National Constitution
Fri, 11/21/2008 - 21:35 — admin
NTESU National Constitution: PREAMBLE STATEMENT To these ends is established an organisation representing employees in tertiary education and related institutions in South Africa.
* To protect and advance the rights, opinions needs and interests of the membership of the National Tertiary Education Staff Union and by extension the interests of Tertiary Education in South Africa and its communities.
* To eliminate differences in benefit, entitlement and process and provide general protection for employees in the sector.
* To engender the principles of co-determination between employer and employee and foster an environment that ensures current, or higher, standards of excellence in the work, teaching and research of tertiary education institutions.
* To meet and respond to any perceived need to resolve contemporary problems facing society and foster teaching and research in the fulfilment of justice, peace, equality and social harmony and development.
* To uphold the rights of individuals accorded by the Constitution and Laws of the Republic of South Africa.
1. NAME
1.1 The organisation shall be called NATIONAL TERTIARY EDUCATION STAFF UNION, hereinafter also referred to as the organisation or NTESU.
2. AIMS AND OBJECTIVES
2.1 To organise and represent all employees in the tertiary education sector and related institutions.
2.2 To protect and advance the rights and interests of the members at all levels of the organisation.
2.3 To make representation to the State, the employer bodies and to any other body, nationally or internationally, on behalf of the members of the organisation.
2.4 To bargain at all levels with the State and employers on issues which are relevant to the working life of the members.
2.5 To ensure the individual and collective representation of the members on all matters which might affect the working relationship of members with their employers.
2.6 To advance the democratic participation of members in the structures of governance at institutions of tertiary education and related institutions.
2.7 To critically examine the role of institutions of tertiary education in a changing society in an effort to promote the equitable and fullest utilization of the resources of these institutions.
2.8 To equip members with the relevant skills for effective participation in bargaining, policy-making and governance structures, and skills for the effective representation of their constituents.
2.9 To develop a sense of co-operation amongst all employees employed in the tertiary education sector nationally and internationally.
2.10 To promote the efficient functioning of the tertiary education and related institutions in South Africa, promote critical thinking and education, defend academic freedom and autonomy, intellectual, creative and other property rights.
3. NOT FOR GAIN ORGANISATION
3.1 NTESU shall be an independent organisation not for gain or profit,
3.2 No Office Bearer or member shall enjoy monetary gain from NTESU and/or its activities except that legitimate and documented expenses incurred in exercise of their legitimate duties, or co-opted duties, on behalf of NTESU may be reimbursed to them.
4. ORGANISING PRINCIPLES
4.1 The National Tertiary Education Staff Union shall be an organisation operating within the terms of the Labour Relations Act No. 66 (1995).
4.2 The organisation will seek to ensure that democracy operates at all levels of its structure.
4.3 The orientation of the organisation will be towards its members. It will establish internal communication mechanisms to maintain contact between its members at ail levels of the organisation and ensure that the needs and interests of its members remain its primary concern.
4.4 The organisation recognises the diverse nature of its membership, and will seek to be sensitive and responsive to the needs of ail its members.
4.5 At all levels within the organisation, as far as possible, any Office Bearer whose portfolio deals with affairs of a particular constituency, shall be elected from amongst members of that constituency, who shall be able to recall the Office Bearer if they feel their interests are not being served.
4.6 The organisation will maintain an independent identity within the broad. parameters of the Trade Union movement.
4.7 The organisation will seek to move towards financial self-sufficiency and take what actions necessary to diminish or eliminate dependence on donor funding.
5. THE NATIONAL CONGRESS
5.1 The National Congress shall be the highest decision making body of the organisation. Control of the organisation shall be exercised through the following in this order of precedence: National Congress National Executive Committee
5.1.1 The National Congress will meet at least every two years to determine matters relating to the policy and direction of the organisation.
5.1.2 The National Congress shall normally be chaired by the National President 5.1.2.1 On that person's absence, or inability to attend, one of the National Deputy Presidents elected by the other National Office Bearers.
5.1.2.2 Should these arrangements (either 5.1.2 or 5.1.2.1) be contested delegates at the National Congress may vote, on a correctly proposed, seconded and numbered motion in accordance with 5.7.3, to elect a person, nominated and seconded from amongst and, by delegates at the National Congress, who shall vote on the matter in accordance with the procedures in paragraphs 7.4 and 7.4.1 . 5.2 The National Congress will have the following functions:
5.2.1 to elect the National Office Bearers as required under section 7 below;
5.2.2 to formulate the policy of the organisation and to decide on appropriate programmes of action;
5.2.3 to consider reports from the National President, National Deputy Presidents, National Treasurer and General Secretary;
5.2.4 to utilize accumulated funds in accordance with section 1 6 of this Constitution and consider audited accounts presented by the National Treasurer, and choose auditors for the following financial period;
5.2.5 to determine subscriptions payable by members in accordance with section 12;
5.2.6 to make amendments to this Constitution in accordance with section 1 8;
5.2.7 to do whatever it deems necessary to advance the aims and objectives of the organisation;
5.2.8 to consider any written motions or resolutions proposed by member Branches, individual members or from the floor during the conduct of a National Congress.
5.3 The National Congress shall consist of:
5.3.1 The National Executive Committee.
5.3.2 Branch delegates, who shall be selected by the Branch Committees according to the following principles and who shall be registered as in attendance: Number of Branch members in good standing Number of Delegates allocated
1 to 50 1
51 to 100 2
101 to 300 3
301 to 500 4
501 to 800 5
801 to more 6
QUORUM
5.4 The National Congress shall be quorate if both (a) half of all the delegates, and (b) half of all the National Office Bearers is present at any time. A written power to exercise a proxy vote on behalf of any not present Branch delegate shall be counted into the quorum, provided the proxy voter is present at the time.
5.4.1 The meeting shall adjourn if a quorum is not reached within one (1) hour of the time set for starting the meeting.
5.4.2 In the event of an adjournment under 5.4,1 the meeting shall reconvene within fourteen (14) days but not later than forty-five (45) days from the date of the adjournment.
5.4.3 A meeting reconvened under 5.4.2 will be quorate.
VOTING
5.5 Delegates of Branches in good standing shall have the right to cast one vote each in respect of any voting taking place at a National or Special Congress, failing being in good standing such delegates will be observers. A written power to exercise a proxy vote on behalf of any not present Branch delegate shall be allowed provided the proxy voter is present at the time.
5.5.1 Voting shall be by ballot on an appropriate voting form specifying: the year of the National Congress; the motion or resolution number; blocks providing for a vote for, against or abstaining from the voting.
5.5.2 Any vote unless otherwise required elsewhere in this Constitution shall be carried by a simple majority.
5.5.3 A vote shall be considered spoilt if more than one voting block has been or appears to have been marked.
5.5.4 The meeting Chairperson shall have a casting vote
5.5.5 Ballot forms shall be folded and placed in a ballot box which at the conclusion of the voting period shall be opened and vote counting commence. 5.6 A branch not in good standing and observing may petition, with motivations, to be accorded speaking rights, which rights may be granted by consensus of a quorate meeting.
5.6.1 The times, circumstances and restrictions on these rights shall also be decided by consensus.
AGENDA, MOTIONS AND RESOLUTIONS
5.7 Notice of agenda, motions and resolutions:
5.7.1 The National Office Bearers, through the General Secretary, will inform all Branches of the date of the National Congress and call for nominations for National Office Bearers, motions and resolutions, at least three months before the Congress.
5.7.2 The General Secretary and the National Administrative Office shall circulate to all Branches, not less than thirty (30) days before the date of the Congress, all nominations received for the positions of the National Office Bearers, the agenda of the Congress and, any proposed motions or resolutions forwarded by Branches to be submitted to the Congress.
5.7.3 Motions or resolutions must be submitted in writing, indicating the proposer’s and seconder's names and signatures and the year of the Congress to which it is being submitted, to the General Secretary either, by post at least forty-five (45) days before the date of the Congress or, during the conduct of a National Congress. The General Secretary will assign the motion or resolution a unique number.
5.8 Minutes of the National Congress shall be taken in an appropriate manner by the National Administrative Office staff under the direction of the General Secretary and shall be disseminated to the Branches within one (1) month of the National Congress.
5.9 Minutes of a National Congress shall be ratified at the next National Congress and signed as such by the National President and General Secretary.
5.10 Minutes of National Congress shall be stored for the life of the organisation
6. SPECIAL CONGRESSES
6.1 A Special Congress, to address urgent issues, may be called under the following conditions:
6.1.1 if either the National Office Bearers or, more than half of the membership, deem it necessary to hold a Special Congress they shall follow these procedures providing motivations, a draft agenda and any proposed motions, resolutions, petitions or proposals to be presented to the Special Congress:
6.1.1.1 the National Office Beaters shall, through the National Executive Committee, propose to Branches that a Special Congress be held;
6.1.1.2 more than half of the total membership must petition the National Office Bearers, through the National Executive Committee, to convene a Special Congress. Within forty (40) days of them receiving that petition the National Office Bearers must organise and convene a Special Congress.
6.1.2 the proposal of a Special Congress shall be transmitted to the Branches by the quickest communication method available, and the Branches shall acknowledge receipt within one (1 ) working day of receipt.-of the communication;
6.1.3 the Special Congress will be held unless at least half of the Branches in good standing object to this in writing within twenty-one (21) working days of the last acknowledgment of receipt according to 6.1.2 above, failing sufficient objection the Special Congress shall be held within twenty-one (21) working days of the lapse of the 21 -day objection period;
6.1.4 any proposals, motions, resolutions or petitions presented in accordance with 5.7.3 or, counters to any of the proposals, motions, resolutions, petitions or agenda items notified by the National Office Bearers under 6.1.1, shall be sent to the General Secretary, through the National Administrative Office, within fourteen (1 4) days of the final announcement of the date of a Special Congress. The General Secretary shall, at least one (1) week before the Special Congress, supply to each Branch a final agenda for that Special Congress;
6.1.5 the Special Congress may only address the items submitted in the above manner (6.1.1; 6.1.4) during its proceedings, no other business, motions, resolutions, proposals or petitions will be discussed;
6.1.6 the rules governing representation, quorum, voting rights and voting procedure shall be the same as for a National Congress as stated in paragraphs 5.4, 5.5 and 5.6 except that no proxy voting shall be allowed.
6.2 Minutes of the Special Congress shall be taken in an appropriate manner by the National Administrative Office staff under the direction of the General Secretary and shall be disseminated to the Branches within one (1 ) month of the Special Congress.
6.3 Minutes of a Special Congress shall be ratified at the next National or Special Congress and signed as such by the National President and General Secretary.
6.4 Minutes of a Special Congress shall be stored for the life of the organisation.
7. NATIONAL EXECUTIVE COMMITTEE NATIONAL OFFICE BEARERS
7.1 The following National Office Bearer portfolios shall be elected at each National Congress after due nomination by one Branch in good standing and seconding by another Branch in good standing:
7.1.1 National President
7.1.2 Deputy President (Academic staff affairs)
7.1.3 Deputy President (General staff affairs)
7.1.4 Deputy President (College Affairs)
7.1.5 Deputy President (Policy)
7.1.6 National Treasurer
7.1.7 National Secretary
7.2 National Office Bearers shall hold office from one National Congress to the following National Congress.
7.3 The National Office Bearers shall be accountable to the National Congress, shall manage the affairs of the organisation for the period between National Congresses in terms of the mandate given by the National Congress and, shall implement the motions and resolutions of the National Congress.
ELECTION OF OFFICE BEARERS
7.4 Voting for these Officers in accordance with 5.4, 5.5 and 5.6 shall be under an appropriately numbered motion at the National Congress. In the event of only one nomination for a position that person shall be duly elected.
7.4.1 Where more than two candidates are nominated for any position as listed in 7.1 voting shall be by successive elimination where the candidate with the least votes in each round is eliminated until one of the final two candidates gains a majority over the other. If no majority is achieved new nominations for that position shall be called for and voted upon.
BYE-ELECTION OF OFFICE BEARERS
7.5 Bye-elections: if a National Office Bearer's position becomes vacant, other than under section 7.6, the remaining National Office Bearers shall be able to co-opt a temporary replacement and nominate a person to temporarily fill the vacancy.
7.5.1 All Branches must be notified of the vacancy and, of any co-option or, nomination or, both, by the National Office Bearers, and all Branches shall be able to submit nominations within one (1 ) month.
7.5.2 A postal ballot of all Branches shall be held if there are several nominations, unless a National or Special Congress is scheduled within the next three months after -the vacancy becomes open. Votes allocated to each Branch shall be calculated as under 5.3.2.
7.5.3 If no. nominations are received any person co-opted under 7.5 by the remaining National Office Bearers shall hold full right and office for the unexpired term of the outgoing person.
REMOVAL OF NATIONAL OFFICE BEARERS
7.6 Should any member or, group of members, including one or more of the National Office Bearers, consider that any National Office Bearer is completely failing to perform the duties ascribed to them or, is suspected of gross misconduct in managing the affairs of the organisation the following procedure may be invoked:
7.6.1 The remaining National Office Bearers shall be requested by any of the parties mentioned in 7.6 to call for a maximum of two nominations from the Branch Executive Committees for the formation of an Ad Hoc Investigation Committee within ten (10) days of the request.
7.6.2 This committee shall consist of five (5) members who are not National Office Bearers. A maximum of two persons per Branch will be appointed.
7.6.3 Should more than five (5) nominations be received, the first five received by the General Secretary shall, subject to 7.6.2, be appointed.
7.6.4 The Ad Hoc Investigation Committee shall have the power to suspend any person found guilty of any offence mentioned in 7.6 or, elsewhere in this Constitution relating to conduct of the office of National Office Bearer, pending a motion and vote of no confidence after the person or persons on both sides have presented their case at the next National or Special Congress, which vote will be carried by a majority in favour.
7.6.5 Any person suspended from office under this section shall immediately vacate the position and the vacancy so created shall be filled by co-option. The co-opted person shall hold full right and office for the unexpired term of office. If a National or Special Congress elects to reinstate the suspended Office Bearer before the term of office expires the co-opted person shall stand down.
7.6.6 The Ad Hoc Investigating Committee shall conduct its proceedings according to 7.6.7.
7.6.7. The Ad Hoc Investigating Committee shall gather whatever information they require, conduct any hearings they deem necessary and endeavour to come to a decision within thirty (30) working days of being appointed.
7.6.7.1 Hearings related to the charge of misconduct or dereliction of duty shall be according to the rules of natural justice, and recorded on audio tape and transcribed in full under similar conditions as in 9.4 and stored for three years after the final resolution of the issue.
7.6.7.2 Appeal against any such decision shall follow the rules stated in Section 11 and should such an appeal be upheld then the co-opted person shall stand down.
NATIONAL EXECUTIVE COMMITTEE POWERS AND FUNCTIONS
7.7 The National Office Bearers and the National Administrative Office staff shall together comprise the National Executive Committee which shall be accountable and exercise decision making in terms of section 7.3 and shall: manage the affairs of NTESU as mandated by the National Congress; attend to any administrative and general business directed to it by the membership, Branch Committees or, from any other source, either through the National Administrative Office or the National Secretary; and have the following powers:
7.7.1 to enter into any lawful general agreements (subject to provisions elsewhere herein) in furtherance of the aims, objectives and activities of the organisation;
7.7.2 open and operate banking accounts and invest surplus funds;
7.7.3 employ and discharge union officials and other staff;
7.7.4 they shall ensure that proper banking, sound and proper accounting and responsible investment strategies are adhered to,.
7.7.5 to admit to the organisation any Branches or individuals seeking membership of the organisation;
7.7.6 provide support to Branches so that organisational tasks and functions may be effectively and efficiently executed;
7.7.7 convene the National Congress and any Special Congresses in accordance with sections 5 and 6;
7.7.8 set up working groups to further the aims of the organisation. These may be separate working groups on issues affecting particular sectors of the membership;
7.7.9 take any lawful decisions in accordance with the aims, objectives and policies of the organisation;
7.7.10 where appropriate or required, they shall organise postal ballots;
7.7.11 to co-opt any NTESU member in a non-voting advisor capacity;
7.7.12 to institute, defence and/or support any legal actions, negotiations or disputes between members and employers or any other body or individual, within the means of NTESU.
7.8 The functions of the National Secretary shall include and, items under 7.8.2, 7.8.5 and 7.8.6 may be delegated to any member of the National Administrative Office staff:
7.8.1 giving direction to any National Administrative Office staff and in doing so ensure that the provisions of Sections 99 and 100 of the Labour Relations Act No 66 (1995) are complied with;
7.8.2 coordinating the negotiation of National and Branch level agreements and sign to such agreements on behalf of the organisation;
7.8.3 ensuring that appropriate and open office practices are pursued by the National Administrative Office staff in the day-to-day operation of the National Administrative Office;
7.8.4 ensuring that the official notifications for National Executive Comittee meetings, National Congresses and Special Congresses and, any other meetings of a national nature are timeously and correctly dispatched and, to table minutes or other documents and correspondence for the notice of, and/or ratification of any such by, any of these meetings;
7.8.5 attend to such correspondence as is directed to the National Secretary's office either by the correspondent or, the General Secretary at the National Administrative Office;
7.8.6 attend to any other business as directed by the National President or, the National Executive Committee or, a National Congress of the organisation;
7.8.7 to act in the absence of the National President until the next National Executive Committee meeting and a decision under paragraph 7.11 is taken.
7.9 The National Executive Committee shall meet at least four (4) times per year or more frequently as may be necessary.
7.10 No meeting of National Executive Committee shall be quorate unless at least two-thirds of the National Office Bearers, excluding vacant positions, are present at the start of the meeting.
7.10.1 A meeting of the National Executive Committee shall remain quorate should any person, or persons, have to vacate their seat for the rest of the duration of that meeting or, a period of time during that meeting, and at least two National Office Bearers and the National Administrative Office staff are still present.
7.10.2 The votes, in terms of paragraph 7.12, of any absent persons, regarding any decisions forthcoming shall be recorded in a clearly marked sealed vote or, their proxy shall be handed to the chairperson for that particular meeting, in writing.
7.11 A National Executive Committee meeting shall normally be chaired by the National President. In the event that that person is not available to act in this capacity a person may be selected to act in the stead of that person from amongst the other National Office Bearers. In the prolonged absence of the National President this person shall act as National President.
7.12 Unless, at a National Executive Committee meeting, the National President or, the acting National President, decides the need has arisen for an issue to be voted upon, decisions of a National Executive Committee meeting shall be by consensus.
7.12.1 In the event a vote has been decided upon by the National President, or the acting National President, at a National Executive Committee meeting that vote shall be by a show of hands and the counting recorded as votes for, against or abstaining.
7.13 Minutes of the National Executive Committee meetings shall be taken and recorded in an appropriate manner by the National Administrative Office staff, under the direction of the National Secretary, and shall be disseminated to the Branches within one (1) month of the National Executive Committee meeting.
7.14 Minutes of a National Executive Committee meeting shall be stored for the life of the organisation.
NATIONAL ADMINISTRATIVE OFFICE
7.15 The National Administrative Office may consist of a General Secretary, which shall be the senior position subject to 7.15.1, and, any other positions as the National Executive Committee or, a National Congress, deem to be necessary and within the means of the organisation. The General Secretary shall act as Permanent Secretary to the National Congress and National Executive Committee.
7.15.1 Should a General Secretary have been appointed under 7.15, that person shall be accountable to the National Office Bearers and the National Congress, shall hold the senior position in the National Administrative Office, perform any tasks and represent NTESU when and, as delegated by the National Secretary or the National Office Bearers or a Congress and shall exercise general day-to-day supervision and direction over the National Administrative Office staff.
7.15.2 Should a General Secretary not have been appointed under 7.15.1, or, should that person fail in this duty, or, be unable for whatever reason to carry out this duty, the National Secretary shall under the direction of the National Office Bearers delegate this function to another member of the National Administrative Office staff, or assume those functions pending the return of the General Secretary or resolution of any problem.
7.15.3 Should it not be within the means of the organisation to establish a National Administrative Office or, should the National Administrative Office become dysfunctional for whatever reason, the National Office Bearers shall amongst themselves take responsibility for all functions that might have been delegated to such an office.
7.15.4 The National Administrative Office staff shall be employed under such conditions and emoluments as determined by the National Executive Committee, under the guidance of the National Treasurer and guided by general principles as approved by a National Congress.
7.15.5 The National Administrative Office staff shall be Union Officials as defined in the Labour Relations Act no. 66 (1995).
7.15.6 The National Administrative Office staff shall attend meetings of the organisation but in a non-voting capacity.
8. CONDITIONS OF ADMISSION TO NTESU
8.1 Any person employed in any capacity in an institution of tertiary education or related institution shall be eligible to join NTESU provided that:
8.1.1 that person undertakes to uphold and endeavour to further the aims and objects of the organisation;
8.1.2 that person is not also a member of another organisation, which is also registered and certified by the Registrar (Labour Relations) at the Department of Labour and directly representing employees or employers in the same sector;
8.1.3 that person has completed the appropriate current membership form and payroll deduction authority and the latter has been submitted to, and accepted by, the employer.
8.2 Once the conditions provided for in 8.1 have been complied with a membership card will be issued and mailed to the member under the authority of the National Secretary.
9. CONDITIONS FOR SUSPENSION OR TERMINATION OF NTESU MEMBERSHIP
9.1 Any member found by a Branch Ad Hoc Disciplinary Committee and/or the National Executive Committee, after fair review according to the rules of natural justice, to have:
9.1.1 not upheld the aims and objectives of the organisation;
9.1.2 made financial gain from any associations with NTESU subject to 3.2 above;
9.1.3 attempted to influence any other member in their participation in the activities of NTESU by coercive, violent, threatening or intimidatory actions or, by an act in violation of any provision contained in the Labour Relations Act No. 66 (1995);
9.1.4 fallen into arrears, as defined in 13.6, as an individual member of NTESU without alleviation from the National Executive Committee; shall be suspended, or terminated from, membership of the organisation depending on the severity of offence as adjudged by the National Executive Committee, according to the following scheme:
9.1.4.1 in the case of 9.1.1. one (1) month’s suspension in the first instance; two (2) months in the second; three (3) months in the third and thereafter termination of membership;
9.1.4.2 in the case of 9.1.2 termination of membership;
9.1.4.3 in the case of 9.1.3 six (6) months suspension in the first instance and termination after a second offence;
9.1.4.4 in the case of 9.1.4 suspension whilst subscription payments are in arrears plus one (1) month following payment in full of the arrear subscription.
9.2 Any suspension of a member by a Branch Committee shall be ratified by the National Executive Committee before it takes effect.
9.3 A Branch Committee will only have the power to recommend the termination of a membership to the National Executive Committee but may suspend a membership subject to 9. 2.
9.3.1 A Branch Committee shall appoint an Ad Hoc Disciplinary group to hear disciplinary matters as required consisting of three members of the Committee and at least two (2) ordinary members of the Branch within ten (10) working days of receipt of any complaint of lack of discipline or transgression within the provisions of this Constitution.
9.3.2 The Branch Ad Hoc Disciplinary group shall conduct hearing on any matter referred to it not more than ten (10) working days after the group has been constituted and, endeavour to come to a decision within twenty-one (21) working days or less of closure of their final hearing session.
9.4 All proceedings under Section 9 shall be recorded on audio tape and transcribed in full from those audio tapes and, both records shall be stored for a period not less than three (3) years after the final decision of the proceedings. It shall be the responsibility of any presiding person to ensure the audio recordings are continuous and of a clear quality such that transcription is easily achieved.
10. TERMINATION OF MEMBERSHIP
10.1 A membership may only be terminated by the National Executive Committee and only after the conditions of section 9.1 have been met, that member's membership card shall be withdrawn by the Branch Committee and returned to the National Secretary for cancellation.
10.2 A member may voluntarily terminate membership of NTESU by resignation from the organisation after one (1) month's notice and by signing a Termination of Membership form. The notice term shall run from the beginning of the first month in which it is practicable to cancel the monthly Payroll Deduction. The member's membership card shall be returned to the National Secretary for cancellation.
10.3 Membership of NTESU shall terminate when the member- leaves employment within the tertiary education sector. The member's membership card shall be returned to the National Secretary for cancellation.
11. APPEALS AGAINST SUSPENSION, CONSEQUENT LOSS OF BENEFITS, TERMINATION AS A MEMBER OR AS AN OFFICE BEARER
11.1 Appeal against suspension and/or consequent loss of membership benefits by a Branch Committee shall be to the National Congress Appeals Board (section 11.4) if the Branch Committee's suspension is ratified by the National Executive Committee. If the member is not satisfied with the outcome of that process the Commission for Conciliation, Mediation and Arbitration (CCMA) (as established in the Labour Relations Act No. 66 (1995)) may be approached for an Arbitration decision which shall bind both parties.
11.2 Appeal against suspension and/or consequent loss of membership benefits or termination of membership in the case of suspension or termination by the National Executive Committee shall be to the Appeals Board of the National Congress (section 11.4). If the member is not satisfied with the outcome of the process the CCMA may be approached for an Arbitration decision which shall bind both parties.
11.3 An appeal as allowed and referred to in paragraphs 11.1 and 11.2 shall be lodged within fifteen (15) working days of receipt of notification by the member. An appeal shall be lodged via the General Secretary who shall immediately refer the appeal directly to the National Congress Appeals Board and the National Secretary.
11.4 Each National Congress shall appoint a National Congress Appeals Board (NCAB) consisting of three members who are not Office Bearers or paid employees of NTESU, though those employees must provide administrative and logistical support to the Board. The method of appointment shall be by nomination and consensus. The term of office of the Board shall be from National Congress to National Congress and a member's term may not exceed two terms in total.
11.5 The National Congress Appeals Board may appoint a legal advisor when and if necessary at the expense of NTESU.
11.6 Members shall have the right to the assistance of any person or persons of their own choice to assist with defence of their appeal. Responsibility for the reasonable documented costs of such assistance shall be decided according to the final outcome of the appeal.
11.7 All proceedings under Section 11 shall be recorded on audio tape and transcribed in full from those audio tapes and both records shall be stored for a period not less than three years after the final decision of the proceedings. It shall be the responsibility of any presiding person to ensure the audio recordings are continuous and of a clear quality such that transcription is easily achieved.
11.8 The NCAB shall hear the member's appeal not more than three (3) months after the appeal is lodged with the National Secretary of NTESU through the National Administrative Office and, endeavour to come to a decision within twenty-one (21) working days or less of closure of their final hearing session.
11.9 Proceedings of the NCAB shall be according to the rules of natural justice.
12. ADMISSIONS AND SUBSCRIPTIONS PROCESS
12.1 New members shall be required to complete a Payroll Debit Authority together with an Application for Membership to NTESU and forward these to the National Secretary through the National Administrative Office. The National Administrative Office shall immediately on receipt of any application, assign a membership number to that applicant's name which number must reflect the applicant's Branch code. If no Branch exists then a code shall be created as if a Branch were in existence. Each new member shall be required to pay a "once off" twenty rand (20) entrance fee.
12.1.1 Once the National Secretary is satisfied that the actions contained in 12.4 and 12.5 have been properly and successfully completed a membership card will be authorized in terms of 8.2 above.
12.2 The National Administrative Office shall maintain and administer a list of members' names, members' Branch, members' workplace addresses, and any other details as the National Executive Committee under the guidance of the National Secretary shall direct.
SUBSCRIPTIONS
12.3 The monthly subscription, not exceeding twenty-five (25) rands, payable by a member shall be determined by the National Congress, and may be reviewed and amended from time to time according to the needs of the organisation and according to the voting procedures contained in 5.5.
12.3.1 Should the National Congress decide on an amount exceeding twenty-five (25) rands that Amendment shall be in terms of Section 18 of this Constitution.
12.3.2 It is further provided that a Branch, at a quorate Branch Annual General Meeting, is authorised to increase this amount according to its needs and according to the voting procedures contained in 5.5, such amounts to be retained for expenditure decided upon by the Branch Annual General Meeting or the Executive Committee.
12.4 The National Administrative Office shall collect all subscriptions and levies of a national nature accruing from the National subscription list under the guidance of the National Treasurer.
12.5 The National Administrative office shall, under the direction of the National Treasurer, arrange for the automatic forwarding of members' subscriptions to the National Administrative Office at monthly intervals from the members' institution.
12.6 Branch subscription portions determined under 12.3.2 shall be paid to the Branch Treasurer who will, in terms of 12.7 arrange for the automatic transfer of those funds to the Branch's banking accounts.
12.7 All subscriptions collections shall be subject to any general financial controls contained in this Constitution and, any additional controls as the National Treasurer or the National Congress shall direct.
13. BRANCHES
13.1 A Branch of the organisation shall consist of an organised group of at least ten (10) members employed at a campus, or group of campuses, of an institution of tertiary education as defined in Section 25 below, who have constituted themselves as. a Branch or, previously joined or formed a staff association which elects to apply to become a Branch of NTESU. The latter shall be considered new members in terms of section 12 above.
13.2 A group of individuals as defined in paragraph 13.1 shall apply to the National Executive Committee for admission as a Branch of the organisation.
13.3 The National Executive Committee, after satisfying themselves that any conditions for Branch acceptance and formation have been met and the aims and objectives of this Constitution have been accepted, shall instruct the General Secretary to issue a Certificate of Compliance to the Branch certifying the acceptance of that Branch into NTESU.
13.4 The Standard Branch Rules read in conjunction with this Constitution shall be the minimum requirement, other than 13.1 above, for formation and acceptance of an NTESU Branch.
13.4.1 Branch Structure and Control shall be exercised through the following in this order from highest to lowest precedence: Branch Annual General Meeting Branch Office Bearers Trade Union Representatives Council (where established in terms of NTESU’s Bye-laws)
13.4.2 The Branch shall within one (1) month of receipt of the Certificate of Compliance arrange for an inaugural meeting at which the Branch Committee will be elected and this NTESU Constitution and its associated Bye-Laws will be formally adopted and will establish when the Branch's Annual General Meetings will be held.
13.4.3 The Branch committee shall consist of, at least: a Branch Chairperson; one Vice-chairperson position for Academic affairs, one Vice-chairperson position for General staff affairs, a Branch Treasurer; a Branch Secretary; and at least two other members in capacities the Branch may determine.
13.4.4 Voting for these positions at a Branch level shall reflect the same procedures as in 7.4 above.
13.4.5 The nomination and election of the Branch Executive Committee, Trade Union Representatives and any other structures introduced, shall be governed by the procedures contained in the Standard Branch Rules and as they relate to the provisions of this Constitution.
13.5 If in the opinion of the National Executive Committee a Branch persists in behaviour inconsistent with the aims and objectives of this Constitution that Branch may be declared to be not in good standing.
13.5.1 That Branch shall be suspended from right and privilege in the organisation until the next National Congress, or Special Congress, at which the National Executive Committee shall,.through the National Office Bearers, introduce a motion of censure to be voted upon according to the voting procedures in section 5.
13.5.2 Should the motion of censure gain the support of the National Congress, which must have heard the arguments of both sides, that Branch shall lose its certification as member Branch, cede its assets to the National Executive Committee and give up its Certificate of Compliance for cancellation.
13.6 Where a Branch, or individual member, is more than three (3) months in arrears with subscription payments, that Branch or member, shall cease to be in good standing, unless granted alleviation by a Congress or the National Executive Committee.
13.7 Branches shall be free to form cooperative structures with such other Branches as might be formed within their province or region to enhance the aims and objectives of NTESU, or to co-ordinate negotiations and information exchange within the province or region.
13.8 Any Branch may enter into negotiations with the management of the institution employing its members on any matters which are not negotiated at a national level. This includes, though is not restricted to, negotiations on recognition agreements and, local conditions of service, salary and other workplace matters relevant to that particular workplace.
13.9 A Branch seeking to withdraw from NTESU shall first ballot all its members in good standing and provided a 67 percentage poll is achieved and 75 percent of those who voted agree with the motion to withdraw, the National Executive Committee shall cancel the Certificate of Compliance of that Branch and the Branch shall return the Certificate for cancellation. Such Branch shall cede its assets to the National Administrative Office.
13.10 A ballot under 13.9 shall be conducted under the guidance of the Registrar (Labour Relations) of the Department of Labour and shall be independently scrutineered.
14. DISPUTES, INDUSTRIAL ACTION AND STRIKE BALLOTS
14.1 No strike, in respect of whatever sector of the membership, shall be contemplated unless the provisions of the Labour Relations Act No. 66 (1995) have been exhausted including .any processes offered through the CCMA.
14.2 In case of a dispute on an issue of right a deadlock shall be broken by an arbitration award through the services of the CCMA.
14.3 In the case of a dispute on an issue of interest a deadlock may be resolved by mediation through the services of the CCMA without precluding recourse to strike, industrial or protest action.
14.3.1 Failing the dispute being resolved by mediation under the provisions of the Labour Relations Act No. 66 (1995) strike action may be advocated by the National Executive Committee or the negotiating committee appointed to address the issue under the following conditions:
14.3.2 that the conditions and provisions of Chapter IV Of the Labour Relations Act No. 66 (1995) [sections 64 to 77] shall not be, or have been, violated;
14.3.3 a ballot of members or members in the specific sector of the membership, according to section 15 below, has been conducted and at least a majority of those members agree to the necessity to enter into a strike or industrial action,
14.3.4 no member shall be disciplined or have their membership terminated for failure or refusal to participate in any strike, industrial or protest action if: no ballot was held or, no ballot was held within the sector of the workplace or, a ballot was held but a majority of the members who voted did not vote in favour of the motion or resolution.
14.4 A strike may not be contemplated where the issue is governed by any Branch level collective agreement with an employer or employer's organisation unless that agreement is deemed to have been violated by the employer or the employer's organisation and/or is itself under dispute.
15. GENERAL AND POSTAL BALLOTING OF BRANCHES OR MEMBERS AS INDIVIDUALS
15.1 At least seven (7) days notice shall be given to each member before a general or postal ballot is taken.
15.2 The Branch Election Officer, as appointed under Standard Branch Rule A. 16.11 shall take charge of the balloting process and appoint scrutineers as necessary. The following shall apply to all balloting processes:
15.2.1 where a general or postal ballot is conducted, as provided elsewhere in this Constitution, sealed ballot boxes shall be provided by the Branch Office Bearers under the supervision of the Branch Elections Officer, which may be inspected by the voters or by appointed scrutineers;
15.2.1.1 in the case of a postal ballot the voting form shall be supplied to members along with a pre- addressed envelope where the first address line indicates the motion or resolution number;
15.2.1.2 all ballot voting forms shall reflect: the NTESU name; a printed, sequential ballot form number; National Administrative Office Branch Recognition Code; the motion or resolution being voted upon; the number of that motion or resolution; provision for a vote for, against or in abstention; an absolute closing date for return of the voting form to the National Administrative Office or, in the case of Branch level ballot, to the Branch Administrative Office, if one exists, otherwise to the Branch Elections Officer.
15.2.2 for a general ballot the Election Officer shall establish a polling point or points as necessary and polling hours during which voting will take place;
15.2.3 voters shall show their membership cards to the Branch Electoral Officer or that person’s nominee, who shall record the membership number on an appropriate polling list, before issuing a voting form;
15.2.4 voting forms shall be marked only in one of the blocks provided for a vote for, against or abstaining from the motion or resolution, any other mark shall make the vote a spoilt vote;
15.2.5 the voting member shall fold and deposit the marked voting form in a ballot box as provided at the voting point;
15.2.6 counting of votes shall begin on the day following the closing date for return of the sealed ballot boxes, or postal ballot form, noted on the voting form and, immediately on conclusion of counting the Electoral Officer shall inform the National Secretary in the case of a national ballot, or the Branch Secretary in the case of a Branch ballot, of the outcome;
15.2.7 the result of any national level general or postal ballot shall be disseminated to the Branches or, in the case of a Branch level ballot to the members of the Branch, within fourteen (14) days or less of the termination of counting;
15.2.8 no ballot shall be negated by the non-receipt by any member of either notification of the intended ballot or, in the case of a postal ballot, the voting form;
15.2.9 any ballot shall be binding on the body conducting the ballot if more than thirty-three (33) per cent of the members eligible to vote have voted and the majority vote in favour of the motion or resolution being voted on, unless the context otherwise requires a larger than simple majority;
15.2.10 all valid and spoilt voting forms, the result and polling lists of any ballot shall be sealed and stored for a period of three years after termination of counting.
16 FUND USAGE AND FINANCIAL CONTROLS
16.1 Any funds accumulated and/or invested in, or on behalf of, NTESU and its membership, shall only be used in the exclusive benefit, legal defence or as operational expenditure as budgeted by the National Executive Committee through the National Treasurer and approved by a National Congress.
16.1.1 A legal fund shall be instituted on behalf of the organisation for use in any legal defence, action or necessary consultation which can be drawn upon on behalf of the organisation by the National Executive Committee as the need might arise.
16.1.1.1 This fund shall only be used towards group actions on behalf of the total membership and not normally be available for the defence of individuals’ cases. However, should it seem that an individual member’s case may result in a definitive decision relating to the total membership this fund may be drawn upon at the discretion of the National Executive Committee.
16.1.1.2 This fund should normally be built from subscriptions income but may take the form of paid up insurances should such a scheme be available. Entry into such scheme shall be ratified by the organisation’s auditors.
16.1.1.3 Any such fund investment or insurance premium payments or withdrawals against these shall be subject to annual audit.
16.1.2 Any general investment funds or portfolios shall be subject to annual audit by the organisation’s auditors and in the case of a block sum to be invested exceeding fifty thousand rands (R50 000,00) the investment plan shall be first presented to the auditors for comment.
16.2 The National Office Bearers must present a two year budget addressing the needs of the forthcoming two year period to each National Congress with respect to the ordinary running expenditure of the organisation. Such budget must be within the projected income of the organisation and subject to alteration and a motion of ratification by a National Congress.
16.3 A National Congress may, through a member’s motion at that Congress, add to any budget any amount within the means, or the projected means, of the organisation for extraordinary or extended operations or projects in the interests of the membership.
16.4 The National Office Bearers shall designate four elected Office Bearers as signatories to the organisation’s banking accounts. These signatories shall normally include the National President, National Treasurer, National Secretary and one other National Office Bearer. The General Secretary if one has been appointed shall be a fifth signatory. Any cheques issues must be co-signed by at least two of the approved signatories. Other financial instruments such as investment contracts or contracts of research etc. shall be co-signed by four of these signatories.
16.5 The National Treasurer shall ensure that the financial records of the organisation are kept in accordance with Section 98 of the Labour Relations Act No. 66 (1995) and that the applicable provisions of Section 100 of the Labour Relations Act No. 66 (1995) are complied with.
16.5.1 The National Treasurer shall submit to each regular meeting of the National Executive Committee a detailed account of the income and expenditure of the organisation.
16.6 The National Administrative Office, under the National Treasurer’s direction, shall circulate to all branches the annual balance sheets, assets and liabilities of the organisation, including a summary of the financial position of Branches of the organisation.
16.7 The National Treasurer shall prepare and submit audited accounts to the National Congress.
16.8 The date of the financial "end of year" shall be the last day of February of any year.
16.8.1 The National Treasurer shall endeavour to present the trial balance and provisional final balance sheet accounts within three months of that date and the final audited accounts within six months of that date for any particular year.
16.8.2 It shall not be seen as a failing of the duty of a National Treasurer if the conditions of 16.8.1 are not met, provided that acceptable proof has been provided to, and in the opinion and judgement of, the remaining National Office Bearers and National Executive Committee members that every endeavour was made to meet those conditions.
16.9 A motion, in accordance with section 5.5 and paragraph 5.7.3, to acquire Fixed Property shall be first submitted to the organisation’s auditors for their approval and shall only be acquired on approval by a 75 per cent supportive vote of a National Congress where 75 per cent of the delegates are present.
17. INTERPRETATION OF THIS CONSTITUTION
17.1 In the event of any disagreement over the interpretation of any part of this Constitution, the decision of the National Executive Committee shall be sought. Such opinion shall remain in effect until the next National Congress or Special Congress, at whicha motion to confirm that opinion and interpretation shall be presented.
17.2 The opinion expressed by the National Executive Committee in this respect shall be circulated to all branches, who must acknowledge receipt thereof within fourteen (14) days of receiving it, for their information and to ensure the consistent application of that interpretation in the interim period before the matter is confirmed or rejected at a Congress.
18. AMENDMENTS TO THIS CONSTITUTION
18.1 Any provisions of this Constitution may be repealed, changed or added to in any manner by resolution of the National Congress provided that: at least fourteen (14) days notice of any proposed change shall first have been given to Branches. If within that period a Branch demands that a ballot of the whole organisation be taken on the matter, such a ballot shall be taken.
18.2 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 (1995).
19. LEGAL PERSONA
19.1 NTESU shall be a body corporate with full legal capacity and perpetual succession.
19.2 NTESU members and employees shall not be liable for its obligations, nor may its assets be seized in respect of the obligations of its members or employees.
19.3 All Property and funds of the organisation shall vest in the National Executive Committee who shall hold such assets in trust on behalf of the organisation.
19.4 NTESU will only accept liability for actions made legitimate and authorised in good faith by the National Congress or, the National Office Bearers or, the National Executive Committee in the exercise of their mandate from any National Congress and under their authority granted in this Constitution.
20. DISSOLUTION OF THE ORGANISATION
20.1 If, for any reason, NTESU cannot continue to function, either in the opinion of the Registrar of Labour Relations or, for reasons of support or insolvency the following procedure shall apply:
20.1.1 a postal ballot of the total membership in good standing shall be held according to Section 15;
20.1.2 where 75 per cent of those balloted vote in favour of dissolution, a Special Congress or National Congress shall vote on a resolution calling for dissolution of the organisation;
20.1.3 if the majority of the Branches in good standing at such a Special or National Congress vote in favour of a resolution to dissolve the organisation then application shall be made by the incumbent National Office Bearers to the Labour Court. in terms of Section 103 of the Labour Relations Act No. 66 (1995) for an order giving effect to that resolution;
20.1.4 any resolution to dissolve the organisation shall include in it the selection of a benefactor organisation with similar aims and objectives in the tertiary education sector;
20.1.5 should any funds or assets remain after the liabilities of the organisation have been settled by the Liquidator those funds or assets shall be transferred to the organisation selected under 20.1.4 under conditions and terms laid out by the dissolving Congress. If no organisation is selected Section 103 (5) of the Labour Relations Act No. 66 (1995) shall apply;
20.1.6 at least thirty (30) days notice shall be given of a Congress resolving to dissolve NTESU;
20.1.7 dissolving the organisation shall be the sole item on the agenda of such a Congress and no other business shall be discussed;
20.1.8 all current records including membership lists, fee structures, asset and liability and other financial and requested information shall be handed to the Liquidators and any funds in banking accounts, apart from Administration Staff salaries and monetary benefits, shall be frozen;
20.1.9 the Congress dissolving the organisation shall relieve the National Office Bearers of their obligations and posts and elect a Dissolution Committee to assist the National Administrative Office and the liquidators, as might have been appointed under Section 103 (3) of the Labour Relations Act No. 66 (1995), with the dissolution process. The Dissolution Committee shall accede to the demands of the Liquidators .and make any decisions required by the Liquidators as appointed without referral to the outgoing membership;
20.1.10 no National Office Bearer shall be precluded from being elected to the Dissolution Committee.
20.2 The dissolution process shall be conducted under the executive guidance of the organisation's auditors and Liquidators in termsof the Labour Relations Act No. 66 (1995).
21. AMALGAMATIONS
21.1 NTESU may amalgamate itself with any other' organisation or more than one other organisation, within the Republic of South Africa, by a quorate National Congress or Special Congress subject to agreement of at least 75 percent of all delegates of Branches in good standing.
21.1.1 Such amalgamation shall be according to, but not be limited to, these conditions:
21.1.1.1 that its members become equal members within the new partnership;
21.1.1.2 that no equality of assets or liabilities or "buying in" levy is sought from either side before any agreement can be concluded;
21.1.1.3 that the. general aims, objectives and principles espoused by this Constitution are not substantively changed in the amalgamation of constitutional provisions;
21.1.1.4 that the scope of membership representation and business of the new organisation does not expand beyond the education sector.
22. AFFILIATIONS
22.1 NTESU may affiliate itself to any federation within or, outside of the Republic of South Africa, by a quorate National Congress or Special Congress subject to agreement of at least 75 percent of all delegates of Branches in good standing.
22.1.1 Any affiliation fee shall be paid out of National funds.
22.1.2 The assets of NTESU shall remain the property of NTESU.
23. NATIONAL ADMINISTRATIVE OFFICE ADDRESS 3rd Floor Argon House 87 Juta Street Braamfontein Johannesburg 2001
24. DEFINITIONS Unless otherwise indicated in the text the following shall have the meaning:
Branch any grouping of ten (10) or more individuals who have joined NTESU and have applied collectively to the National Executive Committee for a Certificate of Compliance in the prescribed manner.
Branch Committee a group of individuals who have been elected by the members of a Branch to be the Office Bearers of that Branch and perform the functions of leading, co-ordinating and administering the affairs of the organisation at Branch level.
co-option in this context when any Office Bearers committee elects to invite the inclusion of a member of NTESU on that committee in order to replace a vacancy or to provide some expertise not existent on that committee.
day a calendar day not expressly termed a working day delegate/s, delegates of Branches shall include ordinary members voting or participating in meetings at Branch level where the context refers a Branch Rule to this main body of this Constitution.
employee, person employed any person employed in an employer - employee relationship under contract to do work for remuneration in any capacity in the tertiary education sector.
employer, the employer bodies any institution or individual employing people under any contract to do work for remuneration, including the State and its Provincial instruments; any federation or grouping of such employer's whether registered as such with the Registrar (Labour Relations) in the Department of Labour or not.
General Secretary any person employed in an employer - employee relationship to do work for remuneration as within the powers of the National Office Bearers and in terms of section 7.1 5 of this Constitution and performing any function as directed by the National Secretary, the National Office Bearers or a National Congress resolution or motion, and who will act on behalf of NTESU at such meetings, conferences, seminars or at any other time as delegated by the National Office Bearers, National Executive Committee or a National Congress.
gross misconduct in managing the affairs of the organisation shall include but not be limited to: bringing the name of NTESU into disrepute; conviction of committing a criminal act; deliberately attempting or collaborating in attempting to undermine or terminate the activities of NTESU; defrauding the organisation.
not in good standing any member or Branch of the organisation that is in arrears with subscription payments; under suspension or disciplinary penalty; or, has had any right or privilege withdrawn by any Office Bearers committee or the National Congress to the extent of being declared not in good standing.
majority, simple majority and majority vote where the result of a ballot or voting process shows. 50 percent plus one or more votes cast in favour of the motion, resolution or issue being voted on.
member, members, membership any person who has met the requirements of sections 8 and 12 and has been issued with a membership card by the National Secretary, including any group of such persons.
membership benefits any right to representation; any right claimable in terms of any collective agreements reached by the organisation or its Branches and participation in the benefit of such agreements; any privilege to participate in discount or loan schemes arranged by the organisation or its Branches; any other privileges, benefits or rights negotiated and achieved by NTESU or its Branches.
National Office Bearer, Office Bearer any person elected to a position of trust and placed in control of any part, or all, of the organisation and its activities on behalf of the membership in terms of section 7 of this Constitution and/or in terms of any Branch Rules.
National Organiser any person employed in an employer - employee relationship to do work for remuneration as within the powers of the National Office Bearers and in terms of section 7.1 5 of this Constitution and performing any function as directed by the National Secretary, the General Secretary (if one has been appointed), the National Office Bearers or a National Congress resolution or motion.
National Administrative Office Staff any person or persons employed in an employer - employee relationship to do work for remuneration in the National Administrative Office as within the powers of the National Office Bearers and in terms of section 7.15 of this Constitution and performing any function as directed by the National Secretary or the General Secretary (if one has been appointed).
National Administrative Office the environs listed in section 23 and any other office environment as might be rented or purchased for the purposes of housing the National Administrative Staff or part thereof.
new member any person who was not at the inception of the organisation a member of the Union of Democratic University Staff Associations or, any person who has not previously been admitted to membership of NTESU and who has not previously held a membership card or, any person who belongs to an existing staff organisation in the tertiary education sector which is seeking admission as a Branch to NTESU under section 13 and which has not previously held a Certificate of Compliance.
Office bearer, trade union representative shall have, or also have, the meaning defined in the Labour Relations Act No. 66 (1995). related institutions any institution of learning, teaching or research which operates within the educational sector defined as post-secondary or, higher education, which may be a private or state funded unit and, which may or may not be controlled or regulated by or through the national or provincial Departments of Education and any relevant Act of Parliament governing the activities of those departments and higher education in general.
tertiary education sector any learning, teaching or research structure which is post-secondary or defined as, or related to, higher education by consensus or in terms of any Act of Parliament governing education in South Africa.
Trade Union Representative shall have the same definition as "trade union representative" in the Labour Relations Act No. 66 (1995).
working day a day which is not a statutory public holiday and is not a Saturday or Sunday.
Constitution of the National Tertiary Education Staff Union 28 This Constitution of the National Tertiary Education Staff Union is hereby and duly signed on this twenty-first day of November of the year 1997 by the following National Office Bearers SIGNATORY
1: NATIONAL PRESIDENT
(John Landman) SIGNATORY
2: NATIONAL SECRETARY
(Ntsiki Madubedube)