POLICE AND PRISONS CIVIL RIGHTS UNION CONSTITUTION ADOPTED AT THE 7 NATIONAL CONGRESS
POLICE AND PRISONS CIVIL RIGHTS UNION CONSTITUTION ADOPTED AT THE 7 NATIONAL CONGRESS
CHAPTER 1 5 1. PREAMBLE 1 2. NAME AND LOGO 1 3. SCOPE OF THE UNION 2 4. LEGAL STATUS 2 5. STRUCTURES OF THE UNION 2 6. LOCATION OF THE HEAD OFFICE 3 7. AIMS AND OBJECTIVES 3 7.1. General 3 7.2. Work in e Community 3 7.3. Service to Members 4 7.4. Union Democracy 5 CHAPTER 2 12 8. MEMBERSHIP 6 8.1. Eligibility 6 8.2. Entitlement to Benefits 6 8.3. Application Procedure 7 8.4. Appeal Procedures against Refusal of Membership 7 8.5. Termination of Membership 7 8.6. Summary Termination of Membership 8 8.7. Termination of Contract of Employment by Employer 9 8.8. Labour disputes or unfair dismissals 9 8.9. Re- admission 9 8.10.Honorary Members 9 CHAPTER 3 Table of Contents 9. SUBSCRIPTIONS 10 9.1. Amount 10 9.2. Collection and Banking of Subscriptions 10 9.3. Exemption from Subscription 10 CHAPTER 4 20 10. NATIONAL CONGRESS 11 10.1. Composition 11 10.2. Quorum 11 10.3. Powers and Duties 11 10.4. Resolutions 12 10.5. Minutes 12 i
CHAPTER 5 23 11. CENTRAL EXECUTIVE COMMITTEE [CEC] 13 11.1. Composition 13 11.2. Powers and duties 13 11.3. Meetings 14 11.4. Officials 14 CHAPTER 6 26 12. NATIONAL EXECUTIVE COMMITTEE [NEC] 15 12.1. Composition 15 12.2. Powers and Duties 15 12.3. Meetings 16 12.4. NEC Sub Committees 17 CHAPTER 7 30 13. NATIONAL OFFICE BEARERS [NOBs] 20 13.1. Vacation of Position 20 13.2. Presidency 20 13.3. Treasury 21 13.4. Secretariat 22 13.5. Powers to act between Meetings 23 13.6. Procedure for e Nomination and Election of Office Bearers at National and Provincial Level 24 CHAPTER 8 40 14. PROVINCIAL CONGRESS 26 14.1. Composition 26 14.2. Powers and duties 26 14.3. Meetings 26 CHAPTER 9 42 15. PROVINCIAL SHOP STEWARD COUNCIL 28 15.1. Composition 28 15.2. Powers and Duties 28 15.3. Meetings 28 CHAPTER 10 44 16. PROVINCIAL EXECUTIVE COMMITTEE 29 16.1. Composition 29 16.2. Powers and duties 29 16.3. Meetings 30 ii
CHAPTER 11 17. PROVINCIAL OFFICE BEARERS (POB s) 31 CHAPTER 12 48 18. LOCALS 32 18.1. Establishment of Locals 32 18.2. Powers and Duties of e Locals 32 18.3. Local Congress 32 18.4. Local Shop Steward Council 33 18.5. Local Office Bearers. 33 CHAPTER 13 51 19. INSTITUTIONS 34 19.1. Institutional Committee 34 19.2 Powers and Duties of e Institutional Committee 34 19.3 Structures of e Institutional Committee 35 19.4. Institutional Meetings 35 19.5. Shop Stewards 35 19.6. Gender 35 CHAPTER 14 50 20. BALLOTS 36 CHAPTER 15 58 21. STANDING ORDERS AND RULES OF PROCEDURE AT MEETINGS 38 CHAPTER 16 61 22. FINANCES 40 23. SIGNATORIES 41 24. PROVINCIAL FINANCE 41 25. LOCAL FINANCES 41 26. INDEMNIFICATION OF OFFICIALS, OFFICE BEARERS AND COMMITTEE MEMBERS 42 CHAPTER 17 65 27. DISSOLUTION 43 28. AMENDMENTS TO THE CONSTITUTION 43 29. INTERPRETATION OF THE CONSTITUTION 44 CHAPTER 18 68 30. DISCIPLINARY PROCEDURES 45 31. APPEALS 47 iii
CONSTITUTION CHAPTER 1 1. PREAMBLE We, e members and employees of e Sou African Police Services, Correctional Services and Traffic Services, recognise e civil and basic human rights of all people in Sou Africa including ose employed in e services of Sou African Police Services, Correctional Services and e Traffic Department. We recognise furer at such basic human rights are fundamental rights wory of enhancement and protection, and we are as such committed to e creation and development of a security establishment, which is e just expression of e will of e people. A system, which will reflect co-operation between our members and e community in an effort to truly serve and protect all members of our society. We erefore, declare our commitment to co-operate and to work wi members of e community and any oer progressive minded sections of e community so as to build a security system at will protect and serve e interest of all Sou Africans. We, erefore, adopt is constitution and in so doing dedicate ourselves to e establishment of a security service free of all discrimination, racial bias, sexism, repression or any oer form of discrimination and to e establishment of an impartial and effective service. 2. NAME AND LOGO The name of e organisation shall be e POLICE AND PRISONS CIVIL RIGHTS UNION (hereinafter referred to as [ ] and e logo of shall be e logo determined by e National Congress and shall appear on all official documents of e Union. The logo shall be mounted on e top right-hand side of e flag and all official documentation. The colours shall be in e sequence of red, gold, white and black. 1
3. SCOPE OF THE UNION 3.1. The Union will operate as a trade Union in e following sectors: 3.1.1. Sou African Police Service; 3.1.2. Correctional Services; 3.1.3. All Traffic Departments; 3.2. All Public Service personnel employed by e Sou African Police Service, Correctional Services and Traffic Department in terms of any Act of Parliament, Regulation or oer provision, as amended from time to time. 4. LEGAL STATUS 4.1. The Union is a body corporate wi perpetual succession. The Union can in its own name: 4.1.1. Enter into contracts; 4.1.2. Sue; and 4.1.3. Be sued; 4.1.4. Hold property in its own name separate from its members; 4.1.5. The liability of individual members is limited to e amount of eir outstanding subscriptions or oer monies due to e Union; 4.1.6. The Union is an association not for gain. The union may be a shareholder in a profit making entity incorporated as such in terms of e company laws of e Republic of Sou Africa, as amended from time to time. 5. STRUCTURES OF THE UNION 5.1. The structure of e Union shall comprise of e following bodies: 5.1.1. National Congress [NC]; 5.1.2. Central Executive Committee [CEC]; 2
5.1.3. National Executive Committee [NEC]; 5.1.4. Provincial Congress [PC]; 5.1.5. Provincial Shop Steward Council [PSC]; 5.1.6. Provincial Executive Committee [PEC]; 5.1.7. Locals; and 5.1.8. Institutions. 6. LOCATION OF THE HEAD OFFICE 6.1. The NEC will determine from time to time e location of e Head Office. 7. AIMS AND OBJECTIVES 7.1. General 7.1.1. To unite all members in e sectors referred to in clause 3 of is constitution; 7.1.2. To work for a non-racial, non sexist, non-violent, impartial, just and democratic Sou Africa; 7.1.3. To assist and support oer Unions, organisations, and individuals as deemed appropriate locally, nationally and internationally; 7.1.4. To participate in International Trade Union activities and to foster international links; 7.1.5. To perform such oer duties or engagements in e interest of its members which are not inconsistent wi e spirit of e Union as embodied in is constitution; 7.1.6. To function autonomously and independently as a Union; 7.1.7. To engage in all social transformation processes. 7.2. Work in e community 7.2.1. To promote a positive image and improve e relationship between Union members and e wider community in a democratic Sou Africa in order to enjoy e confidence and co-operation of e society ey 3
serve; 7.2.2. To work wi all interested parties in e communities to maintain and improve e quality of services rendered by its members to e public; 7.2.3. To promote and encourage e active participation of members of e community in e activities of e Police, Correctional Services and all Traffic departments; and 7.2.4. To work towards e creation of a safe and secure environment for all members of e Sou African community. 7.3. Service to members 7.3.1. To organise all ose employed wiin e Union's scope of operation; 7.3.2. To seek to ensure equality of treatment and fair representation for all members and to work for e elimination of discrimination on e grounds of race, gender, disability, age, religion and any oer form of unfair discrimination; 7.3.3. To strive to establish economic and social justice for all members by means of regulating relationships between members and eir employers; 7.3.4. To secure e settlement of disputes arising from employment, and 7.3.5. To participate in any collective bargaining machinery; 7.3.6. To protect e employment security of members to advance eir employment prospects and generally to do business at will serve e interests of members socially and oerwise in eir individual and collective capacities; 7.3.7. To provide, insofar as it is practicable, legal assistance to members in connection wi eir employment; 7.3.8. To be involved in e planning of policing, rehabilitation and traffic control policies, programmes, changes and/or oer developments as well as to conduct research into new meods of policing, rehabilitation and traffic processes; 7.3.9. To encourage e settlement of disputes by conciliatory meods; 7.3.10. To strive for e improvements of wages and conditions of service for all members and to strive for healy working conditions for all members; 7.3.11. To resist arbitrary retrenchments and unfair dismissals and to fight for permanent employment for all workers; 4
7.3.12. To provide information and produce publications about e Union and its work on a regular basis in languages and design at can be easily understood; 7.3.13. To provide and to promote project training, training courses, seminars and oer educational facilities for members in order to encourage selfimprovement and self- preparation. 7.4. Union Democracy 7.4.1. To promote, safeguard and improve e interests and status of members and e Union as a whole; 7.4.2. To promote and establish a worker centred Union and to carry out and fulfil decisions by members in e spirit of unity, accountability and transparency; 7.4.3. To promote fair representation in all Union structures for women and e disabled; 7.4.4. To promote and safeguard e rights of members to have an adequate opportunity to participate in e initiation and development of policymaking, rough meetings, conferences or delegations and to encourage e maximum democratic debate, togeer wi e right to campaign to change policy, while at all times acting wiin e rules and agreed polices of e Union; 7.4.5. To promote, maintain and contribute to schemes or funds for e financial, physical and social welfare of members and eir dependents. 5
CHAPTER 2 8. MEMBERSHIP 8.1. Eligibility Subject to e approval of e Local Shop Steward Council, which has jurisdiction, membership of e Union is open to all employees who are: 8.1.1. Employed in e sectors referred to in clause 3 of is Constitution; 8.1.2. About to enter employment in e sectors referred to above; 8.1.3. Former members in such sectors who are temporarily wiout work, and 8.1.4. Elected office bearers of e union. 8.2. Entitlement to benefits 8.2.1. Only members in good standing are entitled to e benefits of membership. 8.2.2. Members in good standing are members who are not more an ree [3] mons in arrears wi eir subscription fees. 8.2.3. Members who are between one [1] and ree [3] mons in arrears wi eir subscription fees remain members of e Union, subject to e approval of e Local Shop Steward Council, but are not entitled to e benefits of membership. 8.2.4. Members who despite written notice are more an ree [3] mons in arrears automatically lose eir membership. 8.2.5. All members will be given seven [7] days wiin which to rectify eir arrear membership fees before eir membership of e Union is terminated. To facilitate is, e Local Secretary shall give e member or members concerned seven [7] days written notice to rectify e arrear membership fees. 8.2.6. Members shall be entitled to appeal against loss of membership to e first ensuing Local Shop Steward Council. Notice of any such appeal shall be given to e Local Secretary in writing wiin ten [10] days of e 6
date on which e decision of e Local Shop Steward Council was communicated to e person concerned. 8.3. Application Procedure 8.3.1. Workers must apply for Union membership to e Institutional Committee wi jurisdiction over e area where ey are employed, or seek to be employed. 8.3.2. The Local Shop Steward Council may reject any application if it is of e opinion at e worker is not a fit and proper person to be a member of e Union. 8.4. Appeal Procedures against Refusal of Membership 8.4.1. If e Local Shop Steward Council rejects an application for membership, e worker may appeal against e decision at e next meeting of e Provincial Executive Committee. The worker must lodge e appeal wi e Provincial Secretariat in writing at least seven [7] days before e meeting. The worker can appeal personally at e meeting to present e appeal. The decision of e PEC meeting is final for a period of twelve [12] mons. After twelve [12] mons an unsuccessful applicant for membership may apply again to e Local Shop Steward Council. 8.5. Termination of Membership 8.5.1. Resignation by members 8.5.1.1. Any member may resign from e Union after giving ree mons written notice to e Local Secretary. 8.5.1.2. The member must pay all amounts owing to e Union as at e last date of membership. 8.5.2. Suspension or expulsion by e Local Shop Steward Council 8.5.2.1. If a Local Shop Steward Council is of e opinion at a member has 7
conducted himself or herself in a manner at is harmful to e Union or its members en e Local Shop Steward Council must hold an enquiry into e member's conduct. 8.5.2.2. The member must be given an opportunity to present his or her case at such an enquiry. 8.5.3. The Local Shop Steward Council may ereafter decide: 8.5.3.1.1.To uplift e suspension; 8.5.3.1.2.Suspend a member for a fixed period on such conditions as ey may deem fit; 8.5.3.1.3.To expel e member; 8.5.4. If it is decided to expel e member en: 8.5.4.1. Wiin fourteen [14] days of e Local Shop Steward Council notifying e member of a disciplinary action ey have taken, e member may lodge an appeal to e Provincial Executive Committee wiin its jurisdiction. 8.5.4.2. Members may not be disciplined or have eir membership terminated for failure or refusal to participate in a strike if: 8.5.4.2.1.No ballot was held about e particular strike action; or 8.5.4.2.2.A ballot was held, but e majority of e members who voted did not vote in favour of e strike. 8.6. Summary Termination of Membership 8.6.1. The union reserves a right to summarily terminate a membership. Membership shall be terminated under e following processes: 8.6.1.1. LSCs' recommends to PEC. 8.6.1.2. PEC confirms termination. 8.6.1.3. NEC approves termination. 8
8.7. Termination of Contract of Employment by Employer 8.7.1. If an employer terminates a member's contract of employment but at member intends resuming employment wiin e Union sector of operation en he or she; 8.7.2. Remains a member of e Union for up to one year only, unless reemployed in e sector; and is exempted from paying subscription fees for e period of unemployment. 8.8. Labour disputes or unfair dismissals 8.8.1. If an employer terminates a member's employment as a result of a labour dispute or under circumstances which e Local Shop Steward Council believes are unfair, at member remains a member of e Union; 8.8.2. For a period of twelve [12] mons from e date of termination; or 8.8.3. Until legal proceedings challenging e dismissal have been finalised. The member is exempted from paying subscription fees until he or she is re-employed reinstated, or until e Local Shop Steward Council so determines. 8.9. Re- admission Any member who has resigned or who has been expelled from membership may be re-admitted to e Union if at member complies wi e conditions determined by e Local Shop Steward Council guided by e constitution and code of conduct. 8.10. Honorary Members Honorary membership may be bestowed by e National Congress on any person in recognition of a special contribution to e Union or in any sector wiin which e Union operates. 9
CHAPTER 3 9. SUBSCRIPTIONS 9.1. Amount 9.1.1. A monly subscription fee of an amount as stipulated by a National Congress Resolution from time to time shall be payable by each members of e union in advance to e General Secretary. The provisions of clause 8.2. are applicable in is regard. 9.2. Collection and Banking of Subscriptions 9.2.1. Members, including office bearers, must pay eir subscription fee monly and in advance to e Union; 9.2.2. The Union must issue receipts immediately for ese fees unless check off facilities are in operation; 9.2.3. The Union must keep a record of e contributions of each member; 9.2.4. All amounts received for membership subscriptions and oer amounts due to e Union from members must be deposited in a national banking account no later an seven [7] days after receipt ereof. 9.3. Exemption from Subscription 9.3.1. The Local Shop Steward Council may exempt a member from paying subscriptions if at member has been unpaid due to illness/ suspension for a continuous period of six [6] mons. 9.3.2. In addition to e subscriptions referred to above a member may also be liable for e payment in e same manner of such oer fees as may be prescribed in terms of e rules governing any fund established to administer funds for e benefit of e members and eir dependants. 10
CHAPTER 4 10. NATIONAL CONGRESS The National Congress shall be e Supreme governing body of e Union. 10.1. Composition 10.1.1. The National Congress shall be composed of e National Office Bearers, Heads of Departments, National Gender Co-ordinators and representatives appointed by each Province of e Union. Each province will be entitled to 0,5% delegates of its total membership. 10.1.2. An agenda for e Congress, togeer wi all e resolutions at have been submitted and any oer necessary documents, shall be sent to each delegate of e Congress and e officials of each local not less an two [2] weeks before e date of e Congress. 10.1.3. The General Secretary shall be entitled to request proof of membership on which e province has decided its delegation. 10.1.4. The National Congress shall sit once after every four [4] years. 10.2. Quorum A quorum for e National Congress shall be e majority of e delegates eligible to be present provided at at least two-irds of e provinces are represented. In e event of ere not being a quorum e meeting shall stand adjourned and shall be reconvened wiin a period of eight [8] weeks. At such adjourned meeting e delegates present shall form a quorum. At least four [4] weeks written notice of such adjourned meeting shall be given to e locals and provinces. 10.3. Powers and Duties 10.3.1. The National Congress shall adopt general and specific policy measures by means of resolutions in e furerance of e aims 11
and objectives of e Union and will consider and/or decide upon e following: 10.3.1.1. Confirmation of e agenda; 10.3.1.2. Amendments to e Constitution; 10.3.1.3. Reports from e CEC; 10.3.1.4. Reports from e National Office Bearers; 10.3.1.5. A financial report and e approval of e Auditor's report and e Union's financial statements; 10.3.1.6. All resolutions submitted to it by e Provincial representatives; 10.3.1.7. The election of National Office Bearers; 10.3.1.9. Any such matter at may be deemed in e best interest of e Union; 10.4. Resolutions 10.4.1. Resolutions to be moved at e National Congress shall be submitted in writing and delivered by e Provincial Executive Committee to e National Congress not less an ten [10] working days before e National Congress is held, provided at e National Congress shall have e right to consider special resolutions. 10.4.2. Unless oerwise provided herein every matter for consideration by e National Congress shall be on motion duly seconded and shall be decided by a simple majority of members present. 10.5. Minutes 10.5.1. The General Secretary, or a person appointed by him/ her, shall be responsible for e keeping of minutes and e sending out of notices and minutes of all National Congresses, Central Executive Committee, National Executive Committee and such oer committee meetings as may from time to time be appointed. 12
CHAPTER 5 11. CENTRAL EXECUTIVE COMMITTEE [CEC] 11.1. Composition 11.1.1. The National Office Bearers; 11.1.2. The National Gender Coordinators; 11.1.3. All Provincial Office Bearers; 11.1.4. The Provincial Gender Coordinators; 11.1.5. One [1] representative for each two hundred and fifty [250] members per province; 11.1.6. All Heads of Departments. 11.2. Powers and duties 11.2.1. The management of e affairs of e Union shall be vested in e Central Executive Committee [hereafter referred to as e CEC] between meetings of e NC. The CEC shall have all such powers and duties, which customarily are vested in such an executive body and shall include e following powers and duties; 11.2.2. To give broad direction covering organizational, political, educational and policy issues wiin e Union; 11.2.3. To set up sub-committees and determine eir nature, membership and scope; 11.2.4. To ratify decisions of e NEC as may from time to time be referred to it; 11.2.5. To approve e annual audited financial statements and balance sheet of e Union and to approve and submit ese documents to e NC; 11.2.6. To determine budget guidelines; 11.2.7. To establish or dissolve locals of e Union and demarcate e jurisdiction of such locals and to furer delegate such powers to e Provincial Congress and Provincial Shop Steward Council; 11.2.8. To fill vacancies occurring in e position of President, Deputy President First and Second Vice Presidents, Treasurer, General Secretary and Deputy General Secretary; 11.2.9. To generally give effect to e aims and objectives of e Union and to assume such powers as are necessitated by is constitution; 13
11.2.10. Convene a special NC on grounds of urgency. 11.3. Meetings 11.3.1. The CEC shall sit at least once per annum, except in e year of e National Congress. 11.3.2. A quorum shall be two irds of e provinces represented. 11.4. Officials All persons employed by e Union on a full-time or part time basis, and for which services are being paid are considered to be officials of e Union. 11.4.1. The General Secretary or Deputy General Secretary shall have e right to resign on giving [3] mons notice to e CEC. Oer officials of e Union may submit eir resignation to e NEC. 11.4.2. The CEC may appoint a General Secretary only in an acting capacity subject to e election of e new incumbent by e NC. 11.4.3. Officials of e Union attending meetings shall have e full speaking rights but no voting rights. 14
CHAPTER 6 12. NATIONAL EXECUTIVE COMMITTEE [NEC] 12.1. Composition 12.1.1. The National Office Bearers; 12.1.2. The National Gender Co-coordinators and Provincial Gender Coordinators; 12.1.3. The Provincial Chairpersons and Secretaries; 12.1.4. All heads of departments. 12.1.5. Media Officer. 12.2. Powers and Duties 12.2.1. The National Executive Committee [hereinafter referred to as NEC] shall have no power to make or amend any policy decision of e Union. It shall; 12.2.1.1. Execute Union policy as determined by e NC, and e CEC; 12.2.1.2. To carry out e day to day running of e Union; 12.2.1.3. Consider a report from e Secretariat on activities of each department and all provinces and give direction where necessary; 12.2.1.4. Decide what employment posts should be created, maintained or terminated for e effective running of e Union; 12.2.1.5. Engage, determine terms and conditions of employment and discharge any employee of e Union oer an e General Secretary and Deputy General Secretary; 12.2.1.6. Open, operate and close banking accounts on behalf of e Union and generally control e funds and finances of e Union; 12.2.1.7. Borrow, raise and invest monies and funds; 12.2.1.8. Allocate float amounts and oer funds to respective provinces; 12.2.1.9. Institute and/ or defend legal proceedings in e name of e Union, appoint attorneys and advocates to act on behalf of e Union and appoint any person to sign any document in connection wi or on behalf of e Union provided at in urgent matters e General Secretary may institute or defend such proceedings; 12.2.1.10. Acquire eier by purchase, lease or oerwise, any movable or 15
immovable property on behalf of e Union and sell, let, mortgage or oerwise deal wi or dispose of any immovable property belonging to e Union; 12.2.1.11. Make awards and appeal by-laws at are not inconsistent wi is Constitution to regulate Union affairs but not limited to matters such as: 12.2.1.11.1 Election procedures; 12.2.1.11.2. Balloting procedures; 12.2.1.11.3 Inquiry procedures; 12.2.1.11.4. Meeting procedures; 12.2.1.11.5. Union Discipline. 12.2.12. Deal wi such matters as are specifically delegated to it by e CEC, provided at no decision is inconsistent wi a decision taken by e NC, CEC or e provisions of is Constitution and all such decisions are subject to confirmation of e CEC. 12.2.13. The NEC shall have e right to suspend or dismiss e General Secretary, Deputy General Secretary and any oer official of e Union should at official, be found guilty by e NEC of misconduct, neglect of duties, or acted in a manner detrimental to e interest of e Union, or in conflict wi e NEC or CEC, or for any reason which e NEC may deem sufficient for termination of services, provided at e official shall have e right to appeal to e next CEC against such suspension or dismissal. The decision of e CEC will be final in exhausting internal remedies. 12.3. Meetings 12.3.1. The NEC shall meet four [4] times a year and shall be convened by e General Secretary in consultation wi e President; 12.3.2. The General Secretary shall give at least fourteen [14] days notice of NEC meetings, serve in e case of special urgent meetings when no less an ree [3] days notice shall be given. To every notice of a meeting an agenda shall be attached. The minutes of all NEC meetings shall be circulated to all provinces; 12.3.3. A quorum of e NEC shall be at least two irds of e provinces wi at least half eir representation and half e National Officer 16
Bearers, provided a majority of e delegates shall be members in good standing; 12.3.4. In e event of a meeting of e NEC not being a quorum two [2] hours after e time for its commencement, e meeting shall stand adjourned and may be reconvened not earlier an seven [7] working days and not later an fourteen [14] working days ereafter. At such adjourned meeting e delegates present shall constitute a quorum; 12.3.5. All provisions of e meeting of e CEC shall serve as a guideline to e meetings of e NEC and all lower structures of e Union, serve in case of where specifics are dealt wi in is Constitution. 12.4. NEC sub-committees 12.4.1 Secretariat Forum Duties 12.4.1.1 The Secretariat Forum shall execute duties as shall be deferred by e NEC from time to time. 12.4.1.2 Develop and recommend Programmes to e NEC. 12.4.1.3 Shall be responsible for co-ordination of e organizational activities. 12.4.1.4 Ensure e implementation of resolutions from constitutional structures. 12.4.1.5 Composition 12.4.1.5.1 National Secretariat 12.4.1.5.2 Provincial Secretaries 12.4.1.5.3 All HODs 12.4.2 Chairpersons' Forum Duties 12.4.2.1 Monitor e implementation of resolutions from constitutional structures. 12.4.2.2 Shall enforce observance of e rules and orders of e constitution. 12.4.2.3 To develop and implement a National Political programme 12.4.2.4. Execute duties as shall be deferred by e NEC from time to time. 17
12.4.2.5 Composition 12.4.2.5.1 Presidency 12.4.2.5.2 Provincial Chairpersons 12.4.3 FINCOM Duties 12.4.3.1 Execute duties as shall be deferred by e national structures from time to time 12.4.3.2 Develop and recommend organizational budgets to e NEC. 12.4.3.3 Monitor and supervise e financial affairs of e organisation. 12.4.3.4 Monitoring and evaluating e union finances. 12.4.3.5 Composition 12.4.3.5.1 National Treasurer 12.4.3.5.2 General Secretaries 12.4.3.5.3 Provincial Treasurers 12.4.3.5.4 All HODs 12.4.4 NEDCOM 12.4.4.1 Composition 12.4.4.1.1 NOBs 12.4.4.1.2 Deputy Provincial Secretaries 12.4.4.1.3 Unit Head Human Resources 12.4.4.1.4 Training officer 12.4.4.1.5 Researcher 12.4.4.2 Duties 12.4.4.2.1 Identify training needs and develop programmes. 12.4.4.2.2 Monitor e implementation of training programmes. 12.4.4.2.3 Evaluate training and development programmes. 12.4.4.2.4 Identify training institutions e.g. SETAs. 12.4.5 Gender Forum 12.4.5.1 The Gender Forum shall execute duties as shall be deferred by e NEC from time to time. 12.4.5.1.1 Develop and recommend Programmes to e NEC. 12.4.5.1.2 Shall be responsible for co-ordination of e organizationa activities at all levels. 18
12.4.5.1.3 Ensure e implementation of resolutions from constitutional structures 12.4.5.1.4 To ensure full implementation of gender programmes 12.4.5.1.5 To monitor Provincial activities on gender programmes 12.4.5.2 Composition 12.4.5.2.1 The Gender Forum shall be composed of e following: 12.4.5.2.2 National Gender Co-ordinators 12.4.5.2.3 2nd Vice President 12.4.5.2.4 National Secretariat 12.4.5.2.5 All Heads of Departments 12.4.5.2.6 National Gender Co-ordinator 19
CHAPTER 7 13. NATIONAL OFFICE BEARERS [NOBs] 13.1. Vacation of Position 13.1.1. A National Office Bearer shall vacate his/ her seat in any of e following circumstances: 13.1.2. On resignations, expulsion or suspension from membership of e Union; 13.1.3. On absenting himself/ herself wiout permission from a constitutional meeting for ree [3] consecutive meetings; 13.1.4. On ceasing to be a member in good standing; 13.1.5. In consequence of ballot to remove an office bearer as provided for in e provisions of is Constitution. 13.2. Presidency 13.2.1. President 13.2.1.1. The President shall be elected from amongst e members and may act as an executive full-time President. 13.2.1.2. The President shall preside over all meetings of e National Congress, Central Executive Committee and National Executive Committee, in which he/ she is present and shall conduct such meetings in accordance wi e Constitution. 13.2.1.3. The President shall enforce observance of e rules and orders of is Constitution. 13.2.1.4. The President shall exercise supervision over e work of e General Secretary and e affairs of e Union. 13.2.1.5. The President may be co-signatory to e national banking account of e Union and sign minutes of e NC, CEC and NEC. 13.2.1.6. The President shall have speaking and voting rights and a casting vote. 13.2.1.7. The President shall be eligible for re-election. 13.2.1.8. The President shall perform such duties as by usage and customs pertain to e office of e President. 20
13.2.1.9. The President shall be elected by e delegates at e congress and shall hold office until e next congress. 13.2.2. Deputy President 13.2.2.1. The Deputy President shall assist e President in performing his/her duties and perform such duties of e President as are delegated to him/her. 13.2.2.2. Perform duties of e President where e President is temporarily or permanently unable to perform. 13.2.2.3. Shall be eligible for re-election. 13.2.2.4. Shall be elected by e delegates at e congress and shall hold office until e next congress. 13.2.2.5. Shall have speaking and voting rights. ST 13.2.3. First [1 ] Vice President st 13.2.3.1. The 1 Vice President exercises e power and duties of e President in e absence of bo e President and e Deputy President. nd 13.2.4. Second [2 ] Vice President nd 13.2.4.1. The 2 Vice President exercises e power and duties of e st President in e absence of e President, Deputy President and 1 Vice President. 13.3. Treasury 13.3.1. National Treasurer 13.3.1.1. The Treasurer shall supervise financial affairs of e union; 13.3.1.2. Endorse all accounts for payment and sign cheques of e National banking accounts of e Union and perform oer duties as by usage and custom pertaining to e Treasury office. 13.3.1.3. Submit / present statements of e Union's National accounts in respect of each of e mon to e NEC, CEC and in respect of each 21
annual period to e NC. 13.3.1.4. Such oer duties as are reasonably required of e Treasurer from time to time by e NC, CEC and NEC. 13.3.1.5. Shall have bo speaking and voting rights. 13.3.1.6. Shall be eligible for re-election. 13.3.1.7. Must ensure at ere is compliance wi Section 98 of e Labour Relations Act 66 of 1995, as amended from time to time in respect of accounting records and audits. 13.3.1.8. The Treasurer shall be elected by e delegates at e congress and shall hold office until e next congress. 13.4. Secretariat 13.4.1. General Secretary 13.4.1.1. The General Secretary shall be a full-time employee and official of e Union elected in terms of e Constitution. The General Secretary can be elected amongst e members. 13.4.1.2. Be responsible for e keeping of such books and accounts of e Union as may be required by e NEC and assist e Treasurer to submit statements of income and expenditure of e Union to each meeting of e CEC and NC. 13.4.1.3. Conduct e correspondence of e Union and shall table such correspondence at e ensuing NEC meeting. 13.4.1.4. Supervise, direct and monitor e work of e Provincial Secretaries and all officials of e union. 13.4.1.5. Send out notices and minutes of all NC, CEC, NEC and any oer committees as may from time to time be appointed. 13.4.1.6. Be responsible for e preparation and circulation of e annual report on e activities of e union, which shall include statement of income and expenditure and e balance sheet, certified by e Union's auditors togeer wi e auditor's report to e NEC, CEC and NC. 13.4.1.7. Be responsible for e general organising and co-ordination of e work of e union. 13.4.1.8. Be responsible for e general office work and administration of e affairs and activities of e Union. 22
13.4.1.9. Be e chief negotiator acting on behalf of e union. 13.4.1.10. Coordinate e activities of e Union's Bargaining Council, composed of ree delegates from each province [one per sector], whose main function is to facilitate matters of negotiation. 13.4.1.11. Undertake such and oer duties as may become necessary from time to time or as may be decided by e NC, CEC and/or NEC. 13.4.1.12. Be elected by e delegates attending e National Congress and shall hold office until e next election at e next National Congress. 13.4.1.13. Be eligible for re-election. 13.4.1.14. Keep a list of e Union's members. 13.4.1.15. Retain minutes of e meetings of e Union in an original and unreproduced form for a period of four [4] years from e end of financial year to which ey relate; 13.4.1.16. Retain e ballot papers for a period of four [4] years from e date of every ballot. 13.4.1.17. Provide e information required by e Registrar to ensure compliance wi Section 100 of e Labour Relations Act, as amended from time to time. 13.4.1.18. Have bo speaking and voting rights. 13.4.2. The Deputy General Secretary 13.4.2.1. The Deputy General Secretary shall assist e General Secretary in all his/ her duties and in e event of e General Secretary not being able to fulfil such duties, ensure at ey are carried out. 13.4.2.2. Have bo speaking and voting rights. 13.4.2.3. Be elected by e delegates attending e National Congress and shall hold office until e next election. 13.4.2.4. Be eligible for re-election. 13.5. Powers to act between Meetings 13.5.1. The General Secretary, in consultation wi e President, shall have e power to act on behalf of e NEC and its committees between meetings. The General Secretary shall seek e endorsement of e National Executive Committee upon any exercise of e power. 23
13.5.2. The Treasurer and e General Secretary shall have e power to act on behalf of e NEC and its Committees between meetings in any matter related to e union's finances. The Treasurer and e General Secretary shall seek e endorsement of e NEC upon any exercise of eir power. 13.6. Procedure for e Nomination and Election of Office Bearers at National and Provincial Level 13.6.1. Office Bearers at National Level 13.6.1.1. President 13.6.1.1.1. Election of e President shall be made on nomination duly seconded at e National Congress. 13.6.1.1.2. Voting for e President shall be made by ballot. 13.6.1.1.3. The President shall hold office for a period of four [4] years until next election of e position. 13.6.1.1.4. If he/she is nominated for e position of President, e nominee shall be a member of e Union in good standing. 13.6.1.1.5. The president shall hold office for a period of four year until e election for e position. 13.6.1.2. Deputy and Vice Presidents 13.6.1.2.1. The election of e Deputy and Vice Presidents shall be made by a nomination dully seconded at e National Congress. 13.6.1.2.2. Voting for e Deputy and Vice Presidents shall be made by ballot. 13.6.1.2.3. The Deputy and Vice Presidents shall hold office for a period of four [4] years until election of e position. 13.6.1.2.4. If he/she is nominated for e position in e Deputy and Vice Presidents, e nominee shall be a member of e Union in good standing. 13.6.1.2.5. The Deputy and vice President shall hold office for a period of four year until e election for e position. 24
13.6.1.3. General Secretary and Deputy General Secretary 13.6.1.3.1. The election of e General Secretary and e Deputy General Secretary shall be made on nomination duly seconded at e National Congress. 13.6.1.3.2. Voting for e General Secretary and Deputy General Secretary shall be made by ballot. 13.6.1.3.3. The General Secretary and Deputy General Secretary shall hold office for a period of four [4] years until e next election of e position. 13.6.1.3.4. If he/she is nominated for e position of President, e nominee shall be a member of e Union in good standing. 13.6.1.4. National Treasurer 13.6.1.4.1. Election of e National Treasurer shall be made on nomination duly seconded at e National Congress. 13.6.1.4.2. Voting for e National Treasurer shall be made by ballot. 13.6.1.4.3. The Treasurer shall hold office for a period of four [4] years until e next election for e position. 13.6.1.4.4. If he/ she is nominated for e position of National Treasurer, e nominee shall be a member of e Union in good standing. 13.6.2. Office Bearers at Provincial Level 13.6.2.1. The election of Provincial Office Bearers shall be made on nominations and duly seconded in e Provincial Congress. 13.6.2.2. Voting for Provincial Office Bearers shall be made by ballot. 13.6.2.3. Elected Provincial Office Bearers shall hold office for a period of four [4] years until next election for e position. 13.6.2.4. The nominee for any position of e Provincial Office Bearers shall be a member of e Union in good standing. 25
CHAPTER 8 14. PROVINCIAL CONGRESS 14.1. Composition 14.1.1. The PC shall consist of e Provincial Office Bearers, Provincial Gender Coordinators and delegates from locals elected as follows: 14.1.1.1. One delegate per hundred [100] members where a province has more an five ousand [5 000] members; 14.1.1.2. One delegate per fifty [50] members where a province has less an five ousand [5 000] members; 14.1.1.3. All provincial officials shall attend e Provincial Congress except at ey shall not have voting rights. 14.2. Powers and duties 14.2.1. The Provincial Congress [hereinafter referred to as PC] shall have such powers and duties as may be assigned to it by e CEC and NEC, which shall include e following powers and duties: 14.2.1.1. To implement and give effect to decisions of e NC, CEC and NEC; 14.2.1.2. To every four [4] years, elect provincial office bearers; 14.2.1.3. To consider reports of e activities of locals in e provinces; 14.2.1.4. To consider reports and e activities of e Provincial Executive Committee and e Provincial Office Bearers; 14.2.1.5. To formulate policies for e province provided at such policies will not be inconsistent wi e decisions of e NC, CEC, NEC, or provisions of is Constitution; 14.2.1.6. To generally carry out e aims and objectives of e Union wi regard to e organisation of workers in e province. 14.3. Meetings 14.3.1. The Provincial Congress may be convened by e Provincial Executive Committee, Provincial Working Committee whenever necessary on irty [30] working days written notice to all locals in e province 26
wi e approval of e National Executive Committee. A special PC may be convened wiin fourteen [14] working days after such notice to such locals. Such notice shall state e agenda for e meeting, as well as e venue date and time. 14.3.2. The quorum for meetings of a Provincial Congress shall be e majority of e locals, provided at: 14.3.2.1. Each local is represented by e majority of its delegates. 14.3.2.2. Each delegation shall consist of a majority of members of e local in good standing. 27
CHAPTER 9 15. PROVINCIAL SHOP STEWARD COUNCIL 15.1. Composition 15.1.1. The Provincial Shop Steward Council shall consist of all Provincial Office Bearers, all Local Office Bearers, Provincial Officials and Provincial and Local Gender Co-ordinators and convening LSCs' and PSCs'. 15.2. Powers and Duties 15.2.1. The duty of e Provincial Shop Steward Council shall be to adopt an annual programme of action for e Province. 15.2.2. To adopt e annual provincial budget. 15.2.3. To approve or reject e annual financial report of e province. 15.2.4. To assess e performance of e province and take corrective action where necessary. 15.2.5. To decide on e recommendations for e industrial action in e province. 15.2.6. To decide on e recommendations to dismiss a staff member. 15.2.7. To fill a vacancy in e provincial leadership between e Provincial Congress. 15.2.8. To discuss e Central Executive Committee [CEC] report. \ 15.3. Meetings 15.3.1. Provincial Shop Steward Council shall sit once a year except in e year where e Provincial Congress shall be sitting. 15.3.2. A quorum shall be two irds majority of e locals represented. 28
CHAPTER 10 16. PROVINCIAL EXECUTIVE COMMITTEE The management of e affairs of e province between Provincial Congress meetings shall be visited in e Provincial Executive Committee, [hereinafter referred to as PEC]. 16.1. Composition 16.1.1. The PEC shall be composed of: 16.1.1.1. The Provincial Chairperson, Provincial Vice-Chairperson, Provincial Treasurer, Provincial Secretary and Provincial Deputy Secretary. 16.1.1.2. Provincial gender co-ordinator. 16.1.1.3. Chairperson and secretary of each local. 16.1.1.4. Provincial officials and any person utilized by e province at any operational level shall not have voting rights; 16.1.2. A member of e PEC shall vacate his/ her seat in circumstances as ose which are applicable to e NEC. 16.2. Powers and duties 16.2.1. To assess e quality and standard of e service delivery to e membership. 16.2.2. To implement e resolutions of e Provincial Shop Stewards Council. 16.2.3. To discuss any recommendations on service delivery initiatives by e membership. 16.2.4. To develop strategies to assist Shop Stewards and Local Office Bearers in handling matters in eir respective areas of operation. 16.2.5. To prepare a report on e progress of e Province. 16.2.6. To decide on e deployment of resources wiin e Province. 29
16.3. Meetings 16.3.1. The PEC shall meet quarterly. 16.3.2. Notice of formal meetings togeer wi agendas, minutes of previous meetings and oer relevant documents shall be circulated by e Provincial Secretary ten [10] working days before e meeting is due to take place. 16.3.3. The Provincial Secretary shall give all PEC members fourteen [14] working days notice of any change of date of a normal PEC meeting and shall likewise give forty eight [48] hours written notice of any special urgent meetings of e PEC, togeer wi a written agenda specifying e issues requiring such a meeting, provided such period of notice and/ or written agenda may be waived wi prior consent of e majority of e members. 16.3.4. Only such business occasioned by e calling of a special urgent meeting of e PEC shall be discussed at such meeting. 16.3.5. The PEC shall have a quorum when at least ere is a majority of e locals present, and provided ese shall be a majority of locals in good standing. 16.3.6. If ere is no quorum present wiin sixty [60] minutes of e meeting, e meeting shall stand adjourned for seven days. At such an adjourned meeting e delegates present shall form a quorum. 30
CHAPTER 11 17. PROVINCIAL OFFICE BEARERS (POBs) 17.1. The election, removal, powers and duties of office bearers shall be in e same fashion as ose on e national level and ey shall liaise wi e respective national counterparts and keep em informed generally about e affairs of e province. 17.1.1. The Treasurer shall present a financial statement to each ordinary meeting of e Provincial Congress and shall generally exercise supervision over e financial affairs of e province and togeer wi e provincial secretary present e annual budget of e province. The PEC shall liaise wi e NEC on e employment of full-time or part-time officials, subject to e powers of e NEC to determine e terms of employment of such officials and subject to e powers of e CEC to ratify ese terms and conditions of service. 17.2. The Provincial Office Bearers must meet at least once a mon. 31
CHAPTER 12 18. LOCALS 18.1. Establishment of Locals 18.1.1. The CEC establishes and demarcates locals of e Union subject to e following: 18.1.2. The rational on e demarcation shall always be based on e improvement of service to e membership. 18.1.3. The guiding principle on e demarcation shall be at Locals: 18.1.4. Must consist of a number of institutions. 18.1.5. Must be wiin reach of its Office Bearers. 18.1.6. The local structure shall consist of Chairperson, Deputy Chairperson, Secretary and Deputy Secretary. 18.2. Powers and Duties of e Locals 18.2.1. The local Office Bearers shall exercise a political oversight on all e institutions in eir jurisdiction. 18.2.2. Shall supervise e provision of service to e members wiin eir jurisdiction. 18.2.3. Shall represent e union in e federation, community structures and any oer structures where e participation of e union is needed at local level. 18.2.4. Shall coordinate e union and e federations' campaigns at local level. Shall coordinate e political development of Shop Stewards. 18.2.5. Shall scrutinize reports on e performance of institutions. 18.2.6. Make recommendations to e Provincial Secretary on all matters relating to e membership. 18.3. Local Congress 18.3.1. Composition 18.3.1.1. Local office bearers, local gender coordinator and delegates shall be elected as follows: 32
18.3.1.1.1. One Shop steward per institution. 18.3.1.1.2.One extra delegate for every 150 paid up membership per institution. 18.3.2. Powers and duties 18.3.2.1. Institutions wiin e jurisdiction of each local shall elect eir office bearers every two years. 18.3.2.2. Candidates must be identified in general meetings members of an institution shall decide wheer to nominate one shopsteward to contest in e local structure. 18.3.2.3. If elected, e shop steward may also remain a shop Steward in his/her own institution as well. 18.3.2.4. The local congress shall meet once after every two years to elect its office bearers. 18.4. Local Shop Steward Council 18.4.1. Composition 18.4.1.1. Local Office Bearers and Local Gender Coordinator. 18.4.1.2. One shopsteward per institution. 18.4.2. Powers and duties of Local Shopsteward Council 18.4.2.1. To draft a two year political programme of e local. 18.4.2.2. To fill a vacancy of Office Bearers of e local. 18.4.2.3. To discuss e Provincial Shopsteward Council [PSC] report. 18.4.2.4. To assess e functioning of e local and make appropriate decisions. 18.5. Local Office Bearers. 18.5.1. The election, renewal, and duties of local office bearers shall be in e same fashion as on e provincial level. 18.5.2. The Local Office Bearers shall meet monly to discuss reports from institutions and prepare eir report to e Provincial Secretary. 18.5.3. During campaigns e Local Office Bearers shall meet as and when e programme or e campaigns demands. 33
CHAPTER 13 19. INSTITUTIONS 19.1. Institutional Committee 19.1.1. Each police station, prison and traffic department station shall elect its own institutional committee. 19.1.2. Members of e institution in a general meeting shall amongst emselves elect e institutional committee. 19.1.3. The institutional committee shall consist of at least ree office bearers depending on e number of its membership. 19.1.4. The committee shall hold office for a period of ree years. 19.2. Powers and Duties of e Institutional Committee 19.2.1. The Institutional Committees shall be responsible for: 19.2.2. Servicing e membership of eir institution. 19.2.3. Negotiating wi e management of eir institution on behalf of eir membership. 19.2.4. Carrying out eir duties as determined from time to time by e National Congress, Central Executive Committee, National Executive Committee, Provincial Congress and e Provincial Shop Steward Council. 19.2.5. Provide a report on eir performance. 19.2.6. Ensuring e observance of e organizational discipline. 19.2.7. Taking reasonable steps to address any deviation from e organizational discipline by any member or institutional office bearer. 19.2.8. Making a representation to e secretary of e province wi recommendations on e steps to be taken in e event at ey fail to address any matter successfully. 19.2.9. Reporting any dispute wi management to e provincial secretary for furer guidance and decisions on steps to be taken. 34
19.2.10. Recruiting members for e union. 19.3. Structures of e Institutional Committee. 19.3.1. The Institutional Committee shall consist of e Institutional Chairperson Institutional Secretary, One or more Shop Steward[s] depending on e membership. 19.4. Institutional Meetings 19.4.1. The Institutional Committee shall at least once a mon convene a general meeting of all members of e institution. 19.4.2. The meeting shall discuss issues affecting members in e institution and organization reports. 19.4.3. The committee meeting may include any member or a group of members e committee need to consult on specific matters. 19.5. Shop Stewards 19.5.1. The election of shop Stewards shall be in e general meetings of institutions. 19.5.2. The removal shall be e same as ose of e oer office bearers. 19.5.3. The term of office shall be two years. 19.6. Gender 19.6.1. is committed to e elimination of women's' subordination, e transformation of gender relations and empowerment of women in terms of representation, leadership and cadreship. Issues of gender will be regulated by e Gender Policy. 35