CONSTITUTION

 

  1. BACKGROUND

The formation of a progressive, non-aligned union for public service workers was conceptualized by the workers who decided to distance themselves, their membership from public sector unions who were alliance with political parties in government. These worker leaders were propelled by the need to have a clear identity as workers and by the clarity provided for by the historical mission of a trade union. The need to better the working conditions of public service workers to provide job security and a living wage without the effects of political interference and pollution.

The public service workers’ union envisaged must recruit all workers in the public service and unite them to ensure achievements in central bargaining. This public service union must ensure that it accelerates redress and imbalances in the work place whilst in pursuit of better lives for the public service workers and pushing back the frontiers of poverty. Furthermore the union should ensure that it brings back the dignity to the so undermined, low paid low morale public service worker.

The union aims at defending the rights of workers without compromise whilst ensuring that there is definite equity and redress within the working place where workers are appreciated on merit and skill acquired. The union will fight all forms of discrimination and imbalances. The union will ensure accelerated transformation within the workplace whilst without compromise. Also ensuring that there is provisioning of adequate resources to ensure efficient, prompt and effective service delivery.

2. PREAMBLE

As public service workers we see the need for a single non-aligned and independent public service union which must not be subjected to political interference and pollution. We have decided to organise all workers who are employed in the public service , state agents, institutions of further education and higher education.

The union has identified the need to accelerate transformation within the workplace, redress of imbalances created by preferential treatment , discrimination and favouritism due to political allegiance.

3.NAMES

The union is a voluntary association which shall be known as SOUTH AFRICAN PUBLIC SERVICE UNION, abbreviated as SAPSU, (herein after referred to as the union), which shall be constituted as laid hereafter.

4.HEAD OFFICE

The Central Executive Committee shall determine the location of the Head office.

5.LEGAL STATUS

The union is a non-profit making organisation. The union shall be a body corporate with perpetual succession capable of entering into contractual and other relations. It shall be able to sue or be sued in its own name.

The union shall be able to acquire and own property.

6.OBJECTIVES

6.1. To recruit all public service workers, state agent workers, further education and training workers.

6.2.To defend the workers’ rights within the work place

6.3.To engage in collective bargaining with the employer on behalf of the workers

6.4.To represent workers on labour matter affecting their employment

6.5. To defend workers legally on matters affecting their employment

6.6.To defend workers legally whilst in pursuit of the objectives of the union

6.7.To conduct research on matters affecting the union and its members

6.8.To engage in capacity building programmes that affect members in their workplace

6.9.To administer funds for the benefit of the union and its members

6.10.      To improve the salaries of members of secure a living wage

6.11.      To do all things which are in the interest of the union, its members and objectives

7.MEMBERSHIP                        

Members shall be open to any person who qualifies in terms of this constitution as follows:

7.1 Full membership

All persons who are employed in the public sectors as listed below:-

a)     Education

b)     Health and social development

c)     Social justice

d)     General Workers

e)     Safety and security

f)      Academics

g)     Administrators/ Managers

h)     Local Government

7.2 Application for membership

Application for membership shall be made through a form with the secretary where the member is employed.

8.SUBSCRIPTIONS

A subscription shall be determined by the National Congress and shall be payable monthly to the Secretary General. Records of each members’ contributions shall be kept by the Secretary General.

This provision does not apply to the period of inception or formation of the union. Those forming the union will decide.

Exceptions can be made by CEC on:

8.1 A member who becomes unemployed for 30 days or more

8.2 A member who is unable to work for 30 days or more on account of ill-health

8.3 A member shall cease to be a member in good standing if he/she is 3 months in arrears of payment of his subscriptions

9.REGISTRATION

A register of updated membership shall be kept at all workplaces by the secretary. The membership shall up-dated quarterly by the secretary and audited every six months by the branch secretary. An overall report shall be submitted to the provincial secretary and General Secretary

The membership audit should be done annually and before each Regional General Council,Provincial General Council, National General Council and all conferences and congress.

10.TERMINATION OF MEMBERSHIP

 

10.1. Any member may resign from the Union after giving three month’s written notice to her or his Branch Secretary.

10.2.Should a member, in the opinion of the BEC, conduct herself or himself in a manner which is detrimental to the interests of the Union and its members, her or his membership and benefits   arising there from may be suspended, or she or he may be expelled from the Union. Before any such sanctions are invoked the relevant committee or Council shall invoke disciplinary proceedings. The member may appeal the decision to the next higher and relevant committee or council. The appeal shall be lodged with the Secretary of the structure in writing at least seven days before the sitting of the Committee or Council. A member may further appeal to the CEC or any higher structure.

 

10.3.A member whose contract of employment has been terminated by her or his employer as a result of a labour dispute, or under circumstances which in the opinion of the relevant union structures renders her or his dismissal unfair, shall remain a member of the Union, and such a member shall be exempted from the payment of subscriptions until she or he is re-employed or until such date as the BEC may determine.

 

10.4.A member whose contract of employment as a teacher or educationalist has been terminated but who intends resuming employment as such shall remain a member for a period not exceeding twelve months. Membership shall automatically cease if she or he has not recommenced employment as a teacher or educationalist at the expiry of twelve months.

 

10.5.Membership shall lapse when subscriptions are six months in arrears.

11.APPEALS PROCEDURE

The following appeal procedure shall apply:

a)     A member must submit an appeal within 21 days of receipt of the decision

b)     Members of a branch shall appeal to the regional executive committee on any decision taken against them

c)     In the event they are not satisfied with the decision of the Regional Executive Committee, they shall have the right to appeal to the Provincial Executive Committee

d)     Members shall further have the right to appeal to the Central Executive Committee and if dissatisfied, they shall retain the right to appeal to the National General Council and ultimately to the National Congress whose decision shall be final

e)     The membership and benefits of the appellant shall remain in force until the matter is finalized

 

12.TRANSITION

For purposes of establishing the union and making it fully functional. The members establishing the union have the right to nominate by way of consensus members amongst themselves to positions existing in the constitution. Nominated members will have all powers to execute duties in the constitution and enforce observance of the constitution and perform all other functions of structures in the constitution and the union to ensure the furtherance of its objectives . Member nominated to these positions will serve on a fulltime basis in office in line with the provisions of the constitution.

This provision will be operational for one term and will cease to exist once a congress is held.

13.STRUCTURES OF THE UNION

13.1. Workplaces

13.1.1. Workplace Committee

A workplace committee is comprised of:

a)     Chairperson

b)     Shop steward

c)     Secretary

d)     Treasurer

13.1.2. Functions and powers of a work place committee

a)     To represent members in labour cases

b)     To recruit members at all work places

c)     To keep a site register of all members

d)     To represent the union at site level and where necessary consult the branch

e)     To convene all site meetings in line with the constitution

f)      To represent members’ grievances at site level

g)     To represent members and engage the management in resolving members’ grievances

h)     To engage in mandate collection

i)      To inform all members of the union of all decisions taken by higher structures of the union.

j)      To submit reports to the upper structures on a quarterly basis as required by the constitution

k)     To refer all matters that it deems necessary to upper structures of the union (Branch, Region, Province and National)

l)      To ensure that there is membership service and retention

m)   To ensure that programs of the union(capacity building and others) are cascaded to members

n)     To ensure membership retention by attending to members’ needs and grievances timeously

o)     Duties of a site work place committee

 

13.1.3. Duties of a work place committee

13.1.3.1. Shop steward

a)     Together with the chairperson and secretary convenes workplace meetings

b)     In charge of all deployments at the level of the site

c)     Represents members in labour cases at work place level

d)     Co-ordinate intervention where necessary

e)     Deals with membership recruitment

f)      Develops programs that will ensure membership capacity and retention

13.1.3.2. Chairperson

a)     Presides over all site meetings

b)     Together with the secretary and the shop steward, convenes workplace meetings

c)     Signs minutes of all workplace meetings

d)     Signs reports of the workplace which are submitted to the BEC

e)     Ensure observance of the constitution

13.1.3.3. Secretary

a)     Convenes workplace meetings in consultation with the chairperson

b)     Compiles and presents reports for the workplace as well as the SSC

c)     Records and present minutes to workplace meetings

d)     Keeps records of all correspondences and tables them in all meetings of the workplace committee

e)     Keeps an updated workplace register

f)      Ensures that programmes and decisions of the union are implemented and that members are informed of such

g)     Ensures that there is membership service

h)     Ensures that membership issues and grievances are attended to on time

13.1.3.4. Treasurer

a)     The treasurer shall keep all finance accounting records of the workplace

b)     She/ He shall give finance reports in workplace meetings

c)     Shall be a signatory to the bank account if any exist

d)     He/she shall, together with the secretary, authorise expenditure

 

 

13.1.4. Site Conference

 

a)     The site executive committee shall convene the site conference every two years

b)     A written notice convening the site conference shall be issued at least 21 days before the meeting sits

c)     The notice shall be issued to all workplace members

d)     The notice shall state the place, date, time and agenda of the meeting

 

13.1.5.  Quorum

 

a)     50%+1 majority of all members of the PEC shall constitute a quorum

b)     If within 1(one) hour the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 14 (fourteen) days

d)     Members present at the adjourned meeting shall form a quorum

 

13.1.6.  Powers of the site conference

 

a)     Adopt all site reports

b)     Elect new site members

c)     Engage and discuss any matters relating to employment of members, union and any other union matters deemed necessary

 

 

13.2.   BRANCHES

 

13.2.1.  Branch Executive Committee

13.2.1.1.               Functions and powers of a Branch Executive Committee shall be:-

 

a)     To approve or decline application for membership

b)     To manage , monitor and supervise all site workplaces and ensure the functionality of committees

c)     To attend to all reports and matters referred to it by the structures and members

d)     To ensure that all site structures and members receive information and decisions taken by the union and its structures

e)     To meet at least once a month

 

13.2.1.2.               Convening a Branch Executive Committee Meeting

 

a)     A normal branch executive (BEC) meeting shall be convened by the chairperson in consultation with the secretary.

b)     Members shall be given a written notice seven days prior to the date of the meeting.

c)     The notice shall specify the date, time, venue and agenda of the meeting

d)     Not withstanding 16.1(f), a special branch executive committee meeting shall be convened by the chairperson in consultation with the secretary

e)     The BEC shall implement decisions of all higher structures

f)      The BEC shall ensure the submission of all reports to relevant structures of the union

g)     The BEC shall have the right to reverse the decisions taken by site workplace committees which are in contravention to the union’s constitution, policies and existing decisions

h)     The BEC shall ensure the functionality of all sub-committees in the branch

 

13.2.1.3. Duties of the branch executive committee

(i)              The branch chairperson

 

a)     The chairperson shall preside at all meetings of the branch.

b)     The chairperson shall ensure the observance of the constitution at all times and its protection

c)     The chairperson shall be a signatory to the union financial accounting books

 

(ii)            The deputy chairperson

 

a)     The deputy chairperson shall perform functions of then chairperson as and when the chairperson is temporarily or permanently unable to perform his duties/functions

b)     The deputy chairperson shall perform other functions imposed by the union on him

 

(iii)           The treasurer

 

a)     The treasurer shall be in charge of the monies and assets of the union.

b)     The treasurer shall sign all transactions

c)     He/she shall prepare all prepare financial reports for meetings on a quarterly basis

d)     He/she shall prepare reports to all other meetings as dictated by the constitution

e)     Shall ensure that financial books are ready for auditing purposes

 

(iv)           The Secretary

 

a)     Shall convene meetings in consultation with the chairperson

b)     Shall issue out and sign notices of all meetings of the union

c)     Shall be in charge of all incoming and outgoing correspondences of the union

d)     Shall keep copies of all correspondences

e)     Shall table all correspondences and copies of such at all meetings of the BEC

f)      Shall keep records and minutes of the union

g)     Shall maintain and keep a membership of the union that shall be updated every three months

h)     Shall be in charge of deployments of office bearers of the union to meetings of structures and representing the union in employer meetings and other forums

i)      Shall authorise all expenses of the union

j)      Shall allocate responsibilities and duties in line with the constitution

k)     She/he shall remain with the discretion to withdraw such as when he/she deems it fit

l)      Shall ensure observance of protocols of the union as chief protocol officer

m)   Shall table all reports of the union to structures

n)     Shall issue out notices to convene all subcommittee meetings

o)     Shall be a signatory to the financial accounts of the union

p)     Shall be in charge and ensure the functionality of programmes, campaigns and capacity programmes of the union.

q)     Shall ensure that financial books and records are availed and submitted for auditing purposes

r)      Shall perform all other functions imposed by the union

 

(v)             The deputy secretary

 

a)     Shall assist the secretary in his performance of his duties

b)     Shall perform all other functions imposed by the union

 

(i)              Sector Heads

 

a)     Shall be to assist the Branch Secretary on all matters pertaining to the sector

b)     Compile and submit sector to the Branch Secretary

c)     To chair all Branch Sector sub-committees

d)     Represent the sector in the Branch Executive Committee

 

 

13.2.2.  Branch Conference

13.2.2.1.               Convening the Branch Conference

 

a)     Branch conference shall be convened once every three years (biennially)

b)     The branch executive council shall convene the branch conference

c)     A written notice convening the branch conference shall be issued at least 21 days before the meeting sits

d)     The notice shall be issued to all workplace committees

e)     The notice shall state the place, date, time and agenda of the meeting

 

13.2.2.2.               The branch conference shall comprise of the following members:-

 

a)     The branch chairperson

b)     Deputy chairperson

c)     Secretary

d)     Deputy Secretary

e)     Treasurer

f)      Branch Sector Heads

g)     All workplace committees plus 3 members per workplace

 

13.2.2.3.               Quorum

 

a)     50%+1 majority of all conference delegates shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 30 (thirty)days

d)     Members present at the adjourned meeting shall proceed with the adjourned meeting

 

13.2.2.4.               Functions and powers of the branch conference

 

a)     Receive detailed reports and adoption of such reports

b)     Ratify, amend and reverse decisions of the BEC

c)     Elect of office bearers

d)     Engage on all union and member issues that the conference deems fit

 

13.2.3.  The Branch Local Council

13.2.3.1.               The Branch Local Council shall comprise of the following structures:-

 

a)     The Branch Executive Committee members

b)     The Site executive committees

 

13.2.3.2.               Convening the Branch Local Council

 

a)     The BLC shall be convened by the branch chairperson in consultation with the branch secretary

b)     A written notice convening the BLC shall be issued at least 24 days before the meeting sits

c)     The notice shall be issued to all BEC’s and all members of the BLC

d)     The notice shall state the place, date, time and agenda of the meeting

 

13.2.3.3.               Functions and powers of the Branch Local Council

The BLC shall :-

a)     Analyse the state of the branch

b)     Recover and review the branch membership

c)     Ratify, amend or reverse decisions of the BEC and site workplace

d)     Receive, adjudicate over and adopt the secretariat reports

e)     Receive, adjudicate over and adopt financial reports

f)      Provide recommendations to be adopted as resolutions to in such a                                                           meeting and to higher structures

g)     Ensure compliance with union policies, programmes and the constitution

h)     Recover comprehensive reports on grievances and how they were resolved in the workplaces and adjudicate on further action

i)      Recover reports and recommendations on all disciplinary matters involving members

j)      Ratify , amend or reverse decisions taken by the Branch Disciplinary Committee

 

 

13.2.4. Special Branch Local Council

13.2.4.1. Convening the Special Branch Local Council

 

a)     The special BLC shall be called by the Branch chairperson in consultation with the branch secretary

b)     A written notice convening the BLC shall be issued at least 7 days before the meeting sits

c)     The notice shall be issued to all BEC’s and all members of the BLC

d)     The notice shall state the place, date, time and agenda of the meeting

 

13.2.5. Branch Mass Meetings

13.2.5.1. Convening Branch Mass Meetings

a)     The branch mass meeting shall be called by the Branch chairperson in consultation with the branch secretary

b)     A written notice convening the BLC shall be issued at least 14 days before the meeting sits

c)     The notice shall be issued to all BEC’s and all workplace committees

d)     The notice shall state the place, date, time and agenda of the meeting

e)     Functions and powers of the branch mass meeting shall be:-

f)      Ratify , amend or reverse decisions of the BEC and of the BLC

g)     Replace or recall elected leaders

h)     Adopt resolutions to congress, conferences and general meetings

i)      Discuss and implement union policies and enforce constitutional observance

j)      Discuss and resolve on any matter that affects membership and the union at branch level

k)     Make recommendations and resolve to the region ,Province and National on any matter that affects the union and membership

l)      Receive reports on the state of the branch and any other union decisions from structures of the union

m)   Shall be the highest decision making structure in the branch

 

13.2.5.2. A Quorum

a)     50%+1 majority of branches shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 14 (fourteen) days

13.3.   REGIONS

13.3.1. Regional Working Committee

13.3.1.1. Meetings

a)     The Regional Working Committee shall meet at least once a month

b)     The RWC shall be convened by the chairperson in consultation with the secretary

c)     A written notice convening the RWC shall be issued at least 7 days before the meeting sits

d)     The notice shall be issued to all RWC members.

e)     The notice shall state the place, date, time and agenda of the meeting

 

13.3.1.2. Functions and powers of the Regional Working Committee

a)     Implement decisions of the Regional Executive Committee and account to it

b)     Ensure that branches and workplace committees are functional

c)     Present quarterly reports to the REC

d)     Represent the Union at Regional level on engagement with the employer

e)     Ensure that there is adequate representation in relation to (d)

f)      Ensure that members’ grievances and problems are handled at these levels

g)     Handle all membership and union matters referred to it by branches

h)     Ensure the observance of the constitution and union protocol

i)      Implement the decisions of the REC

j)      Intervene and resolve problems referred to it by branches or members

 

13.3.2.  Regional Executive Committee

13.3.2.1.               Meetings

 

a)     The Regional Executive Committee shall meet at least once in three months(quarterly)

b)     The RWC shall be convened by the chairperson in consultation with the secretary

c)     A written notice convening the REC shall be issued at least 7 days before the meeting sits

d)     The notice shall be issued to all REC’s and all members of the BLC

e)     The notice shall state the place, date, time and agenda of the meeting

 

The REC shall comprise of the following members

a)     Regional Working Committee members

b)     Branch Executive Committee members

 

13.3.2.2.               Quorum

 

a)     50%+1 majority of branches shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 14 (fourteen) days

 

13.3.2.3.               Functions and powers of the REC

 

a)     To ratify, amend or reverse decisions of the RWC

b)     To supervise the branches and workplace committees

c)     To manage the affairs of the Region

d)     Receive quarterly reports on finances

e)     Receive quarterly reports on the state of the region

f)      Receive reports and recommendations from sub-committees of the region

g)     Ratify, amend or substitute recommendations stated in (f)

h)     Adopt resolutions

 

13.3.3.  Regional General Council

13.3.3.1.               Convening of the Regional General Council

 

a)     The regional general council shall be convened at least once per year

b)     The regional executive committee shall convene the RGC

c)     A written notice convening the regional conference shall be issued by the secretary to at least 21 days before the meeting sits

d)     The notice shall be issued to all members in the region

e)     The notice shall state the place, date, time and agenda of the meeting

The following shall be members of the RGC:-

a)     RWC

b)     BWC

c)     The workplace committee

 

 

 

13.3.3.2.               Quorum

 

a)     50%+1 majority of all conference delegates shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 30 (thirty)days

d)     Members present at the adjourned meeting shall proceed with the adjourned meeting

 

 

13.3.3.3.               Functions and powers of the RGC

 

a)     Adoption of reports

b)     Ratify, Adopt or reverse decisions of the REC

c)     Replace leaders where there are vacancies

d)     Resolve on motions from branches and formulate policies from such

e)     Engage with existing policies

f)      Make proposals on constitutional amendments

g)     Receive report on the functionality of branches and workplaces

h)     Manage membership retention and recruitment Engage on any union matters as the conference deems it fit

 

13.3.4.  Regional Conference

13.3.4.1.               Convening a Regional Conference

 

a)     The Regional conference shall be convened once every 3 years

b)     The Regional conference shall be convened by the Regional Executive Committee

c)     A written notice convening the regional conference shall be issued at least 21 days before the meeting sits by the secretary of the Region

d)     The notice shall be issued to all branches

e)     The notice shall state the place, date, time and agenda of the meeting

The following shall be members of the Regional Conference

a)     RWC

b)     BEC

c)     Chairperson, shop-steward, secretary and one member of the site

 

13.3.4.2.               Quorum

 

a)     50%+1 majority of all conference delegates shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 30 (thirty)days

d)     Members present at the reconvened meeting will continue with the meeting despite their number

 

13.3.4.3.               Functions and powers of the Regional Conference

 

a)     To receive and adopt reports from the REC

b)     To ratify, amend or reverse decisions of the REC and RGC

c)     To elect new office bearers and sub-committees

d)     To receive reports on the state of the union

e)     Receive finance reports

f)      Engage on any membership or union issues

g)     To engage on policy matters

 

13.4.   PROVINCES

 

13.4.1.  Provincial Working Committee

13.4.1.1.               Meetings

 

a)     The PWC shall meet at least once a month.

b)     The PWC meeting shall be called by the Provincial chairperson in consultation with the Provincial secretary

c)     A written notice convening the PWC shall be issued at least 14 days before the meeting sits

d)     The notice shall be issued to all PWC and all workplace committees

e)     The notice shall state the place, date, time and agenda of the meeting

 

13.4.1.2.               Functions and powers of the PWC

 

a)     Implement the decisions of the PEC

b)     Account to the PEC

c)     Ensure that regions, branches, and workplaces are functional

d)     Represent the union at provincial level and ensure that there is always representation at that level

e)     Ensure that members’ grievances are resolved

f)      Handle all union and membership matters referred to it by the regions, branches and workplaces

g)     Ensure that all union programmes are implemented

h)     Ensure that union policies, protocol and the constitution are observed

i)      Shall receive monthly state of the province and financial reports

j)      Shall present quarterly state of the province and finance reports to the PEC

 

13.4.1.3.             Duties of Provincial Working Committee

(ii)            The chairperson

 

a)     Shall chair all meetings in the province

b)     Sign all minutes after adoption

c)     Convene meetings in consultation with the secretary

d)     Represent the union meetings as and when required to do so by the union

e)     Be an official signatory to the union’s account

 

(iii)           The Deputy Chairperson

Shall perform the chairperson’s duties if he/she is temporarily or permanently unable to do that.

 

(iv)           The Secretary

 

a)     Shall convene meetings in consultation with the chairperson

b)     Shall issue out and sign notices of all meetings of the union

c)     Shall be in charge of all incoming and outgoing correspondences of the union

d)     Shall keep copies of all correspondences

e)     Shall table all correspondences and copies of such at all meetings of the BEC

f)      Shall keep records and minutes of the union

g)     Shall maintain and keep a membership of the union that shall be updated every three months

h)     Shall be in charge of deployments of office bearers of the union to meetings of structures and representing the union in employer meetings and other forums

i)      Shall authorise all expenses of the union

j)      Shall allocate responsibilities and duties in line with the constitution

k)     She/he shall remain with the discretion to withdraw such as when he/she deems it fit

l)      Shall ensure observance of protocols of the union as chief protocol officer

m)   Shall table all reports of the union to structures

n)     Shall issue out notices to convene all subcommittee meetings

o)     Shall be a signatory to the financial accounts of the union

p)     Shall be in charge and ensure the functionality of programmes, campaigns and capacity programmes of the union.

q)     Shall ensure that financial books and records are availed and submitted for auditing purposes

r)      Shall perform all other functions imposed by the union

s)     Monitor membership capturing and avail updates to structures

t)      Be in charge of all media issues including issuing statements

u)     Be in charge of all staff members and seconded officials in the provincial office

v)     Delegate or withdraw responsibilities as and when he deems fit

 

(v)             The Deputy Secretary

 

a)     Shall perform the secretary’s duties if he/she is temporarily or permanently unable to do that.

 

(vi)           The treasurer

 

a)     The treasurer shall be in charge of the monies and assets of the union.

b)     The treasurer shall sign all transactions

c)     He/she shall present all financial reports to PWC meetings on a monthly basis

d)     He/she shall present all financial reports to PEC on a quarterly basis

e)     He/she shall prepare reports to all other meetings as dictated by the constitution

f)      Shall ensure that financial books are ready for annual audits

g)     Shall present an annual budget to PWC and PEC’s

h)     Shall ensure that branches regions and the province comply with the financial policies of the union

 

 

(vii)          Sector Heads

 

e)     Shall be to assist the Provincial Secretary on all matters pertaining to the sector

f)      Compile and submit sector to the Provincial Secretary

g)     To chair all Provincial Sector sub-committees

h)     Represent the sector in the Provincial Working Committee

 

13.4.2.  The Provincial Executive Committee

13.4.2.1.               Meetings

 

a)     The PEC shall meet at least once three months (quarterly).

b)     The PEC meeting shall be called by the Provincial chairperson in consultation with the Provincial secretary

c)     A written notice convening the PEC shall be issued at least 14 days before the meeting sits

d)     The notice shall be issued to all PEC members

e)     The notice shall state the place, date, time and agenda of the meeting

 

13.4.2.2.               The PEC shall be comprised as follows:-

 

a)     The Provincial office bearers

b)     The Regional office bearers

 

13.4.2.3.               Functions and Powers of the PEC

 

a)     To manage the affairs of the Province

b)     To co-ordinate, supervise, and ensure that all Regions, Branches, and workplaces are functional

c)     To receive, interrogate and adopt reports from the PWC

d)     To ensure implementation of all discussions of the various structures of the union

e)     To intervene on all matters raised and referred to it by members and structures of the union

f)      Shall ensure observance of protocols, policies and the constitution of the union.

g)     Convene the Provincial General Council

h)     Review, amend or reverse all decisions of the PWC, Region, Branch and workplace

i)      Appoint and dissolve all subcommittees of the PEC

j)      Review, amend and reverse all recommendations of the subcommittees

k)     Submit reports to lower and upper structures of the union

l)      Ensure that there are no unnecessary conflicts between a member and a member, structures and members

m)   Intervene promptly on union issues

 

 

13.4.2.4.               Quorum

 

a)     50%+1 majority of all members of the PEC shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 14 (fourteen) days

 

 

13.4.3   The Provincial General Council

13.4.3.1.               Meetings

 

a)     The Provincial General Council shall be convened once each year

b)     The PGC shall be convened by the PEC

c)     A written notice convening the PGC shall be issued by the secretary at least 21 days before the meeting sits

d)     The notice shall be issued to all the regions

e)     The notice shall state the place, date, time and agenda of the meeting

f)      The PGC shall comprise of the following members:

  • PWC
  • RWC
  • Chairpersons and secretaries of branches

 

13.4.3.2.               The functions and powers of the PGC

 

a)     Receive and adopt the report from the REC

b)     Ratify, amend or reverse REC decisions

c)     Replace leaders where there are vacancies

d)     Formulate policies

e)     Analyse the functionality and state of the organisation in between conferences

f)      Act as an appeal structure for branch

g)     To engage on any matter of the union and its members as it deems fit

 

13.4.3.3.               Quorum

 

a)     50%+1 majority of all conference delegates shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 30 (thirty)days

d)     Members present at the adjourned meeting shall proceed with the adjourned meeting

 

13.4.4.   The Provincial Conference

13.4.4.1.   Meetings

a)     The provincial conference shall be convened at least once every four years

b)     The provincial conference shall be convened by the PEC

c)     A written notice convening the Provincial conference shall be issued by the secretary at least 21 days before the meeting sits

d)     The notice shall be issued to all the region

e)     The notice shall state the place, date, time and agenda of the meeting

 

13.4.4.2.               The Provincial Conference shall compromise of:

 

a)     PWC

b)     RWC

c)     BEC

d)     Chairpersons, secretaries and shop-stewards of workplaces

 

13.4.4.3.               Quorum

 

a)     50%+1 majority of all conference delegates shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 30 (thirty)days

d)     Members present at the adjourned meeting shall proceed without quorum

 

13.4.4.4.               Functions and powers of the Provincial Conference

 

a)     Receive, adopt or reject reports from the PEC

b)     Ratify, amend or reverse decisions of the PEC and PGC

c)     Adopt policies

d)     Elect new office bearers

e)     Formulate sub-committees

f)      Assess the state of the organisation

g)     Engage in any other union or member issue that it deems fit

 

13.5.       NATIONAL

 

13.5.1.  National Working Committee

13.5.1.1.               Meetings

 

a)     The NWC shall meet at least once a month.

b)     The NWC meeting shall be called by the Provincial chairperson in consultation with the Provincial Secretary

c)     A written notice convening the BLC shall be issued at least 14 days before the meeting sits

d)     The notice shall be issued to all BEC’s and all workplace committees

e)     The notice shall state the place, date, time and agenda of the meeting

 

13.5.1.2.               Functions and powers of the NWC

 

a)     Implement the decisions of the NEC

b)     Account to the NEC

c)     Ensure that Provinces ,Regions and Branches workplaces are functional

d)     Submit quarterly reports to the NEC

e)     Represent the union at national level in engagements with the employer or ensure that the union is represented at all material times

f)      Ensure that members grievances are resolved and where necessary legal representation is solicited Handle all union and membership matters referred to it by the Province, Region, Branches, workplaces and members at large

g)     Ensure that union programmes are implemented

h)     Ensure that union policies, protocol and the constitution are observed

i)      Shall receive monthly reports on the state of the union and finances.

j)      Shall intervene in Provinces , Regions, Branches and Sites where matters have been referred to them

 

13.5.1.3.               The functions of NWC members

 

(viii)        The President

 

a)     The president shall chair all the meetings held at National level

b)     The president shall sign all adopted minutes of all meetings

c)     The president shall ensure that the constitution is observed at all meetings of the organisation

d)     The president shall perform other duties imposed upon him/her by the union

 

(ix)           The two Deputy Presidents

 

a)     The deputy presidents shall be a male and a female

b)     They shall perform the duties of the president wherein the president is temporarily or permanently unavailable

 

(x)             The Secretary General

 

a)     Shall convene meetings in consultation with the chairperson

b)     Shall issue out and sign notices of all meetings of the union

c)     Shall be in charge of all incoming and outgoing correspondences of the union

d)     Shall keep copies of all correspondences

e)     Shall table all correspondences and copies of such at all meetings of the BEC

f)      Shall keep records and minutes of the union

g)     Shall maintain and keep a membership of the union that shall be updated every three months

h)     Shall be in charge of deployments of office bearers of the union to meetings of structures and representing the union in employer meetings and other forums

i)      Shall authorise all expenses of the union

j)      Shall allocate responsibilities and duties in line with the constitution

k)     She/he shall remain with the discretion to withdraw such as when he/she deems it fit

l)      Shall ensure observance of protocols of the union as chief protocol officer

m)   Shall table all reports of the union to structures

n)     Shall issue out notices to convene all subcommittee meetings

o)     Shall be a signatory to the financial accounts of the union

p)     Shall be in charge and ensure the functionality of programmes,campaigns and capacity programmes of the union.

q)     Shall ensure that financial books and records are availed and submitted for auditing purposes

r)      Shall perform all other functions imposed by the union

s)     Monitor membership capturing and avail updates to structures

t)      Be in charge of all media issues including issuing statements

u)     Be in charge of all staff members and seconded officials in the provincial office

v)     Delegate or withdraw responsibilities as and when he deems fit

w)    Shall be in charge of marketing and benefits and sign all legal agreements on behalf of the union

x)     Shall be the chief media officer and editor of all publications

y)     Shall act as chief accounting officer of the union

z)      Shall be an ex-officio member of all the provincial ,regional, branch and workplace structures of the union

aa)  The Secretary General shall be

 

(xi)           Deputy Secretary General

 

a)     The Deputy Secretary General shall perform the duties of the president wherein the president is temporarily or permanently unavailable

 

(xii)          National Treasurer

 

a)     The treasurer shall be in charge of the monies and assets of the union.

b)     The treasurer shall sign all transactions

c)     He/she shall present all financial reports to NWC meetings on a monthly basis

d)     He/she shall present all financial reports to CEC on a quarterly basis

e)     He/she shall prepare reports to all other meetings as dictated by the constitution

f)      Shall ensure that financial books are ready for annual audits

g)     Shall present an annual budget to NWC and CEC’s

h)     Shall ensure that branches regions and the province comply with the financial policies of the union

 

(xiii)        Sector Heads

 

i)      Shall be to assist the SG on all matters pertaining to the sector

j)      Compile and submit sector to the Secretary General

k)     To chair all National Sector sub-committees

l)      Represent the sector in the National Working Committee

 

 

13.5.2. Central Executive Committee

13.5.2.1. Meetings

a)     The Central Executive Committee shall meet at least once in three months

b)     The Central Executive Committee meeting shall be called by the President in consultation with the Secretary General

c)     A written notice convening the CEC shall be issued at least 14 days before the meeting sits

d)     The notice shall be issued to all CEC members

e)     The notice shall state the place, date, time and agenda of the meeting

 

13.5.2.2. The CEC shall comprise of:

a)     NWC (inclusive of sector heads)

b)     PWC members

c)     Regional Chairs and Regional Secretaries

 

13.5.2.3.   Functions and powers of the Central Executive Committee

a)     Manage the affairs of the union

b)     To ensure that all structures of the union are fully functional

c)     Receive reports from the working committee on all union matters

d)     Review, amend or reverse all decisions of the Provincial ,Regional and Branch structures of the union

e)     Ensure the observance of protocol

f)      Ensure implementation of union policies

g)     Ensure observance of the constitution by all members of the union

h)     Convene the National Congress

i)      Convene the National General Council

j)      Appoint sub-committees on all matters referred to it and dissolve such committees

k)     Engage employees of the union

l)      Define duties of employees of the union

m)   Determine remuneration of the employees of the union

n)     Shall determine the remuneration of the Secretary General who shall be a full time office bearer

o)     Shall determine the remuneration of the President who shall be a full time office bearer

p)     Institute or defend legal proceedings by or against the union

q)     Institute or defend legal proceedings on individual members in relation to their employment

r)      Acquire property on behalf of the union and administer such property

s)     Operate banking accounts on behalf of the union

t)      Take decisions which are in the interest of the union and not inconsistent with the provisions of the constitution

u)     Intervene in all matters referred to it by members and structures of the union

v)     Receive reports from all sub-committees

w)    Amend, ratify , reverse or adopt such recommendations as presented

 

13.5.2.  NATIONAL GENERAL COUNCIL

 

13.5.2.1.               Convening the National General Council

 

a)     The National General Council shall be convened once per year

b)     The NGC shall be convened by the CEC

c)     A written notice convening the National Congress shall be issued by the secretary at least 30 days before the meeting sits

d)     The notice shall be issued to all the Provinces and Regions

e)     The notice shall state the place, date, time and agenda of the meeting

f)      The National General Council shall comprise

 

13.5.2.2.               The National General Council shall comprise of :

 

a)     Provincial Working Committee members

b)     Regional Chairpersons and Secretaries

c)     Branch Chairpersons and secretaries

d)     Chairpersons and secretaries of workplaces plus 1 member

 

13.5.2.3.               Quorum

 

a)     50%+1 majority of all conference delegates shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meetin

c)     The adjourned meeting must be reconvened within 30 (thirty)days

d)     Members present at the adjourned meeting shall proceed with the adjourned meeting

 

13.5.2.4.               Functions and powers of the National General Council

 

a)     Receive, amend and adopt reports from the NEC

b)     Adopt, amend or reject reverse decisions of the NEC

c)     Elect new office bearers where there are vacancies

d)     Fill in vacancies of sub-committees where they exist

e)     Assess the state of the organisation and develop interventions where necessary

f)      Engage in union or membership issues where it deems necessary

 

13.5.3.  National Congress

13.5.3.1.               Meetings

 

a)     The National Congress shall convene once every 5 years

b)     The National congress shall be convened by the CEC

c)     A written notice convening the National Congress shall be issued by the secretary at least 30 days before the meeting sits

d)     The notice shall be issued to all structures of the union

e)     The notice shall state the place, date, time and agenda of the meeting

f)      The National Congress shall comprise of the following members

g)     National working committee members

 

13.5.3.2.               The National Congress shall comprise of

 

a)     Provincial Working Committee members

b)     Regional Chairpersons and Secretaries

c)     Branch Chairpersons and secretaries

d)     Chairpersons and secretaries of workplaces plus 1 member

 

13.5.3.3.               Quorum

a)     50%+1 majority of all conference delegates shall constitute a quorum

b)     If within 2(two) hours the meeting does not quorate the chairperson must adjourn the meeting

c)     The adjourned meeting must be reconvened within 30 (thirty)days

d)     Members present at the adjourned meeting shall proceed with the adjourned meeting

 

13.5.3.3.               Functions and powers of the National Congress

 

a)     Receive, adopt or reject reports from the CEC

b)     Ratify, amend or reverse decisions of the CEC

c)     Formulate ,repeal, adopt, ratify policies of the union

d)     Amend the constitution

e)     Determine subscriptions

f)      Elect office bearers

g)     Receive and adjudicate on appeals from members and the structures of the union

h)     Analyze the state of the organisation

i)      Engage in any matter affecting the union and its members as it deems fit

j)      Elect subcommittees of the union

 14.BALLOTS

14.1. General

 

a)A ballot must be taken when it is required in terms of this constitution

b)A ballot must be taken of those members in respect of whom the Union intends to call a strike.

 

14.2.   Ballot Procedure

The following is the ballot procedure:

 

a)The relevant committee or meeting must appoint at least two scrutineers who may be members of the Union. The scrutineers must supervise the ballots being counted;

b)Each voter shall, in the presence of the scrutineer, be issued with a ballot paper which   clearly describes the issue and makes it impossible to identify the voter;

c)The voter shall make her or his mark in secret and shall deposit the ballot paper in a ballot box;

d)The chairperson shall inform the meeting or commitee;

e)The body of the Union conducting the ballot must act on the results of the decision of the majority voting in the ballot subject to the provisions of this constitution and the decisions of National Congress or National General Council;

f)The Provincial Secretary must keep branch and regional ballot

g)Papers and the Secretary General must keep national ballots. These ballot papers must be kept for three years.

 

15.PROCEDURES FOR ELECTIONS

a)Elections Under Normal Elective Requirements and Circumstances

b)Elections of office bearers in all structures of the Union shall be held as follows:

15.1. Candidate Nomination

15.1.1. Opening and Closure of Candidate Nominations

a)In accordance with the SAPSU constitution, the nomination of candidates shall be by the relevant structures (members in the case of site elections) present at the respective election.

b)Nominations shall be opened on dates and times determined by the relevant structural Executive Committee. The electing structure shall be entitled to close the nominations.

 

15.1.2. Nomination Screening and Validation

 

On closure of nominations, the electoral officer will screen all received forms in order to test their validity. A nomination shall be deemed invalid unless-

 

a)The nominee has indicated his/her acceptance of nomination by completing the relevant section of the nomination form; or the nominee has submitted a letter indicating acceptance of nomination.

b)The nomination form has been duly signed by the authorized or designated office bearer in that structure; or duly signed by a member in the case of a site.

c)The nomination form has been duly submitted at the place and within the time prescribed.

d)A structure cannot nominate or second two different candidates for the same position.

e)The Electoral officer upon presentation of the nomination audit report shall proceed to give an opportunity to those validly nominated, who otherwise have reconsidered their nominations to withdraw

 

15.2. Electoral Officers

 

Electoral Officers will be the following:

a)At site will be member/s of the BEC or deployee

b)At Branch will be the RWC or independent agency

c)At Region will be the PWC or independent agency

d)At Province will be NWCor an independent agency

e)At National will be an independent agency

 

 

15.3. Voting Method

 

a)The prescribed method of voting for all office bearers at all structures shall be via a secret ballot paper

b)The election shall be conducted on the basis of the first-past-the-post system (FPTP) in which, a voter shall be issued with a ballot paper.

c)In terms of the above methodology, a candidate who receives the highest number of votes shall be declared the winner of the election or elected to that position.

d)In an event there is a tie, there shall be a re-run of the elections until the tie is broken

A ballot shall be declared invalid and not included in the determination of the election results if :-

 

a)It has the voter identity

b)It has more than the required number of marks

c)or if it has been marked in such a way that it is impossible to determine the voter’s preference;

d)or if the ballot is not the official ballot paper issued by the Electoral Officer.

 

 

15.4. Voting Procedures

 

a)On completion of the nomination process the Electoral Officer shall prepare ballot paper/s. A number of contested positions may appear on one ballot paper. Names on the ballot paper shall be arranged in alphabetical order.

b)Voting shall be by secret ballot and subject to c) below, conducted simultaneously for all positions.

c)In the event, where one candidate contests more than one position, different rounds of voting shall be conducted starting with the position appearing first on the constitution.

 

Voting will be conducted according to the following procedures:

 

a)In the Site Confernce,Branch Conference,Regional Conference, Provincial General Council (PGC), Provincial Conference, National General Council (NGC) and National Congress, the voter shall be required to produce his/her Voting Identity Card/ Name Tag to the Electoral Officer. In the Site, Branch and REC members shall use their Identity Documents or other acceptable identification documentation for elections.

b)His/her name shall be checked against the voter’s register and when found; crossed off to ensure that the voter does not vote again;

c)Subject to 36.4 (c) above, voting for all positions shall be conducted concurrently. This means that, a voter shall be issued with ballot papers for all contested positions;

d)If a voter claims that s/he has spoiled his/ her ballot paper prior to it being lodged into the ballot box, the Electoral Officer shall issue him/her with a replacement ballot paper.

 

15.5. Credentials List

 

a)To ensure that only the authentic voters participate in the elections, a list of all delegates accredited to vote shall be compiled into a credentials list. The relevant structure’s Executive Committee shall be responsible for the compilation of such a list.

b)The Structural Executive Committee shall hand the credentials list over to the Electoral officer once the Conference or relevant structure has adopted it.

 

15.6. Counting Procedures

15.6.1. Reconciliation

a)Votes shall be counted as soon as voting has beencompleted.

b)Once the count has been completed, the Electoral

c)Officer completes the results form, which records the number of spoilt ballots, abstentions and total number of votes cast per candidate.

 

15.6.2. Recounts

 

a)The Electoral officer may decide to conduct a recount at any time before the declaration of the result.

b)The Electoral Officer shall conduct a recount on receiving a written request from an observer before the declaration of the result. Requests for a recount must be supported with reasons.

 

15.6.3. Declaration of the Result

 

a)The Electoral Officer shall declare the result to the electing meeting as soon as possible after counting has been completed.

 

15.6.4.   Election Observers

 

a)The election meeting shall appoint observers who shall in turn be entitled to witness the voting and the counting process.

b)All observers however are subject to the authority of the Electoral Officer. During the elections no one, unless authorized by the Electoral Officer, is allowed to touch ballot papers, or any other election materials. No information that may compromise the secrecy of the ballot may be disclosed.

 

15.6.5.   Electoral Complaints

 

a)The approval by the Election Observers of the election process is crucial to its integrity. To this end, approval will not be sought at the tail end but on completion of different phases of the election. Observers shall therefore be encouraged to bring complaints forward as they occur in order that the compliant may be acted upon timeously.

b)All complaints shall be dealt with by means of consensus. Should this fail however; the aggrieved parties shall be entitled to lodge a formal objection to a higher structure within 30 days as at the date of the election.

c)Written objections shall be registered with the Electoral Officer as soon as possible, before the final declaration of the results, by a candidate, observer or any ten voters. The grounds for such an application must be clearly explained.

d)Upon receipt of such an objection, the Electoral Officer shall convene a meeting of the outgoing Office Bearers who are not candidates to the election together with the election observers. The decision of this meeting shall be final subject to approval by the Conference or relevant structure.

e)During this process of objection and complaint the Ballot Box must be sealed and be kept in the safe place by the Provincial Secretary or relevant Secretary of the Structure.

 

15.6.6.   Elections under Special Circumstances: Bi – Elections

 

15.6.6.1. Bi – Elections may be conducted in (NGC, PGC, RGC , Branch Mass Meetings and site mass meeting) of the Union to elect an office bearer outside the usual term of office where an office bearer:

a)Dies or resigns

b)Is dismissed from the Union

c)Has failed to attend 3 consecutive meetings of the Executive or any other constitutional structure that s\he is obliged to attend without a written apology or valid reason

d)When s\he is no longer an employee/public servant in the site, branch, region and province

 

15.6.6.2.   Bi-Elections should be conducted in the following way in the different/relevant structures:

 

a)Site meetings shall conduct bi-elections in the presence of member/s of the BEC or a member deployed by the branch secretary.

b)The Branch General Meeting shall conduct bi-elections in the presence of RWC members.

c)Regional General council shall conduct bi-elections in the presence of Pwc members and may be managed by independent electoral officers appointed by the REC.

d)Provincial General Council shall conduct bi-elections in the presence of a NWC members and may be managed by independent electoral officers appointed by the PEC.

e)The National General Council shall conduct bi-elections and must be managed by independent agency /electoral officers appointed by the NEC.

 

15.6.7.   Procedures for bi-elections:

36.8.3.1In all cases where bi-elections shall be conducted the following procedure must apply:

a)The Secretary or any person mandated by the Executive at the relevant structure where the position or office exists, shall notify structures in writing of the existence of that position/office being available and reasons that such position/office has become available

b)The above official shall issue a notice to all structures for the nomination of candidates and the closing date for receipt of nominations

c)The official of the structure higher than the structure where the position/office exists or an independent observer appointed in the case of the Provincial or National structure, shall be responsible to handle all the nomination forms until the elections have been completed

d)Vacancies emanating from such bi-elections to be filled at the same meeting.

DECISION-MAKING PROCEDURES

 

Decisions in the union shall be taken in the following manner :

 

a)By consensus

b)By vote which shall be by show of hands or secret ballot on matters on matters which are sensitive or contentious

16.FINANCES

16.1. All subscriptions and levies from members or any other funds payable to the Union shall be remitted to the Secretary General and shall be deposited to its credit within three days of receipt thereof.

16.2. One or more bank accounts shall be operated by the Union with such approved financial institution as the Central Executive Committee may from time to time decide upon and all such accounts shall be in the name of the, South African Public Sector Union.

16.3. The Central Executive Committee shall from time to time direct that monies not required for immediate use be invested with approved financial institutions.

16.4. The signatories to the National Account shall be the President, Treasurer, Secretary General and two members of the National Executive Committee appointed for that purpose by the Central Executive Committee, any three of whom shall jointly sign cheques. The signatories to the other accounts of the Union shall be decided upon by the Central Executive Committee who may delegate such power to the Provincial, Regional and Branch Executive committees of the Union. All payments shall be made in accordance with the financial policy which will be adopted by the CEC from time to time in line with the constitution.

16.5.   In the event of any one or more signatories being unable or more signatories being unable or unwilling to be a   signatory to such cheques, the Central Executive Committee may appoint such other signatories as it deems suitable.

16.6.   Monthly allocations to Provinces, Regions and   Branches shall be made on the account authorisation of three signatories to the The National Congress shall determine the proportional basis according to which allocations are to be made. The Central Executive Committee shall decide on any appropriate measures to be taken in the event of failure by a Province, Region or Branch to account for funds allocated.

16.7. The Treasurer shall submit to the Central Executive Committee at each ordinary meeting a detailed report on financial affairs of the Union.

16.8.   The books of the Union shall be audited at least once a year by certified auditors approved by the Central Executive Committee.

16.9.   The financial year of the Union shall commence on I January and end on 31 December of each year.

16.10.   All funds of the Union shall be managed according to the financial Policy stipulated in the Finance Manual and determined by the CEC from   time to time.

16.11. True copies of the consolidated audited accounts of the Union together with the auditors’ report shall be made available to allmembers of the Union at all offices of the Union.

16.12. The Central Executive Committee may at any time with a view to securing funds for any particular lawful purpose contemplated by the Constitution impose a levy provided that not less than fourteen days notice of the proposed levy has been given to all Provinces, Regions and Branches; provided further that any Provincial Conference may demand that a ballot of members of the Union be taken on the subject. The purpose of the levy shall be clearly set out in the notice as well as the period of operation of such levy. Such levies may differentiate on the basis of earnings and may be either fixed amounts or a percentage of   earnings. Under no circumstances shall the amount of the levy exceed two and a half percent of any member’s earnings for any calendar year and shall not apply for more than one year.

16.13. No Profits or gains of the Union will be distributed to any person and the funds of the Union shall be utilised solely for the attainment of the objectives for which the Union was established.

17. INDEMNIFICATION OF OFFICIALS, OFFICE BEARERS AND COMMITTEE

MEMBERS

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 incurred by reason of the performance of their duties on behalf of the Union and their liability shall be       limited to the amount of their subscription outstanding or other monies due to the Union at any time.

 

18.AMALGAMATION

18.1. If any association or union with the same or similar scope of this Unionintends to dissolve with a view to its members joining and its unexpended funds being transferred to the Union, then notwithstanding anything to the contrary contained in this Constitution, the members of the dissolving association or union shall be automatically admitted to full membership of the Union on the date of dissolution provided that the provisions of this clause shall cease to apply in respect of any member of the dissolving association or union who within three months of the   aforementioned date notifies the Union in writing that she or he does not wish to be a member. This clause in no way restricts a member of the dissolved association or union terminating her or his membership of the Union at any time .

18.2. The National General Council shall have the power to conclude an  agreement to amalgamate with any association or union whose scope    of membership is the same or similar to the Union.

 

19.DISSOLUTION

 

19.1.The Union may be dissolved by resolution of the National Congress in which a majority of at least two-thirds have voted in favour.

 

19.2. In the event of the resolution being adopted as provided by the National Congress or the remaining members of the Central Executive Committee shall appoint a liquidator to wind up the affairs of the Union. The liquidator shall not be a member of the Union.

19.3. The liquidator shall take the necessary steps to liquidate the debts of the Union from its unexpended funds and any other monies realised from any assets of the Union. The liquidator’s fees and expenses shall rank in order of preference as though the expenses were the cost of a sequestration of an insolvent estate.

19.4. After payment of all debts the remaining fund, if any, shall be transferred to another non-profit, tax-exempt organisation(s) with objects similar to the Union as the National Congress may decide.

19.5. The available members of the Union’s last appointed National Executive Committee shall ensure that the   provisions of section 103 of the Labour Relations Act No. 66 of 1995, as amended, are complied with in the winding up of the Union.

20.AMENDMENTS

The Provisions of this Constitution may be repealed, amended or added to or new Provisions inserted by a resolution passed by two-thirds majority at a meeting of the National Congress at which a majority of the representatives are present, provided that notice of the proposed amendment shall have been given to the General Secretary and circulated to all Branch Executive Committees, Regional Executive Committees and Provincial Executive Committees of the Union at least four weeks before the meeting of the National Congress. No changes or additions shall have any force or effect until certified in terms of section 101 (3) of the Labour Relations Act No. 66 of 1995, as amended

 

21. INTERPRETATION

21.1. Any matter not provided for in this Constitution shall be dealt with by the Central Executive Committee and in the event of any doubt or dispute as to the meaning or interpretation of any phrase, clause, term or expression used in this Constitution, the resolution of the National Congress or National General Council, the interpretation thereof shall be made by the Central Executive Committee and its decision shall be final.

 

21.2. In the event that there is a conflict between decisions taken by the different representative structures of the Union, decisions of the more   representative structures shall take precedence. The order of precedence nationally, in each Province, Region and in each Branch shall be:

a)National Congress

b)National General Council

c)Central Executive committee

d)National Working Committee

e)Provincial Conference

f)Provincial General Council

g)Provincial Executive Committee

h)Provincial Working Committee

i)Regional Conference

j)Regional General council

k)Regional Executive committe

l)Branch Conference

m)Branch Mass meeting

n)Branch Executive committee

o)Branch working committee

p)Site conference

q)Site General meeting

r)Site Execitve Committee

21.3. Unless the context indicates otherwise, the following words and phrases shall mean:

21.3.1.   “member” shall mean a fully paid-up member of the Union;

21.3.2. “paid-up member” shall mean a full member whose subscriptions and levies are not in   arrears;

21.3.3. “Site” shall mean any any office of the south African Public sevice,institution and office of further Eduction and that of Higher Education,agencies of the state where union members are employed.;

21.3.4. “Union” means the South African Public Sector Union;

21.3.5. “Office Bearer” means any member elected to office in terms of this Constitution;

21.3.6. “Official” means any employee of the Union who is appointed to service, recruit and organise   members and to represent the Union in dealings with authorities and the community; and

21.3.7. masculine gender shall also mean feminine gender and vice versa.

 

22. REGISTRATION OF LOGO

The names SOUTH AFRICAN PUBLIC SERVICE UNION” and the SAPSU LOGO” are the registered trademarks with Companies and Intellectual Property Office (CIPRO), Department of Trade and Industry, and therefore the sole trademarks and intellectual property of SAPSUNo person, body, agency or affiliate or otherinstitutions, whether in person orofficial capacity may have the right touse the said trademarks unless it is registered user in terms of a written agreement of assignment of trademarks between the union and such person, body or institution.

 

23. CODE OF CONDUCT AND DISCIPLINE

 

23.1. This constitution and subsequent amendments on the constitution shall rule supreme. Policies, Rules, Standing orders and Regulations inconsistent with the constitution shall be invalid and void.

 

23.2. The following conduct(s) shall and will be a misconduct and subject to disciplinary action against a member of the union at any capacity and office.

A. Sowing racism, sexism, tribalism, chauvinism, religious and political intolerance and form of discrimination or segregation.

 

a)     Engaging in any activity that undermines unity and cohesion of the union.

 

b)    Behaviour which brings the union into disrepute or conduct that manifest a serious violation of the moral integrity of any member expected of such a member.

 

c)     Any member of the union working with any person in and or outside the union to cause disunity or undermining the effectiveness of the union.

 

d)    Any act which causes gross disorder and unruly behaviour to the union or and to any member or official.

 

e)     Disruption(s) of meeting(s) and or interfering with the serious functioning of the union.

 

f)     Any act used to stifle debate and or denying union members to participate in election or any other duty and or democratic right and or obligation.

 

g)     Any act to provoke serious divisions and or break down of unity in the union.

 

h)    Any act in abuse of any nature including that of sexual, physical to any man, women and children.

 

i)      Every member of the union is a subject of the constitution without exception.

 

j)      Site, Branch, Region, Province and National will appoint a reputable firm of attorneys and or Alternative Dispute Resolution and or a member of the society in good standing or reputation to be the Chair of any Disciplinary hearing(s).

 

k)    Site, Branch, Region, Province and National will choose any member of the union in good standing from another Site, Branch, Region, Province and National to prepare a charge sheet and be prosecutor of that charge sheet.

 

l)      All the disciplinary hearing should be based on corrective nature than penal in the first instance.

 

m)   All expulsion(s) from the union should be ratified by the conference and or CEC in between conferences.

 

n)    All appeals shall be handled by the upper body of the structure instituting disciplinary hearing and ratified by the CEC and or National conference.

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