Preamble 

We the members of Communication Workers Union, (hereinafter referred to as the “Union”) firmly commit ourselves to a united, non-racial South Africa free of oppression and economic exploitation

We believe that this can only be achieved under the leadership of an organised and united working class. Our history has taught us that to achieve this goal we must:

a)      Fight and oppose discrimination in all forms within the communication industry and society at large

b)      Strive for maximum unity amongst organised workers in the postal, telecommunications, broadcasting, entertainment, media and other allied industries (the industry) and organize every unorganised workers within the industry into our national union

c)      Ensure that all levels of our union are democratically structured and controlled by workers members themselves through elected workers committees.

d)      Encourage democratic worker leadership and organisation in our workplace and in all spheres of society.

e)      Reinforce and encourage progressive international worker contact and solidarity and to assist one another in the struggle

We call on all workers in the industry who identify with these principles and aims to join us and the workers we represent, as comrades in the struggle ahead. We call on all workers in the industry to set aside any prejudices that they may have and strive for unity under the guiding slogan of the international working class: 

                            “AN INJURY TO ONE IS AN INJURY TO ALL”

1.      SCOPE, NAME AND STATUS.

1.   SCOPE

The scope of the Union shall be the communication industry as set out in Annexure “A” hereto as amended from time by the Central Executive Committee.

2 NAME

The name of the Union shall be Communication Workers Union (hereinafter) referred to as the “Union”)

3.      STATUS

The Union shall be a corporate body having perpetual succession and is an associate not for gain.

   LOCATION OF HEAD OFFICE

4.1          The head office of the Union shall be located in Gauteng, or at such place as the Central   Executive Committee may from time to time determine.

ABBREVIATIONS

NC           :          National Congress

CEC        :          Central Executive Committee

NEC         :         National Executive Committee

PEC         :         Provincial Executive Committee

LEC      :     Local Executive Committee

SS            :        Shop Steward

SSC          :        Shop Stewards Committee

FINCOM    :        Finance Committee

NEF          :        National Education Forum

NWC        :         National Working Committee

SMC         :        Staff Management Committee

ACT         :         Labour Relations Act 66 of 1995, (as amended hereafter)

NOB          :        National Office Bearers

POB           :       Provincial Office Bearers

LOB      :     Local Office Bearers

Any expression used in this Constitution and which is defined in the Labour Relations Act of 1995, (as amended hereafter) shall have the same meaning as in the Act.

AIMS AND OBJECTIVES

          The aims and objectives of the Union shall be:

4.1      To regulate relations between members and their employees and to protect and further the interest of  members in relation thereto.

4.2      To strive for economic and social justice for all workers by means of regulating relations, negotiating  and settling disputes between workers and employers

4.3      To  oppose any discrimination in employment and to fight for the rights of all workers to do any facet  of work.

4.4      To advance the democratic right of every worker.

4.5      To encourage the settlement of disputes by conciliatory methods

4.6            To promote, support or oppose, as may be deemed expedient, any existing or proposed legislation or other measure affecting the interests of members

4.7            To use every legitimate means possible to convince all persons who are eligible for membership to become members

4.8              To encourage and unite into a single organisation all workers employed in the industry in South Africa who are eligible to become members of the Union and /or to enhance their economic and social welfare

4.9             To protect the job security of members, to advance their employment prospects and generally to do all things that will be in the interest of members in their individual and collective capacities

4.10         To improve the wages, salaries, and terms and conditions of employment of members through collective bargaining and other lawful means

4.11         To nominate and elect members or officials of the Union to be representatives on National or International Conferences

4.12         To provide when deemed necessary, legal assistance to members in connection with their employment and related matters

4.13           To inculcate a spirit of unity and solidarity amongst all members and workers in the industry and to educate members of the union in the true spirit of family unity, oneness and solidarity based on the philosophy of indivisibility of the workers and their families

4.14      To establish and administer funds for the benefit of members and or dependants

4.15         To co-operate with National and International Organisation and thereby improve general   standard of living of the workers

4.16         To perform other lawful acts as may appear to be in the interest of the Union and its members and oppose acts, which are not consistent with the objectives or any other matter specifically provided for in this Constitution?

4.17         To act, oppose and negotiate in matters concerning unfair labour practice

4.18         To operate in the name of Union generally such that a role may be played in the social, economic and political upliftment of the community at large

4.19           To observe and act in accordance with the spirit and principle of democracy in all union activities

   MEMBERSHIP

5.1   All workers who are engaged in the communication industry as described in Annexure “A” shall be eligible for membership of the Union

5.2   A worker employed in the industry who wishes to join the Union shall apply to the LEC with jurisdiction over the area where he or she is employed. Upon completion of a stop- order form a worker shall be admitted as a member; Provided that the application for membership may be rejected by the Local if its of the opinion that the applicant cannot become a member

5.3   Application for admission or re-admission to membership, shall be lodged in writing with the Local Secretary

5.4   If admission/ re-admission is refused by the LEC the applicant concerned shall have a right of appeal to the next general meeting of the Local, which shall have power to confirm or reverse the LEC decision. If the decision of a PEC is endorsed by a general meeting of such Local, the applicant shall likewise have a further right of appeal to the PEC of the union. The PEC shall have the right to set conditions for admission/ re-admission.

5.5     An appeal shall be lodged in writing with the Provincial Secretary and handled in terms of clause 16.7.

SUBSCRIPTION FEES

6.1               A subscription fee, which shall be determined from time to time by the National Congress/ CEC, and shall be payable per month.

6.2               In addition to the aforementioned subscriptions, a member shall also be liable for the payment in the same manner of such other fees as may be prescribed by the CEC and / or the National Congress.

6.3               A member may be exempt, on application, from the payment of the aforesaid subscription in respect of any particular month during which he or she is:

6.3.1          Unemployed and receives no employment income for 3 months;

6.3.2          Has been pensioned or has resigned and still needs to settle whatever affairs with the employer

6.4        The points mentioned under clauses 6.3.1 and 6.3.2 shall not waiver the membership rights of the worker.

STRUCTURE

The structures of the union shall comprise of the following:

National Congress;

Central Executive Committee;

National Executive Committee, and Sub-Committees;

Provincial Executive Committees

Sectoral Fora

Local Executive Committee

Shop steward Councils

Shop steward Committees, and

Members

NATIONAL CONGRESS

8.1     The supreme governing body of the Union shall be the National Congress.

8.2.    The National Congress shall be convened after every three years at such venue as shall be  decided on by the CEC

8.3         The National Congress shall be attended by the National Office Bearers, Provincial Office  Bearers and one delegate, for every 250 members within each Province, wherein these delegates shall be eligible for election as Office Bearers.

8.4.   The business of the National Congress shall be:

8.4.1 The nomination and election by ballot members of the National Office Bearers, which shall comprise of;

President;

First Deputy President;

Second Deputy President;

General Secretary;

Assistant General Secretary; and

Treasurer.

The National Office Bearers shall hold office for a period of three years or as otherwise decided by the National Congress. The National Office Bearers shall be eligible for-re-election on termination of their period of office.

“An Office Bearer may not hold more than one position in the organization, a person may not whilst occupying a higher position accept another position in lower structures.

If an Office Bearer is elected in a congress in a structure higher than the position that he/she previously held the position of the lower structure becomes vacant immediately”.

8.4.2    The consideration of reports from the President, General, Secretary, and the Treasure and other special reports;

8.4.3    The assessment of the Union’s progress

8.4.4    The amending of the Constitution

8.4.5    The formulation of policies and the passing resolution.

8.5.     The President, or in his or her absence, one of the Deputy President shall preside over the proceeding at National Congress meetings. Voting on a resolution shall be by show of hands unless the National Congress decides otherwise. The President shall have a casting vote and not a deliberative vote.

8.6.    The General Secretary shall at least thirty days before such meetings, issue a notice to each every Province. The notice shall inform the members that if they wish to submit any resolution at the meeting, they must give notice of such resolution so that it arrives at such offices at least fourteen days before the meeting. The notice shall also set out the agenda. In addition, the notice must invite members to nominate persons standing for various offices and for which a form must be in the hands of the General Secretary at least fourteen days before the said meeting

8.7.   The National Congress shall quorate when two- thirds of its expected of Provinces are    present and further that two-thirds of total number of delegates to the National Congress are present.

8.8.   Should reasons of urgency be given in the notice the President shall authorise a special National Congress meeting at short notice, being not less than seven days. The National and Provincial Office Bearers shall be notified of the convocation and agenda of the special National Congress meeting as soon as possible and by the possible means.

CENTRAL EXECUTIVE COMMITTEE

9.1         The Central Executive Committee shall consists of the National Office Bearers, Heads of Departments, Sectoral Co-ordinators, Provincial Office Bearers and one delegate for every five hundred members in each province

9.2        The function of the Central Executive Committee shall be to consider and decide upon policy and issue of major importance.

9.3        The General Secretary shall convey the requisition to the President who shall, with the collaboration of the National Office Bearers, determine the date and venue of the Central Executive Committee meeting and shall notify the members of the CEC accordingly as soon as possible by the best possible means

9.4        Central Executive Committee shall be convened once every year. Notice of its convocation shall be communicated to the members of the CEC at least two months before it is held.

9.5        in the event of an urgent issue of major importance the President shall cause to convene an  urgent CEC meeting within thirty days after being notified of the urgency of such.

9.6        The CEC shall quorate when two-thirds of its expected Province are present and provided two- thirds of the total number of expected delegates to the CEC are present.

10. NATIONAL EXECUTIVE COMMITTEE

10.1    The management of the affairs of the Union shall be vested in the National Executive  Committee   consisting of the following persons:

·                                 National Office Bearers;

·                                 Chairperson for each Province;

·                                 Secretary for each Province;

·                                 Heads of Department and

·                                 National Sectoral Co-ordinators

10.2 The powers of the National Executive Committee shall be to:

10.2.1    Carry out the day – to –day running of the Union;

10.2.2    Execute the Union policy as determined by the Central Executive Committee and the  Congress;

10.2.3    Decide what employment posts should be created, maintained or terminated for the   effective running of the union

10.2.4    Engage, determine terms and conditions of employment and discharge any employee of  the union;

10.2.5    Borrow or raise funds;

10.2.6    Invest the funds of the union;

10.2.7    Institute on behalf of or defend legal proceedings against union and its members; Provided that in urgent circumstances the General Secretary or the Assistant General Secretary may institute or defend such proceedings;

10.2.8    Acquire by purchase, lease or otherwise any property and hold same on behalf of the union,

10.2.9     Sell, exchange, lease or mortgage any of its assets;

10.2.10  Make, amend and repeal by- laws. The by-laws must be consistent with the Constitution;

10.2.11    Regulate union affairs, including but not limited to matters such as:

10.2.11.1                   Subscriptions;

10.2.11.2                   Election procedure

10.2.11.3                   Ballot procedures;

10.2.11.4                   Meeting procedures;

10.2.11.5                   The duties of National Office Bearers and officials.

10.3. Meetings of the NEC

10.3.1   The NEC shall meet at least once in three months, on a date fixed by the President. Special meetings of the NEC shall be called by the President, whenever he or she deems it advisable.

10.3.2   Members of the NEC shall be notified in writing, of the time and place of the meeting by the General Secretary, at least fourteen days before the date of such meeting: provided that shorter notice being not less than twenty four hours, may in the discretion of the President, be given in respect of special meetings. An agenda shall be attached to every notice of the meeting. Unless the NEC decides otherwise, any matter for consideration by the NEC shall be decided on a motion duly seconded and voted upon.

10.3.3      The quorum for meetings of the NEC shall be 50% of its worker delegates. If within sixty minutes of the time fixed for any meeting, a quorum is not present, 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 day) at the same time and place, and at such adjourned meetings the members present shall form a quorum. Written notice of such adjourned meeting shall be given to members who were absent.

10.3.4   If between meetings of the NEC, any question arise which is of extreme urgency and can be answered by a plain yes or no, the President may authorise a vote of the members of the NEC to be taken by post, fax, telephone or any acceptable means.

11.        DUTIES OF THE NATIONAL OFFICE BEARERS

11.1.       The President shall;

11.1.1.   Preside at all NC’ NEC and CEC meeting;

11.1.2.   Enforce observance of the Constitution of the Union;

11.1.3.   Sign minutes of the meetings after confirmation

11.1.4.   Endorse all accounts for payments after endorsement by the NEC;

11.1.5.   Be a co-signatory on all the Union’s National banking accounts;

11.1.6.   Generally exercise supervision over the affairs of the Union;

11.1.7.   Perform such other duties as by usage and custom pertain to the office;

11.1.8.   Not have a deliberate vote, but shall, in the event of an equality of votes, have a casting vote       

11.2.          THE FIRST AND SECOND DEPUTY PRESIDENTS SHALL;

11.2.1.   Assist the President in his or her duties in ensuring the smooth running of the union

11.3.     THE GENERAL SECRETARY SHALL;

11.3.1.  Be an employee of the Union employed on such terms and conditions as the NEC deems fit;

11.3.2.  Attend all NEC meetings and shall be responsible for the taking of proper minutes at these meetings. In addition, he or she shall conduct all Head Office correspondence of the Union, and perform other duties, which are imposed by the Constitution, the NEC and by laws;

11.3.3.  Have no right to vote at any meetings of constituent bodies of the Union;

11.3.4.  Ensure that a register of members is maintained, and assist the national treasurer to ensure that proper books of accounts are kept and audited annually;

11.3.5.  Be responsible for the supervision of the employees of the Union, in conjunction with the secretariat of such relevant structures;

11.3.6.  Perform the duties set out in Section 98, / 99 and 100 of the Act, relating to the retention of records and supply of information to the Registrar of Labour Relations;

11.3.7.  Take the necessary steps to ensure that the requirements of Section 98 / 99 and 100, relating to the maintenance of a register of members, the keeping of books of accounts, the auditing of such books and the preparation of a balance sheet and a statement of income and expenditure and the submission or making available thereof to members, are complied with;

DUTIES OF THE NATIONAL OFFICE BEARERS

11.1.       The President shall;

11.1.1.   Preside at all NC’ NEC and CEC meeting;

11.1.2.   Enforce observance of the Constitution of the Union;

11.1.3.   Sign minutes of the meetings after confirmation

11.1.4.   Endorse all accounts for payments after endorsement by the NEC;

11.1.5.   Be a co-signatory on all the Union’s National banking accounts;

11.1.6.   Generally exercise supervision over the affairs of the Union;

11.1.7.   Perform such other duties as by usage and custom pertain to the office;

11.1.8.   Not have a deliberate vote, but shall, in the event of an equality of votes, have a casting vote       

11.2.          THE FIRST AND SECOND DEPUTY PRESIDENTS SHALL;

11.2.1.   Assist the President in his or her duties in ensuring the smooth running of the union

11.3.     THE GENERAL SECRETARY SHALL;

11.3.1.  Be an employee of the Union employed on such terms and conditions as the NEC deems fit;

11.3.2.  Attend all NEC meetings and shall be responsible for the taking of proper minutes at these meetings. In addition, he or she shall conduct all Head Office correspondence of the Union, and perform other duties, which are imposed by the Constitution, the NEC and by laws;

11.3.3.  Have no right to vote at any meetings of constituent bodies of the Union;

11.3.4.  Ensure that a register of members is maintained, and assist the national treasurer to ensure that proper books of accounts are kept and audited annually;

11.3.5.  Be responsible for the supervision of the employees of the Union, in conjunction with the secretariat of such relevant structures;

11.3.6.  Perform the duties set out in Section 98, / 99 and 100 of the Act, relating to the retention of records and supply of information to the Registrar of Labour Relations;

11.3.7.  Take the necessary steps to ensure that the requirements of Section 98 / 99 and 100, relating to the maintenance of a register of members, the keeping of books of accounts, the auditing of such books and the preparation of a balance sheet and a statement of income and expenditure and the submission or making available thereof to members, are complied with;

11.3.8.  Be a co-signatory on all National banking accounts.

11.4.     THE DEPUTY GENERAL SECRETARY  SHALL;

11.4.1.  Be an employee of the Union employed on such terms and conditions as the NEC deems fit;

11.4.2.    Assist the General Secretary and perform the same duties and exercise the same powers as the General Secretary

11.4.3.  Have no right to vote at any meetings of the constituent bodies of the Union

11.5.     THE NATIONAL TREASURER SHALL;

11.5.1.  Ensure that proper books of account are kept;

11.5.2.  Have a right to inspect all records relating to the finances and books of accounts of the Union, at all reasonable times;

11.5.3.  Be a co-signatory on all the Unions National banking accounts.

STAFF MEMBERS

12.1.     Organizers shall be appointed by the NEC from time to time. They shall be responsible for the growth of the organization and consolidation of union membership. They are empowered to attend all meetings of the constituent bodies of the Union, but shall not have the right to vote at such meetings 

12.2.          The Union shall employ other staff members as may be determined by the NEC from time to time.

NEC SUB-COMMITTEES

13.1.      Permanent Sub Committees

13.1.1.   The National Executive Committee shall constitute a;

·                                 Finance Committee

·                                 National Working Committee

·                                 Disciplinary Committee and a

·                                 Staff Management Committee

13.1.2.   These committees shall sit as sub-committees of the National Executive Committee and report to it;

13.1.3.   The sub-committee members shall hold office for a period determined by the NEC and ratified by the CEC

13.2.      TASK RELATED SUB-COMMITTEES

13.2.1.   The NEC shall appoint and determine the terms of reference and time frames for these   sub-committees

14.         FINANCE COMMITTEE

14.1.     The Finance Committee shall consist of the following persons;

·                                 National Office Bearers

·                                 Financial Administrator/s or Accountant; and

·                                 Provincial Treasurers

14.2.     The Finance Committee shall meet at least half yearly;

14.3.     The functions of the Finance Committee shall be to;

14.3.1.   carry out half yearly reviews of the financial affairs of the Union;

14.3.2.  prepare the annual budget of the Union

14.3.3.  prepare a document to be approved  by the NEC, setting out guidelines for the financial administration of the Union. The document will be reviewed annually either by the CEC or National congress, whichever comes first.

15.           DISCIPLINARY COMMITTEE

15.2.               The Disciplinary Committee of all structures of the Union shall consist of at least   three members of such executive committee (new)

15.2.                The Disciplinary Committee shall act upon all written disciplinary complaints made to it

15.3.        The Disciplinary Committee shall where necessary appoint a Board of Enquiry to           conduct disciplinary enquiries into any complaint made to it. The Board of Enquiry shall consist of at least three members of the Union.

15.4.        The laws of natural justice shall apply at disciplinary enquiries.

15.5.        The Board of Enquiry shall decide whether the member concerned has breached the aims and objectives of the union or has acted in manner, which undermines the functioning of the union.

15.6.        The Board of Enquiry shall submit a written report to the Disciplinary Committee and recommend an appropriate sanction.

15.7.        The Disciplinary Committee shall decide on an sanction against a member of the Union found to have breached the aims and objectives of the Union or to have acted in a manner which undermines the functioning of the Union. Such sanctions include suspension or termination of membership, a caution, reprimand or other reasonable sanctions.

15.8.        A member of the Union in respect of whom a disciplinary inquiry is held shall have the right of appeal. The right of appeal shall be firstly to the National Executive Committee and, thereafter, to the Central Executive Committee.

16.    DISCIPLINE OF MEMBERS

16.1.        A member may be suspended, fined or expelled by the LEC under the following circumstances:

16.1.1.     if he or she fails within thirty days of demand in writing by the Local Secretary, to pay   subscriptions, fines or levies which are more than three months in arrears;

16.1.2.     If he or she infringes any of the terms this Constitution or acts in a manner which is detrimental to the interest of the Union.

16.2.        No member may be suspended, fined or expelled unless he or she has been afforded an opportunity to state his or her case personally at a meeting of the LEC of which he or she has received not less than fourteen days’ notice in writing from the Local Secretary. The matter with which the member is charged shall be set out in such notice.

16.3.        No member of the Union may be disciplined or have their membership terminated for failure or refusal to participate in a strike if:

16.3.1.     No ballot was held about the strike;

16.3.2.     A ballot was held, but a majority of the members who voted did not vote in favour of the strike

16.4.        A member who has appeared before the LEC in accordance with clause 16.2 shall have a right of appeal against suspension, the imposition of fine or expulsion to the first ensuing Local General Meeting. Notice of any such appeal shall be given to the Local Secretary in writing within fourteen days of the date on which the decision of the LEC was communicated to the person concerned. If a member has lodged an appeal in the manner herein provided he or she shall, have the right to re-state his or her case personally to the Local General Meeting which shall consider the matter.

16.5.        A member shall be entitled to call witness in support of his or her case, when attending a meeting of the LEC or general meeting in terms of clause 16.2. or clause 16.4 as the case may be.

16.6.        Any decision taken by the LEC of this clause shall, when appeal has been lodged, be subject to ratification or otherwise by a Local General Meeting.

16.7.        There shall be right of appeal to the PEC against the decision of a Local general meeting. Notice of such appeal shall be given to the Local Secretary in writing within fourteen days of the date on which the decision of the Local General Meeting was communicated to the person concerned. The PEC after making such investigation as it may deem fit, may confirm, vary or reverse the decision of the Local concerned.

16.8.        Upon expulsion of a member, all moneys due to the Union by such member shall become payable. If payment thereof is not made within thirty days, the PEC may take such steps as it deem necessary to secure a settlement.

16.9.     A member shall cease to be entitled to any of the benefits of membership, including the right to vote and shall be deemed to be out of good standing in the event that:

16.9.1.     Subscriptions or other charges due by him to the Union are more than three months in  arrears, except in circumstances described in clause 6.3.1 and /6.3.2;

16.9.2.     During any period while he is under suspension in terms of this Constitution.

16.10.      In the event of the subscription or other charges due to the Union by member being more than three months in arrears, he shall continue to be subject to the disabilities imposed by clause 16.9 until all arrears have been paid.

FINANCE COMMITTEE

14.1.     The Finance Committee shall consist of the following persons;

·                                 National Office Bearers

·                                 Financial Administrator/s or Accountant; and

·                                 Provincial Treasurers

14.2.     The Finance Committee shall meet at least half yearly;

14.3.     The functions of the Finance Committee shall be to;

14.3.1.   carry out half yearly reviews of the financial affairs of the Union;

14.3.2.  prepare the annual budget of the Union

14.3.3.  prepare a document to be approved  by the NEC, setting out guidelines for the financial administration of the Union. The document will be reviewed annually either by the CEC or National congress, whichever comes first.

ISCIPLINARY COMMITTEE

15.2.               The Disciplinary Committee of all structures of the Union shall consist of at least   three members of such executive committee (new)

15.2.                The Disciplinary Committee shall act upon all written disciplinary complaints made to it

15.3.        The Disciplinary Committee shall where necessary appoint a Board of Enquiry to           conduct disciplinary enquiries into any complaint made to it. The Board of Enquiry shall consist of at least three members of the Union.

15.4.        The laws of natural justice shall apply at disciplinary enquiries.

15.5.        The Board of Enquiry shall decide whether the member concerned has breached the aims and objectives of the union or has acted in manner, which undermines the functioning of the union.

15.6.        The Board of Enquiry shall submit a written report to the Disciplinary Committee and recommend an appropriate sanction.

15.7.        The Disciplinary Committee shall decide on an sanction against a member of the Union found to have breached the aims and objectives of the Union or to have acted in a manner which undermines the functioning of the Union. Such sanctions include suspension or termination of membership, a caution, reprimand or other reasonable sanctions.

15.8.        A member of the Union in respect of whom a disciplinary inquiry is held shall have the right of appeal. The right of appeal shall be firstly to the National Executive Committee and, thereafter, to the Central Executive Committee.

 DISCIPLINE OF MEMBERS

16.1.        A member may be suspended, fined or expelled by the LEC under the following circumstances:

16.1.1.     if he or she fails within thirty days of demand in writing by the Local Secretary, to pay   subscriptions, fines or levies which are more than three months in arrears;

16.1.2.     If he or she infringes any of the terms this Constitution or acts in a manner which is detrimental to the interest of the Union.

16.2.        No member may be suspended, fined or expelled unless he or she has been afforded an opportunity to state his or her case personally at a meeting of the LEC of which he or she has received not less than fourteen days’ notice in writing from the Local Secretary. The matter with which the member is charged shall be set out in such notice.

16.3.        No member of the Union may be disciplined or have their membership terminated for failure or refusal to participate in a strike if:

16.3.1.     No ballot was held about the strike;

16.3.2.     A ballot was held, but a majority of the members who voted did not vote in favour of the strike

16.4.        A member who has appeared before the LEC in accordance with clause 16.2 shall have a right of appeal against suspension, the imposition of fine or expulsion to the first ensuing Local General Meeting. Notice of any such appeal shall be given to the Local Secretary in writing within fourteen days of the date on which the decision of the LEC was communicated to the person concerned. If a member has lodged an appeal in the manner herein provided he or she shall, have the right to re-state his or her case personally to the Local General Meeting which shall consider the matter.

16.5.        A member shall be entitled to call witness in support of his or her case, when attending a meeting of the LEC or general meeting in terms of clause 16.2. or clause 16.4 as the case may be.

16.6.        Any decision taken by the LEC of this clause shall, when appeal has been lodged, be subject to ratification or otherwise by a Local General Meeting.

16.7.        There shall be right of appeal to the PEC against the decision of a Local general meeting. Notice of such appeal shall be given to the Local Secretary in writing within fourteen days of the date on which the decision of the Local General Meeting was communicated to the person concerned. The PEC after making such investigation as it may deem fit, may confirm, vary or reverse the decision of the Local concerned.

16.8.        Upon expulsion of a member, all moneys due to the Union by such member shall become payable. If payment thereof is not made within thirty days, the PEC may take such steps as it deem necessary to secure a settlement.

16.9.     A member shall cease to be entitled to any of the benefits of membership, including the right to vote and shall be deemed to be out of good standing in the event that:

16.9.1.     Subscriptions or other charges due by him to the Union are more than three months in  arrears, except in circumstances described in clause 6.3.1 and /6.3.2;

16.9.2.     During any period while he is under suspension in terms of this Constitution.

16.10.      In the event of the subscription or other charges due to the Union by member being more than three months in arrears, he shall continue to be subject to the disabilities imposed by clause 16.9 until all arrears have been paid.

PROVINCES

17.1.        Formation of the Province shall be determine by the CEC or National Congress. The Union shall be composed of a number of geographical Provinces, the boundaries of which shall be determined by the Central Executive Committee from time to time.

17.2.    PROVINCIAL CONGRESS

17.2.1.    As soon as two or more locals are established in any geographical Province the NEC shall convene a first Provincial Congress for such a Province.

17.2.2.    A Provincial Congress shall be convened by the PEC once every three years before National Congress;

17.2.3.    The Provincial Congress shall be attended by the Provincial Office Bearers, Local Office Bearers and one delegate for every 100 members within the Local, wherein these delegates shall be eligible for election as Office Bearers;

 17.2.4.    Provincial Office Bearers shall be elected by ballot at the Provincial Congress, and shall be constituted by:

·                                 Chairperson

·                                 Deputy Chairperson

·                                 Secretary

·                                 Deputy Secretary

·                                 Treasurer

·                                 Provincial Educator

·                                 Provincial Gender Co-ordinator and

·                                 Provincial Sector Co-ordinators

17.2.5.   The conference proceedings shall be presided over by the Chairperson of the Province and resolution shall be adopted by delegates present and voting. Voting shall be by secret ballot unless the conference delegates decide otherwise.

17.2.6.    The Provincial Congress shall quorate when two –thirds of its expected regions are present and further provided that two-thirds of the total number of the expected delegates to Provincial Congress are present.

17.3.    PROVINCIAL EXECUTIVE COMMITTEE

17.3.1.   The PEC shall be constituted by:

·                                 The Provincial Office Bearers in the province

·                                 Chairperson of each and every Local; and

·                                 Secretary of each and every Local in the province

17.3.2.  The Provincial Executive Committee shall meet at least once every three months. The PEC shall quorate when two- thirds of total number of locals are present, and two-thirds of total number of delegates are present provided that where extraordinary circumstances render it impossible or impractical for such a quorum of members to attend a meeting, the members present shall constitute the decision of the meeting. Minutes of such meeting shall be kept by the Provincial Secretary.

17.3.3.   Members of the PEC shall be notified in writing, of the time and place of the meeting by the Provincial Secretary at least fourteen days before the date of such meeting: Provided that shorter notice, being not less than twenty four hours, may in the discretion of the Chairperson, be given in respect of special meetings. An agenda shall be attended to every notice of meeting.

17.3.4.      The functions of the Provincial Executive Committee shall be to:

17.3.4.1.   Organize Provincial Congresses

17.3.4.2.   Recruit members in a particular Province and to promote their interests generally;

17.3.4.3.   Organize Provincial events in regard to Union Education and training

17.3.4.4.   Supervise the affairs of the Local Executive Committees;

17.3.4.5.   Ensure that proper communication takes place between Locals, Provinces and Head    Office

17.3.4.6.   Open, operate and close banking accounts in the name of  the Province, subject to   approval, directions and ultimate control of the National Executive Committee;

17.3.4.7.   Do all such as in the opinion of the Union appear to be in the interests of the Union and  which are not in conflict with the decision of the Central Executive Committee or the National Executive Committee or inconsistent with the provisions of this Constitution or by-laws

DUTIES OF PROVINCIAL OFFICE BEARERS

18.1.        The Provincial Chairperson shall:

18.1.1.     Preside over all Provincial Congress and Provincial Executive Committee meetings;

18.1.2.     Enforce observance of the Constitution by the Province

18.1.3.          Sign minutes of meetings after confirmation;

18.1.4.     Endorse all accounts for payments after approval by the PEC;

18.1.5.     Be a co-signatory on all cheques on the Provincial banking accounts;

18.1.6.     Generally exercise supervision over the affairs of the union in the province;

18.1.7.     Perform such other duties as by usage and custom pertain to the office;

18.1.8.     Not have a deliberate vote, but shall, in the event of an equality of votes, have a casting   vote.                 

18.2.  THE PROVINCIAL DEPUTY CHAIRPERSON SHALL:

18.2.1.     Assist the provincial chairperson and perform the same duties and exercise the same powers as the Provincial Chairperson

18.3. THE PROVINCIAL SECRETARY SHALL:         

18.3.1.          The Provincial Secretary shall be an elected full time employee of the union and shall

Perform any other duties as may be imposed by the constitution or required by a resolution of the PEC or NEC

18.3.2.     Attend all PEC and PC meetings and shall be responsible for the taking of proper minutes at all these meetings. In addition, he or she shall submit reports to the PEC and PC and any other structure of the Union and perform other duties, which are imposed by the Constitution;

18.3.3.    Submit reports to the NEC, CEC and NC;

18.3.4.     Ensure that a register of members is maintained;

18.3.5.     Be a co-signatory to all Provincial accounts

18.3.6.    Have a right to sign any document on behalf of the PEC, as mandated by the Province

18.3.7.    Ensure that proper books of accounts are kept and audited annually

18.3.8.    Supervise employees of the Union in the province.

18.4. THE DEPUTY PROVINCIAL SECRETARY SHALL:

18.4.1.    Assist the Provincial Secretary and perform the same duties and exercise the same   powers as the Provincial Secretary, on a part-time basis

18.5. THE PROVINCIAL TREASURER SHALL:

18.5.2.        Ensure that proper books of account of the Province are kept;

18.5.2.        Have a right to inspect all records relating to the finances and books of account of the Province at all reasonable times;

18.5.3.    Be a co-signatory on all Union Provincial banking accounts.

18.6. THE PROVINCIAL EDUCATOR SHALL:

18.6.1.    Co-ordinate education and training activities within the Province, in consultation with Provincial Office Bearers;

18.6.2.    Liaise with external education and training institutions;

 18.6.3.    Ensure participation of union members in the Province in the education and training activities of the             

               Congress of the South African Trade Unions;

 18.6.4.    Carry out his or her functions within the broad policy guidelines of the Union;

 18.6.5.    Perform any other functions as directed by the PEC or NEC from time to time.

 18.7. THE PROVINCIAL GENDER CO-ORDINATOR SHALL:

 18.7.1.    Co-ordinate activities regarding gender issues within the Province, in consultation with the Provincial Office Bearers

 18.7.2     Liaise with external organizations and institutions with similar objectives regarding gender issues and campaigns;

18.7.3.    Ensure participation of Union members in the Province in campaigns and discussions regarding gender issues;

18.7.4.    Carry his or her functions within the broad policy guidelines of the Union;

18.7.5.    Perform any other functions as directed by the PEC or NEC from time to time.

18.8. THE PROVINCIAL SECTOR CO-ORDINATOR SHALL:

18.8.1.        Co-ordinate the activities and program of the Union in his or her Sector, in consultation with Provincial Office Bearers

18.8.2.    Initiate programs and develop strategies to ensure that the particular Sector, is vibrant and functioning;

18.8.3.    Ensure that there is liaison and communication between the sectoral and the constitutional structures;

18.8.4.    Carry out his or her functions within the broad policy guidelines of the Union;

18.8.5.    Perform any other functions as directed by the PEC or NEC from time to time.

19. LOCALS AND LOCAL COMMITTEES

19.1.       Locals shall be established by the Provincial Executive Committee, in areas where it is necessary and possible, in consultation with the NEC.

19.2. LOCAL CONGRESSES

19.2.1.    As soon as two or more workplaces in a particular geographical area exists, with not less than “hundred” (100) CWU members, the PEC shall convene the first conference for such a Local;

19.2.2.    A Local c