the Central Executive Committee and National Congress.
20.4.5 During elections at the Regional Congress the "Ten Golden Rules for Fair Elections" must be applied.
20.4.5.1 The elections of all office bearers are determined by clause 16.4 Shopstewards, officials or people appointed by relevant structures; and have been appointed in terms of the national guidelines approved by the National Executive
20.4.5.2 If there is only one nominee for a position then he/ she will be duly elected in terms of clause 16.4.4.
20.4.5.3 The constitution further prescribes that voting shall be conducted by ballot only. This is to ensure the secrecy of the elections.
20.4.5.4 Only delegates with confirmed credentials are eligible to vote and existing elected Regional Office Bearers are eligible for re-election..
20.4.5.5 Each delegate will have one vote per position i.e. chairperson and vice-chairperson.
20.4.5.6 Time for closure of nominations must be decided upon by the congress and announced by the chairperson. This is to ensure that ballots are processed in time.
20.4.5.7 Only nominations that are duly seconded as per national guidelines will be accepted e.g. one area nominates and another area seconds. The nominee must also accept nomination.
20.4.5.8 For transparency reasons, one (1) elected member per nominee must be identified by the respective candidates to monitor the counting and reconciliation of ballot
papers.
20.4.5.9 Only results that are signed by the elections officials and monitors are deemed to be constitutional and fair.
20.4.5.10 Finally the election officials will declare whether elections were free and fair and make the announcement on the outcome of the elections.
20.5 MEETINGS OF REGIONAL CONGRESSES
20.5.1 Regional Congresses shall take place every 4 years before the Central Executive Committee meeting and subject to financial approval by the National Executive Committee.
20.5.2 The quorum for such congress shall be 50 % +1 of the delegates entitled to be present provided that at least 50% + 1 of the areas within the region are represented.
20.5.3 Two months written notice of a meeting of the Regional Congress shall be given to all Shopstewards committees setting out such items for discussion as the Regional Executive Committee may consider appropriate and calling for resolutions from Shopstewards committees.
20.5.4 Shopsteward committees shall discuss such proposed written resolutions to Congress.
20.5.5 All resolutions shall be circulated to all Shopsteward committees at least 3
weeks prior to the meeting.
20.5.6 Late resolutions must be in writing to the congress and shall only be considered if a resolution allowing for this has first been adopted by the congress.
20.5.7 Where consensus cannot be reached a vote by show of hands supported by a majority of 50 % +1 of those present shall decide the matter.
20.6 COMPOSITION OF THE REGIONAL EXECUTIVE COMMITTEE
20.6.1 The Regional Executive Committee shall be composed of the Regional Office Bearers, and 8 additional members
20.6.2 Representatives to the Regional Executive Committee shall consist of the
Regional Office Bearers, 8 (eight) additional representatives elected by the Regional Congress, they shall make their best endeavours to apply the principle of gender equity and representavity in such representation and Gender.
20.6.3 The Regional Secretary shall be ex-officio member of the REC.
20.7 POWERS OF THE REGIONAL EXECUTIVE COMMITTEE
20.7.1 To be responsible for the affairs of the union in the region and to implement the policies and programmes of the union within the region.
20.7.2 To co-ordinate and supervise the activities of the area council and Shopsteward committee within the region.
20.7.3 To review and recommend any decision or activity of an area or it’s sub-structures which it considers to be in the interests of the union and in compliance with union policy.
20.7.4 To amend, reverse or prohibit any decision or activity of a branch or it’s sub-structures which it considers to be against the interest of the union or it’s members or which is not in compliance with adopted policy.
20.7.5 To negotiate on, reach agreement, declare disputes and attempt to resolve such disputes on matters within guidelines set out by the Central Executive Committee.
20.7.6 To appoint sub-committees to investigate and report on any matters and to
delegate powers of decision making to such sub-committees subject to ratification by the full Regional Executive Committee.
20.7.7 To maintain and administer consolidated books and budgets of account for all regional accounts within the Region.
20.7.8 To prepare a budget for approval by the National Executive Committee for the region.
20.7.9 To elect delegates from the region to the Central Executive Committee and National Executive Committee.
20.7.10 To appoint a standing disciplinary sub-committee in terms of the unions disciplinary procedure consisting of 5 of it’s members to hear, determine and implement it’s findings in such matters.
20.7.11 To ratify or substitute any decision of such disciplinary committee after appeal procedures have been exhausted.
20.7.12 To do such other things as in the opinion of the Regional Executive Committee are in the interests of the union and which are not inconsistent with this constitution, union policy or any law.
20.7.13 Shall be specifically responsible for the supervision of all financial administration of the union within their area.
20.7.14 To elect regional full time shopstewards.
20.8 MEETINGS OF THE REGIONAL EXECUTIVE COMMITTEE
20.8.1 The Regional Executive Committee shall meet at least four times a year before the National Executive Committee meeting.
20.8.2 At least the Regional Office Bearers shall give 14 days prior written notice
stating the date, time, place and agenda for such meeting, unless in the case of a special meeting shorter notice is necessitated. Such lesser notice shall not be less than 48 hours.
20.8.3 The quorum for such meeting shall be at least 50 % + 1of the delegates entitled to attend provided that at least 50 % + 1 of the Shopstewards are represented.
20.8.4 In the event that no quorum is present within 1 hour of the meeting those present may decide to adjourn the meeting to a date, time and place no less than 7 days later. At such adjourned meeting those present shall form a quorum.
20.8.5 Meetings shall be conducted in terms of union meeting procedure for executive committees.
20.8.6 Where consensus cannot be reached on an issue a vote by show of hands supported by a majority of 50 % +1 of those present shall decide the matter.
21. REGIONAL GENDER COMMITTEE
21.1 To established a Regional Gender Committee, consisting of 2 representatives from each Area Gender Committee.
21.2 The Regional Office Bearer responsible for gender shall act as mandating structure for the regional gender committee.
21.3 The committee shall elect from amongst it’s members a chairperson, vice chairperson, secretary and additional members.
21.4 The areas from which such office bearers are elected shall be entitled to appoint replacement representatives of their area.
21.5 Meetings shall take place at least 4 (four) times a year.
21.6 The Regional Gender Committee shall perform the following functions:
21.6.1 co-ordinate and facilitate gender programmes in the region and areas
21.6.2 raise issues for negotiations
21.6.3 implement campaigns and training programmes
21.6.4 recommend and advise on gender budget
21.6.5 provide mandates to Regional Office Bearer on gender issues
21.6.6 act as a platform to educate both men and women in the union around
gender issues.
22 DISCIPLINING OF MEMBERS, SHOPSTEWARDS AND OFFICE BEARERS
22.1 GENERAL PROVISIONS
22.1.1 An office-bearer, official or trade union representative may be removed from office:
(a) if he/she infringes any of the provisions of this Constitution; and (b) if he/she acts in a manner which is detrimental to the interest of the trade union.
22.1.2 Any member, shop steward or office bearer of the Union may have disciplinary steps taken against them if they act contrary to the code of conduct as determined by the National Executive Committee or its constitution or policies.
22.1.3 Nothing in this clause denies the right of any structure to recall an elected representative for any cause it deems fit.
22.1.4 In the case of a Disciplinary Hearing the National Executive Committee or the Regional Executive Committee respectively will elect a disciplinary committee that will deal with the matter in terms of this clause.
22.1.5 Seven (7) days notice stating the time, date and place of any disciplinary inquiry and nature of the charge or appeal shall be delivered by hand or by registered post to the accused’s place of employment.
22.1.6 Provided that the committee is satisfied that due notice was given to the accused, the committee may proceed to hear the case and to decide on the validity of the charges and of any disciplinary steps necessary, whether or not the accused is present.
22.1.7 Any appeal must be lodged in writing with appeal authority within 14 days of any disciplinary steps being taken.
22.1.8 The Central Executive Committee may take any such steps as are set out above against any elected National Office Bearer or may after a hearing by the full Central Executive Committee take such disciplinary steps as the Central Executive Committee deems fit including removal or suspension from office or expulsion from the union. In such event their right of appeal is to the next normal National Congress.
22.1.9 Where it is proposed that an elected Office Bearer be removed from office he or she shall be entitled to be heard prior to any vote being taken but may not stand for election for the vacancy so created. Such person shall be entitled to stand for election in subsequent elections.
22.1.10 Not withstanding this clause any official, being employees of the union, shall be dealt with in terms of the Staff Disciplinary procedure and code as adopted by the National Executive Committee.
23. BALLOTS
23.1 In addition to those cases in respect of which the taking of a ballot of members of the whole trade union or of a area is compulsory in terms of this Constitution, a ballot on any question shall be taken if the executive council so decides, and shall also be taken –
(a) if demanded by a area;
(b) on any proposal to declare or take part in any strike.
23.2 Ballots should be conducted in the following manner:
23.2.1 Notice of a ballot shall be given to each member of the area in writing by the area secretary, at least three days before the ballot is to be taken: Provided that a ballot may be taken without notice at any general meeting on the decision of a majority of the members present.
23.2.2 Two scrutineers shall be appointed by each area executive committee or a general meeting to supervise any ballot and to ascertain the result thereof.
23.2.3 Except in the case of postal ballots and ballots taken at general meetings on the decision of a majority of the members present, ballots shall be conducted at the various area offices of the trade union or at such other places as may be specified in the
notice referred to in paragraph (a) of this sub-clause on the date and during the hours specified in the said notice.
23.2.4 Ballot papers shall be supplied to the area secretaries by the general secretary. The issue to be voted upon shall be set forth clearly on the ballot papers and such papers shall not contain any information by means of which it will be possible to identify the voter.
23.2.5 Ballot boxes shall be inspected by the scrutineers and sealed by the area secretary in their presence prior to the issuing of ballot papers.
23.2.6 One ballot paper only shall be issued on demand at the place and during the hours fixed for the taking of the ballot to each member of the area who is entitled to vote.
23.2.7 Each voter shall, in the presence of the scrutinizers, be issued with one ballot paper, which he/she shall thereupon complete, fold and deposit in a ballot box provided for the purpose.
23.2.8 Ballot papers shall not be signed or marked in any way apart from the mark required to be made by a member in recording his/her vote. Papers bearing any marks shall be regarded as spoilt and shall not be counted.
23.2.9 On completion of a ballot or as soon as possible thereafter, the result thereof in respect of each branch shall be ascertained by the scrutineers appointed for such branch in the presence of the area secretary and made known to the area executive committee which shall as soon as possible advise the executive council.
23.2.10 Ballot papers, including spoilt papers, shall be placed in a container which shall be sealed after they have been counted and retained by area secretaries for not less than three years.
23.3 The executive council may decide that a postal ballot of members shall be taken, in which event the ballot shall be conducted in the following manner:
23.3.1 The general secretary shall send by registered post to each member of the trade union a ballot paper and a stamped and addressed envelope marked “Ballot”. The ballot paper shall on completion be inserted in the envelope provided for the purpose which shall be sealed and posted so as to reach the general secretary within 21 days from the date of dispatch from head office to such member. On receipt of such envelopes, the general secretary shall immediately place such envelopes in a sealed ballot box.
23.3.2 Two scrutineers shall be appointed by the executive council to ascertain the result of the ballot. The ballot box shall be opened and the ballot papers counted by the scrutineers in the presence of the general secretary, who shall immediately advise the executive council of the result of the ballot.
23.3.3 The same procedure shall mutatis mutandis apply to a postal ballot confined to members of the executive council or any area or areas of the trade union.
23.4 In any ballot conducted in connection with any election the candidates, up to the required number, receiving the highest number of votes shall be declared elected.
23.5 The national congress, the executive council or the area executive committee shall be bound to take action according to the decision of a majority of members voting in a ballot.
23.6 The trade unions shall, before calling a strike, conduct a ballot of those of its members in respect of whom it intends to call the strike.
23.7 Notwithstanding anything to the contrary contained in this Constitution, members of the trade union shall not be disciplined or have their membership terminated for failure or refusal to participate in a strike if –
(a) no ballot was held about the strike; or
(b) a ballot was held but a majority of the members who voted did not vote in favour of the strike.
24. OFFICE BEARERS STRUCTURES AND DUTIES
24.1 GENERAL
24.1.1 To be eligible to be an office bearer a member shall be a duly elected shop steward except in the case of general and regional secretaries and treasurer who shall be appointed by means of a service contract.
24.1.2 The term of office of all elected Office Bearers will be 4 (years) years.
24.1.3 Elected office bearers shall have voting rights in the structures of which they are office bearers, except those office bearers that are appointed by means of a service contract in full time positions who shall be ex-officio.
24.1.4 This section shall not be read to imply that additional office bearers be elected other as are specified for a particular structure.
24.1.5 Gender representativity shall were practicable be applied in the election of office bearers.
24.1.6 These provisions also apply in general terms to office bearers of sub-committees.
25. OFFICE BEARERS COMMITTEES
25.1 Office Bearers at each level shall jointly form an office bearers committee that shall meet as frequently as is necessary.
25.2 Such committee shall jointly have responsibility for the overall supervision of the activities of the union within their area of jurisdiction in between meetings and ensure implementation of decisions of their respective executive or shop stewards committee
25.3 Be responsible for the proper preparation for meetings of their structures including the agenda therefore.
25.4 Notwithstanding the specific responsibilities for particular office bearers noted below the committee shall have collective responsibility for ensuring that such duties are performed.
25.5 In addition to responsibilities as detailed below such committee may determine further portfolio responsibilities between themselves in regard to different areas of the union’s activities.
26. PRESIDENT AND CHAIRPERSONS
26.1 The President in the case of National Structures and Chairperson in the case of Regional Area and shop steward committee structures shall preside at meetings and be responsible for ensuring that the meeting is conducted in terms of the agreed meeting procedure for such structure.
26.2 Shall perform such duties as are necessary to attempt to resolve any disputes arising within the union and to promote and maintain unity within the membership of the union.
26.3 Perform such other duties as by usage and custom pertain to such office.
27 DEPUTY PRESIDENT OR VICE CHAIRPERSONS
27.1 Shall assist the President or Chairperson in the performance of their duties in presiding at meetings and more generally.
28 TREASURER
28.1 Treasurer shall be responsible for ensuring that the financial administration of the union is in compliance with the constitution and administrative policies of the union.
28.2 Shall endorse all accounts for payment and sign cheques and perform all other such duties as by usage and custom pertain to such office.
28.3 Shall ensure that regular financial statements and reports are tabled at each ordinary meeting of the National Office Bearers committee for the period from the date of the last report to this committee as such report to a month end date as near as is practically to the date of the next meeting.
28.4 Shall be responsible for ensuring that the administration of membership records is maintained.
29 UNION HEAD OFFICE NATIONAL DEPARTMENTS
29.1 The Head Office of the union shall be at such place as the National Congress may decide from time to time.
29.2 The Central Executive Committee may establish such Departments as are required for the effective running of the union or dissolve such departments and may appoint officials to head such departments or remove them as head of such department.
29.3 The National Executive Committee and Central Executive Committee shall have the power to employ subject to clause 29.2. All employment shall be ratified by the Central Executive Committee.
29.4 All employees of the union shall be subject to standard conditions of service as determined by the National Executive Committee from time to time. To be ratified by the Central Executive Committee.
29.5 All employees shall be subject to the Constitution and resolutions of the union and to a Disciplinary Code and Procedure and Grievance Procedures adopted by the National Executive Committee.
29.6 Disciplinary Committees established in terms of any procedure shall have the power to dismiss officials falling under their jurisdiction and such dismissal shall be with immediate effect pending the outcome of any appeal.
29.7 No employee of the union has a voting right in any of the constitutional meetings of the union.
29.8 Officials have full speaking rights in all union meetings, which they are obliged or invited to attend subject only to the normal meeting procedure.
30 DISCIPLINE OF SHOP-STEWARDS
30.1 Where members wish to discipline a shop steward in his/her capacity as shop steward they shall normally do so by verbal censure in a general meeting or by evoking the recall procedure in clause 16.5.3. above.
30.2 In the event that any member (s) or official (s) are of the view that neither remedy in 30.1 has been or can be effective and that the matter requires the attention of the relevant Disciplinary Committee they may adopt the procedure in section 22 above.
30.3 The relevant Disciplinary Committee may (in addition to the measures in 30.1 and 30.2) suspend a Shopsteward from that office pending a hearing by the relevant Disciplinary Committee.
30.4 The Disciplinary Committee shall have the powers as set out in section 22 or to remove the Shopsteward from that office.
31 DISCIPLINE OF EXECUTIVE COMMITTEE MEMBERS
31.1 An Area Executive Committee or Regional Executive Committee and the National Executive Committee or Central Executive Committee shall have the right to censure its members verbally or in writing in any meeting or suspend such member for the duration of the meeting and to institute a disciplinary hearing. A disciplinary committee elected by the relevant structure will conduct such disciplinary hearing.
31.2 Such committees may if it consider it necessary suspend such member from further participation in its meetings pending the outcome of such hearing.
31.3 The relevant disciplinary committee may determine to exercise any of the measures setout in section 22.
31.4 A person so disciplined shall have the right to appeal to the National Executive Committee or Central Executive Committee as the case may be.
31.5 In any case referred to the regional discipline committee by any of the above structures
the structure shall have the right to have 2 of their members to present their case.
32 DISCIPLINE OF OFFICE BEARERS
32.1 A Shopsteward Committee may take any of the above steps to discipline any of its office bearers but may in addition suspend any office bearer from office pending the convening of a special Shopstewards Committee which may remove such office bearer from office by majority vote.
32.2 An Area Executive Committee may take any of the above steps to discipline any of its office bearers but may in addition suspend any office bearer from office pending the convening of a special Shopstewards Committee which may remove such office bearer from office by majority vote.
32.3 A Regional Executive Committee may take any of the above steps to discipline any of its office bearers but may in addition suspend any office bearer from office pending the convening of a special Regional Congress which may remove such office bearer from office by majority vote.
32.4 In hearing a case a Disciplinary Committee shall hear all witnesses and examine all documentary evidence as necessary to determine the facts in the matter and shall then decide on its finding in the case. It shall inform the accused of its finding and allow further evidence in mitigation before deciding on appropriate disciplinary steps.
32.5 Any accused shall have the right to be represented by another member of their choice.
32.6 Where more than one accused is charged with a collective offence the individual accused may elect to be heard individually or collectively. In the event of electing to be heard collectively no more than 2 of their number plus a representative shall be entitled to attend the hearing.
33 REPRESENTATION ON BARGAINING AND STATUTORY COUNCILS
33.1 The executive council may at any time recommend that the trade union shall become a
party to a bargaining or statutory council established in terms of the Labour Relations Act, 1995.
33.2 Representatives and their alternates shall be appointed by the executive council.
33.3 Representatives or their alternates on a bargaining or statutory council may be removed
by the national congress or general meetings, and may resign on giving 3 months notice o the executive council or such notice as may be prescribed in the constitution of the council concerned.
33.4 In the event of the resignation or death of a representative or an alternate or his/her removal by the national congress or a general meeting the vacancy shall be filled by the executive council.
33.5 Representatives or their alternates shall have full power to enter into agreements on behalf of the trade union, and such agreements shall not be subject to ratification by the executive council or national congress.
34. DISCIPLINING OF MEMBERS
34.1 Any member(s), official(s) or structure of the union being of the view that formal disciplinary steps should be instituted against a member or members may lodge a complaint with the Shopstewards Committee Office Bearers of the member’s shopstewards committee.
34.2 The Shopstewards Committee Office Bearers may take such steps, as they deem necessary in an attempt to resolve any dispute or institute formal disciplinary action by giving notice of a hearing.
34.3 They shall consult with the Regional Office Bearers and if jointly agreed by consensus
the Regional Office Bearer’s will convene a meeting to hear the case in the first instance.
34.4 Where an Area Disciplinary Committee hears a matter its powers shall be limited to issuing formal warnings.
34.5 If it deems it necessary the Area Disciplinary Committee may suspend such member pending a hearing by the Regional Disciplinary Committee which must be convened within one month of such decision.
34.6 A Regional Disciplinary Committee shall have the power to give a written warning or to suspend the accused (for a period not exceeding 6 months) or to expel such member.
34.7 A member disciplined by a Area Disciplinary Committee shall have the right to appeal in writing to the Regional Disciplinary Committee and a member disciplined by the Regional Disciplinary Committee to the National Disciplinary Committee.
34.8 The Regional Executive Committee of the member concerned shall review any disciplinary or appeal hearing decision and shall confirm or substitute such decision at its next meeting following the exhaustion of any appeal
34.9 The Central Executive Committee shall review all disciplinary cases further to the Regional Executive Committee’s review and shall confirm or substitute such Regional Executive Committee decision.
35. TECHNICAL CLAUSES
35.1 AMENDMENT OF THIS CONSTITUTION
35.1.1 Only the National Congress shall have the power to delete or amend clauses or sub clauses in such a manner as would infringe on the existence of the National Congress, Central Executive Committee and Regions including the composition, duties and power of said structures. The National Congress may amend any clauses or sub clauses by way of a 2/3 majority.
35.1.2 Only the National Congress may amend clause 35.1.1 and 34.1.2 as to the manner in which this constitution may be amended.
35.1.3 The Central Executive Committee may, subject to the limitations in 35.1.1 and 35.1.2 amend all clauses or sub clauses by way of a 2/3 majority. Provided that such amendments must be in the interests of the members and regions.
35.1.4 A proposal for any amendment of the Constitution by the National Congress shall be lodged with the head office 2 months prior to any National Congress and shall be circulated to all Regions no less than 6 weeks prior to such Congress.
35.1.5 A proposal for amendment by the Central Executive Committee shall be lodged with the head office 2 months prior to any Central Executive Committee, tabled in the National Executive Committee and circulated to all Shopsteward Committees no less than 6 weeks prior to the Central Executive Committee.
35.1.6 The National Congress and Central Executive Committee may adopt amend or reject any such proposal for amendment in terms of their prescribed basis of decision making.
35.1.7 No changes or additions shall have any force or effect until certified in terms of section 101(3) of the LRA, 1995.
35.2 AMALGAMATIONS AND MERGER
35.2.1 If the National Congress resolves by a majority that the objectives of the union will be better achieved by any other union dissolving itself and transferring its members and assets to the union then such merger may be affected.
35.2.2 Only the National Congress may by majority decision of at least 80 % of the representatives resolve that the objectives of the union may be better served by dissolution of the union and the transfer of its members, assets and liabilitie7s to another union or to a new union through amalgamation of previously existing unions. Such new union shall be the successor in title to the union.
35.2.3 If any trade union intends to wind-up its affairs with a view to its members joining, and its unexpended funds and assets being transferred to the union then notwithstanding anything to the contrary contained in this constitution, the members of the amalgamating trade union, in good standing on the date the agreement to merge is concluded, shall
automatically be admitted to full membership.
35.3 DISSOLUTION OF THE UNION
35.3.1 The trade union shall be wound up if at a ballot conducted in the manner prescribed in the constitution not less than 80 % of the total number of members of the trade union vote in favour of a resolution that the organisation be wound up.
35.3.2 If a resolution for the winding-up of the trade union has been passed or if for any reason the trade union is unable to continue to function the following provisions shall apply:
35.3.2.1 The last-appointed president of the trade union or if he/she is not available, the available members of the last-appointed executive council of the trade union, shall forthwith transmit to the Labour Court a statement signed by him/her or them setting forth the resolution adopted or the reasons for the trade union’s inability to continue to function, as the case may be, and request the Labour Court to grant an order in terms of section 103 of the Labour Relations Act, 1995.
35.3.2.2
(i) The liquidator appointed by the Labour Court shall call upon the last-appointed office bearers of the trade union to deliver to him//her the trade union’s books of accounts showing the assets and liabilities together with the register of members showing, for the past 12 months prior to the date on which the resolution for winding up was
passed or to the date as from which the trade union was unable to continue to function, as the case may be (hereinafter referred to as the date of dissolution). The membership
fees paid by each member and his/her address as at the said date.
(ii) The liquidator shall also call upon the said office-bearers to hand over to him/her all
unexpended funds of the trade union and to deliver to him/her the trade union’s assets
and the documents necessary to liquidate the assets.
35.3.2.3 The liquidator shall take the necessary steps to liquidate the debts of the trade union from its unexpended funds and any other moneys realised from any assets of the trade union, and if the said funds and moneys are insufficient to pay all creditors
after the liquidator’s fees and the expenses of winding-up have been met, the order in which creditors shall be paid shall be the same as that prescribed in any law for the time being in force relating to the distribution of the assets of an insolvent estate and the liquidator’s fees and the expenses of winding-up shall rank in order as that of an insolvent estate and as through the expenses were the costs of sequestration of an insolvent estate.
35.3.2.4 After the payment of all debts in accordance with paragraph (c), the remaining funds, if any, shall be distributed among the remaining members of the trade union on the basis of membership fees actually paid during the 12 months prior to the date of dissolution.
35.3.2.5 After the payment of all the liabilities, any assets that cannot be disposed of in accordance with the provisions of this clause shall be realised by the liquidator and the proceeds paid to the Commission for Conciliation, Mediation and Arbitration (in
accordance with section 103 (5) of the Labour Relations Act, 1995).
35.3.2.6 The liability of members shall for the purpose of this clause be limited to the amount of membership fees due by them to the trade union in terms of this Constitution as at the date of dissolution.
35.4 INDEMNIFICATION OF OFFICIALS, OFFICE BEARERS AND COMMITTEE MEMBERS
35.4.1 The officials, office bearers and committee members of the union, provided that they have not acted in a manner which would constitute misconduct, shall be indemnified by the union against all proceedings, costs and expenses by reason of any omission, or other act done in the performance of their duties on behalf of the union and shall not be liable for any liabilities of the union.
This is to certify that at a
At a National Congress meeting that was held on 28 November 2000 the following decision(s) was/were
adopted:
1. to adopt a new constitution
2. to amend the existing constitution of the union
It is further certified that all the provisions of the constitution relating to the above, have been complied
with.