Structures

LABOUR EQUITY GENERAL WORKERS UNION OF SOUTH AFRICA

STRUCTURES

NATIONAL STRUCTURE

National Congress

(a) The supreme governing body of the Trade Union shall be the National Congress, which consist of the Executive Council and delegates elected by each Regional Structure.

(b) The National Congress shall convene once every three (3) years, provided that the Executive Council may decide to convene the National Congress every particular year with six – months period after that year, Notice of its convocation shall be communicated by the General Secretary to branches at least two months before it is held.

(c) Delegates with voting right shall be elected by a ballot of the members of each Region. The National Executive Committee shall decide which individual delegate from Regions shall exercise the voting rights as well as the priority in which they shall exercise such rights.

(d) The number of votes that each Region may exercise at the National Congress shall be a function of the number of members in particular delegation's Region relative to the Trade Union's total membership. The National Executive Council shall, at least meet three (3) months before the Congress, on the basis of membership records at Head Office determines the voting strength of each Region. The General Secretary shall notify the Regions and Local (branches) accordingly.

(e) Resolutions from Local (branches) shall be sent to the General Secretary through their respective Regions and shall reach his/her office not later than four (4) weeks prior to the National Congress. Copies of the resolutions and of the National Congress Agenda shall be distributed to all branches by the General Secretary not less than fourteen (14) days prior to the National Congress.

(f) The functions of the National Congress shall primarily be –

To nominate the ballot of the members of the National Executive Council.
To consider reports from the President, General Secretary, Treasure and other special reports.
The formulation of policy.
To discuss matters as per agenda.
To consider appeals.
To review and decide on the financial position and progress of the Union.
To address any matter which demands the attention of the National congress?
To decide on resolutions submitted to the congress by the Regional and Local Executive Committees.

(g) The President in his / her absence the Chairperson and in his / her absence the Deputy or any person assigned by the National Executive shall preside the proceedings of the National Congress. Resolutions of the National Congress shall be adopted by the majority vote of voting delegates. The President or any other presiding person shall have no casting vote.

(h) Candidates for the position of office – bearers and Officials on the National Executive Council shall be nominated and seconded by delegates with voting rights at the National Congress. Should there be only one candidate for a position, that candidate shall be regarded as having been duly elected to that position. Should there be two candidates, a ballot of delegates shall be held and the candidate who receive the most votes shall be duly elected. Should there be three or more candidates who receive the least votes in the List ballot shall be eliminated from the next ballot.

(i) A special National Congress shall be convened by the President whenever the Executive Council request one, or whenever at least five (5) branches or two third (2/3) majority members in good standing request so in writing.

(j) The requisition by the branches for a special National Congress shall be sent to the General Secretary at the head Office and shall be accompanied by a statement stating out the reason for such requisition. The General Secretary shall convey the requisition to the President as soon as possible.

(k) Should reason of urgency be given in the notice, the President may authorise the calling of a special Congress at short notice, being not less than thirty (30) days. Branches shall be notified by the General Secretary of the Convocation and Agenda of a special National Congress as soon as possible and by the best practical means.

(l) The quorum at the National Congress shall be at least half of the delegates elected to represent the Trade Union members at the National Congress.

Executive Council

National Executive Council

(a) The National Executive Council shall meet at least once every three (3) months on a date to be fixed by the Chairperson of the National Executive Council in consultation with the General Secretary including Special meetings of the Executive Council. Whenever deem advisable or upon requisition signed by not less than three (4) members of the council, in which event the meeting shall be called within fourteen (14) days of receipt of the requisition by the Chairperson.

(b) Members of the National Executive Council shall be notified in writing of the time and place of meeting by the General Secretary at least fourteen (14) days before the dates of such meeting, provided that the shorter notice, being not less than 24 hours, maybe in the discretion of the Chairperson be given in respect of special meetings. To every notice of a meeting an Agenda shall be attached, unless otherwise provided herein all matters for consideration by the National Executive Council shall be decided on motion duly seconded and voted upon by show of hands.

(c) The quorum for meetings of the National Executive Council shall be 50+1 If within 30 minutes of the time fixed for any meeting a quorum is not formed, the meeting shall stand adjourned to the same day in the week following (and if that day is a public holiday then to the next succeeding working day) at the same time and place, and at such adjourned meeting shall be given to members who were absent from the first meeting. The meeting can not be adjourned for more than 21 days from the day of adjournment.

(d) Should any quarries arise during the meetings of the National Executive Councils which is of extreme urgency and can be answered by a plain "yes" or "no" the Chairperson may authorise a vote of the members of the Council to be taken by delegations.

(e) No motion shall be considered unless seconded. All members forming the subject of motions shall be voted upon by show of hands (unless otherwise provided) and shall be decided by the votes of the majority of those present.

2. REGIONAL CONGRESS

(a) The governing body of the Trade Union in the province shall be the Regional Congress, which consist of the Executive Council and delegates elected by each Local (Branch) Structure.

(b) The Regional Congress shall be convened once in every three (3) years, provided that the Executive Council may decide to convene the Regional Congress every particular year with six – months period after that year. Notice of its convocation shall be communicated by the Regional Secretary to Local (branches) at least two months before it is held.

(c) Delegates with voting right shall be elected by a ballot of the members of each Local (branch). The Regional Executive Committee shall decide which individual delegate shall exercise the voting rights as well as the priority in which they shall exercise such rights.

(g) The number of votes that each Local (branch) may exercise at the Regional Congress shall be the function of the Regional Executive number of members in particular delegation's branch relative to the Trade Union's total membership. The Executive Council shall, at least three (3) months before the Regional Congress, on the basis of membership records at Head Office, determine the voting strength of each branch. The general Secretary shall notify the branches accordingly.

(h) Resolution from Local (branches) shall be sent to the Regional Secretary, and shall reach his/her office not later than four (4) weeks prior to the Regional Congress. Copies of the resolution and of the Regional Congress Agenda shall be distributed to all Local (branches) by the Regional Secretary not less than fourteen (14) days prior to the Regional Congress.

(i) The functions of the Regional Congress shall primarily be –

To nominate the ballot of the members of the Regional Executive Council.
To consider reports from the Regional Chairperson, Regional Secretary, Regional Treasure and other special reports.
To formulate proposed policies.
To discuss matters as per agenda.
To consider appeals.
To implement financial position provided.
To address any matter which demands the attention of the region.
To decide on resolutions submitted to the congress by the Local Structures.

(4) Minutes

The General Secretary of the Trade Union or any person appointed by him / her shall keep minutes of all meetings of the Executive Council and of the National Congress and the branch Secretary or a person appointed by him / her shall keep minutes of all branches Executive meetings and all general meetings of a branch.

10. LOCAL (BRANCH) EXECUTIVE COUNCIL

The Management of the affairs of the Trade Union at the Local Branch shall be vested in an Executive Council consisting of the Chairperson, Assistant Chairperson, Treasurer, Assistant Treasurer and the Secretary of the Union who shall be elected by the ballot of members at the Trade Union at the Local Branch and who shall hold Office for three years (3) and thereafter until the next elections, and they shall be eligible for re-election on termination of their period of Office.
Vacancies occurring at the Local Executive Council shall be filled by a ballot of the members of the Trade Union. A member appointed to fill a vacancy shall hold Office for the unexpired portion of the period of Office of his/her predecessor.
Nomination for membership of the Local Executive Council shall be lodged in writing by branches with the General Secretary through their Regions at least two (2) months prior to the National Congress. Where a vacancy occurs on the National Executive Council and the Regional Council the branches shall be notified in writing of such a vacancy by the General Secretary within two (2) weeks of the date on which the vacancy occurred. The nominations of members to fill such a vacancy shall be lodged in writing with the General Secretary by the branches within one month of that date and a ballot shall be taken within two months of that date. A member elected to fill a vacancy shall hold Office for unexpired portion of the period of Office of his / her predecessor.
A member of the Local Executive Council shall vacate his/ her seat in anyone of the following circumstances:

(Any resignation, suspension or expulsion from membership of the Trade Union.
On absenting himself/herself without the permission of the Executive Council from three consecutive meetings of the Council.
On resigning as a member of the Executive Council by giving one (1) months written notice to the General Secretary.
If he/her subscription are more than three months in arrears; or
If he / she stops to be Employed in the sector(s) mentioned in clause 5 (1).
If more than two third of majority of the membership pass vote of no confidence.

5. The Local Executive Council shall, subject to the provisions of his constitution have the power:

(a) To recommend the Trade Union participation in the establishment of any bargaining or statutory Council, to determine the Trade Union's representation thereon.

(b) To engage and dismiss, except where otherwise provided in this constitution, any Employees of the Trade Union, including a General Secretary, to fix their remuneration and to define their duties.

(c) To appoint from time to time, such committee as it may deem fit for the purpose of investigating and reporting on any matter referred to them by National Congress.

(d) To review decision of branch Executive Committee or branch general meeting, and to confirm, alter or reverse such decisions.

(e) To institute legal proceedings on behalf of or to defend proceedings against the Trade Union.

(f) To acquire, either by purchase, lease or otherwise, any movable or immovable property on behalf of the Trade Union, and to sell, let, mortgage, or otherwise deal with or dispose of any movable or immovable property belonging to the Trade Union, provided that no movable shall be acquired or sold, nor shall it be mortgaged, let or leased for a period of longer than ten (10) years, unless at to do so has been given to each branch of the Trade Union by the General Secretary, during this period any branch general meeting demands that a ballot of the whole Trade Union be taken on the proposed action, such ballot shall be taken.

(g) To institute legal proceedings on behalf of or to provide legal assistance to members on matters affecting their employment and to institute legal proceedings against individual members.

(h) To open and operate on banking account in the Trade Union;

(i) To establish or close down branches in any area, and to define the area of jurisdiction branches.

(j) To suspend any branch Executive Committee fir action contrary to the terms of his constitution or to instruction issued by the Local Executive Council, and to take over the Management of the affairs until another branch committee is appointed.

(k) To make and enforce by – laws relating to procedural, administrative and disciplinary matters which are not inconsistent with the previsions of this Constitution, the Labour Relations Act, 1995, or any other law.

(l) To make and enforce by – laws relating to procedural, administrative and disciplinary matters which are not inconsistent with the provisions of this Constitution, the Labour Relations Act, 1995, or any other Law.

(m) To decide all matters of procedure on which this Constitution is silent.

(n) To do such other lawful things as, in the opinion of the Executive Council, appear to be in the interest of the Trade Union or its members and which are not inconsistent with objects set out in clause 3 or any matter specifically provided for in this Constitution and

(o) To consider appeals.

Regional Executive Council

(a) The Regional Executive Council shall meet at least once every two (3) months on a date to be fixed by the Chairperson in consultation with the Regional Secretary including Special meeting of the Regional Executive. Whenever, deem advisable or upon requisition signed by not less than four (4) members of the council, in which event the meeting shall be called within fourteen (14) days of receipt of the requisition by the Chairperson.

(b) Members of the Regional Executive Council shall be notified in writing of the time and place of meeting by the Regional Secretary at least fourteen (14) days before the dates of such meeting. Provided that the shorter notice, being not less than 24 hours, may in the discretion of the Chairperson be given in respect of special meetings. To every notice of meeting an Agenda shall be attached, unless otherwise provided herein all matters for consideration by the Regional Executive Council shall be decided on motion duly seconded and voted upon by show of hands.

(c) The quorum for meetings of the Regional Executive Council shall be 50+1. If within 30 minutes of the time fixed for any meeting a quorum is not reached, the meeting shall stand adjourned to the same day in the week following (and if that day is a public holiday then to the next succeeding working day) at the same time and place, and at such adjourned meeting notice shall be given to members who were absent from the first meeting. The meeting cannot be adjourned for more than 21 days from the day of adjournment.

(d) Should queries arises during the meetings of the Regional Executive Councils which is of extreme urgency and can be answered by a plain "yes" or "no" the Chairperson may authorise a vote of the members of the Council to be taken by delegations.

(3) LOCAL /BRANCH MEETINGS

(a) A General Meeting of the members of each Local branch shall ordinarily be held at least once every twelve (12) months on a date to be fixed by the chairperson. Special General Meetings shall be called whenever desired by the majority of the members of the Local (branch) Executive Committee or upon a requisition signed by not less than 50+1 of the members of that Local branch. Such special General meetings shall be held within fourteen (14) days from the date of the decision of the majority of the Local (branch) Executive Committee or from the date of receipt of the requisition by the Chairperson.

(b) Notice of every General Meeting showing the business to be transacted (Agenda) Shall be given to members in writing by the Local (branch) Secretary in not less than fourteen (14) days before the date of such meeting, provided that the shorter notice, being not less 24hours, maybe in the discretion of the Chairperson in consultation with the Secretary and the Local Administration office, be given in respect of special general meetings.

(c) The Annual General Meeting of the branch shall be held in the month of december in each year or as soon as possible thereafter, but not later than the month of march in each year.

(d) If the Chairperson so decides all motion at a general meeting shall be reduced to writing and shall be delivered to the presiding Officer to be read to the meeting. No motion shall be considered unless seconded. All matters forming the subject of motions shall, unless otherwise provided herein be decided by the votes of majority of those present except in the case of elections when the Candidate up to the required number receiving the highest number of votes shall be declared elected.

(e) Every member shall support the accepted adopted meeting procedure agreed.

(f) Each Local (branch) Executive Committee shall ordinarily meet at least once (1) every two (2) months on a date to be fixed by the Chairperson. Special meeting of a Local (branch) Executive Committee shall be called by the Chairperson whenever he / she deems it advisable or upon a requisition signed by not less than three (3) members of the Committee in which event the meeting shall be called within fourteen (14) days of receipt of the requisition by the Chairperson.

(g) Members of a Local (branch) Executive Committee shall be notified in writing of the time and place of meetings of the Committee by the branch Secretary at least fourteen (14) days before the dates of such meeting, provided that shorter notice being not less than 24 hours, may in the discretion of the Chairperson, be given in respect of special meetings. To every notice of meeting an Agenda shall be attached. All members for consideration by a branch Executive Committee shall be decided on motion duly seconded and voted upon by show of hands.

(h) The quorum for Local (branch) general meeting shall be 50+1 of members of the Local (branch) and for meeting of the Local (branch) Executive Committee, If within 30 minutes of the time fixed a quorum is not formed, the meeting shall stand adjourned to the next day (and if that day is a public holiday then to the next succeeding working day) in the week following at the same time and place and at such adjourned meeting the members present shall form a quorum. Written notice of adjourned meeting shall be given by the branch Secretary to those who were absent from the first meeting. This meeting shall not be adjourned to more than (21) days from the date of the meeting.

(i) At every meeting the minutes of the last preceding meeting shall be read by the branch Secretary and signed by the presiding Officer after confirmation minutes of meetings of the branch Executive Committee shall be similary dealt with by that body.

(j) Copies of minutes of meetings and of meeting of the Executive Committee shall be submitted to the National Executive Council immediately after confirmation.

(k) The proceedings of any meeting shall not be invalidated by reason of non receipt by any members of the Committees.