Constitution
of the
National Tertiary Education
Staff Union
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 18;
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 plus
|
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 Committee 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 th