INDEX
CAPE TEACHERS’ PROFESSIONAL ASSOCIATION
C O N S T I T U T I O N
The Union hereby formed shall constitute a trade union as defined by the Labour Relations Act No. 66 and is a Union not for gain.
The Principle of the Union shall be:
The interest and welfare of its members and learners are paramount.
The fight for social justice and to eradicate all inequalities;
The aligning of our core value system with the purpose of national development of a democratic South Africa and to persistently strive to remain open to learning, whilst developing new adjustable forms of professionalism with diverse situational appropriateness.
a) Unless the context indicates otherwise:
1) “accredited alternate” means another person officially affirmed and recognised who acts in the stead of the representative originally elected or appointed by the relevant structure.
2) “co-opted member” means a member added to the committee for a specific purpose and for a specific period with no voting rights.
3) “education department” means the state department governing education in the province or nationally
4) “employee” means a person in the employ of the Union on a permanent or contract basis. The employee is also known as “an official”.
5) “General Secretary” means a person elected by Conference with the overall responsibility for the administration of the Union.
6) “National Conference” means the highest decision and policy making body of the Union and constitutes all office bearers of the Union.
7) “National Executive Committee (NEC) means the statutory structure consisting of the National Office Bearers and other elected or
appointed members. The committee is charged with the management of the affairs of the Union.
8) “Observer” means a person who is allowed to attend the meeting of a structure of the Union even though not a member of that structure. The observer only has the right to speak at the discretion of the chairperson of the said meeting and does not have the right to vote.
9) “Office Bearer” means the officer elected by the structure of the Union to serve as leader for the specific period of time on a national, provincial, district, branch and site level.
10) “Official” see under employee.
11) “Provincial Conference” means the Conference held in the province of the Union and which has the same powers and functions of the national conference mutates mutandis.
12) “Provincial Representative Council (PRC)” means the provincial structure of the Union consisting of the “Provincial Executive Committee (PEC)” representatives and of the branches within the jurisdiction of the province.
13) “Representative/Delegate” means the member elected and/or appointed by a structure of the Union to attend meeting/workshop/conference/function and act on behalf of such structure.
14) “Suspension” means the withholding by the Union of the benefits of an office-bearer or membership for a specific period.
15) “National Council” mean the elected office bearers of all structures convening at least once a year.
b) This Union shall be called the CAPE TEACHERS’ PROFESSIONAL ASSOCIATION and shall herein be referred to as “the Union”.
c) The postal address of the union shall be 85 Kasselsvlei Road, Bellville 7530 and its postal address shall be Private Bag X12, Kasselsvlei, 7533.
The objectives of the Union shall be:
1.1 To promote and further the interest of its members and to voice
collectively their opinions on matters pertaining to education;
1.2 To strive for improvement in members’ conditions of service;
1.3 To promote the education, culture and social advancement of the community and its members;
1.4 To advance actively the principle of non-racialism, non-sexism, and equity in education;
1.5 To encourage the development of the esthetics of the child’s life and to help promote education, spiritual and physical development;
1.6 The implementation of a culture of human rights in schools, focusing on the social health and welfare, safety and security of all learners
1.7 To study matters affecting education and/or make representatives with regard to them;
1.8 To promote and maintain high standards of ethical conduct, professional integrity and professional efficiency, and to co-operate with other established organisations in education and professional matters;
1.9 To plan and organise its administration and its lawful activities;
1.10 To acquire by purchase, exchange, donation, lease or in any other manner, moveable or immovable property, and/or shares in one or more Companies, and to dispose of the same by sale or in any such manner and to invest any money of the Union in such securities or borrow one or more securities of the Union as may be approved by Conference;
1.11 To promote and/or establish funds or schemes or subsidiary and/or to provide for group insurance whether life or otherwise, medical aid and other purposes for the benefit of teachers and/or their families or dependants;
1.12 To act generally in the best interest of education in such a manner that it does not conflict with the objectives listed above;
1.13 To co-operate, form alliances with and/or affiliate such organisations/associations having similar objectives.
2.1.1 Conference shall be held bi-annually at a time and place to be decided upon by the National Executive Committee.
2.1.2 The National Executive Committee shall be responsible for the arranging of Conference.
2.1.3 A special conference may be held at such a time and place as the National Executive Committee may deem expedient, provided always than no less than 21 days’ notice is given.
2.1.4 The order of business shall be the responsibility of the National Executive Committee.
2.1.5 Honorary Life Membership may be bestowed by Conference.
2.1.6 National Council shall convene bi-annually when conference is not in session.
The National Executive Committee shall consist of the following:
National Office Bearers
The Provincial Chairpersons
One elected provincial representative or his/her alternate
Any other person that may be co-opted for his/her expertise or skills
The immediate past President shall be invited to serve on the National Executive Committee.
2.2.1 The office bearers of the Union shall be:
2.2.1.1 a President,
2.2.1.2 a Deputy President,
2.2.1.3 a General Secretary
2.2.1.4 a Vice President Financial Affairs
2.2.1.5 a Vice President Labour Relations & Legal Matters
2.2.1.6 a Vice President Media & Communications
2.2.1.7 a Vice President Membership & Marketing
2.2.1.8 A Vice President Professional Affairs
The National Central Committee shall consist of the National Office Bearers.
The duties of the Central Committee shall be, inter alia, to act on behalf of the National Executive Committee.
2.2.2.1 The President
The President shall be the first officer of the Union, being the spokesperson for and on behalf of the Union on policy matters. He shall act as the chairperson at Conference, meetings of the National Executive Committee and of the National Central Committee with the proviso that the President may request the Deputy President or in the
absence of the Deputy President, any other Vice President to act in this capacity on his behalf. The President shall have ex-officio status on all Committees of the Union. The President shall be responsible for the supervision of the administrative personnel and shall perform such other duties as by usage and custom pertain to the office of a Chairman or President. He shall submit written reports to the Central Committee and the National Executive Committee on the management of the portfolio.
2.2.2.2 The Deputy President
The Deputy President shall act on behalf of the President in his absence. It shall be the responsibility of the Deputy President to establish and/or maintain contact with other teacher organisations, educational institutions and other bodies. He shall be the chairperson of the National External Affairs Committee. He shall report to the ordinary meetings of the National Executive Committee on the management of his portfolio. He shall be responsible for human rights, language, equity and social responsibility issues.
2.2.2.3 The Vice President Financial Affairs
The Vice President Financial Affairs shall be the chairperson of the National Finance Portfolio Committee and shall be responsible for the drafting of financial policy of the Union. He shall submit reports to the ordinary meetings of the National Executive Committee on the management of his portfolio.
2.2.2.4 The Vice President Professional Affairs
The Vice President Professional Affairs shall be the chairperson of the National Professional Affairs Portfolio Committee and shall be responsible for the professional development of members, programmes and projects nationally in the interest of the teaching profession in particular and education in general. He shall submit reports to the ordinary meetings of the National Executive Committee on the management of his portfolio.
2.2.2.5 The Vice President Labour Relations & Legal Matters
The Vice President Labour Relations Portfolio Committee and shall be responsible for labour and legal matters, programmes and projects nationally regarding labour relations issues and dispute resolution. He shall submit reports to the ordinary meetings of the National Executive Committee on the management of his portfolio.
2.2.2.6 The Vice President Membership & Marketing
The Vice President Recruitment and Membership Affairs shall be the chairperson of the National Recruitment & Member Affairs Portfolio Committee and shall plan recruitment campaigns and attend to member commercial and service benefits. He shall submit reports to
the ordinary meetings of the National Executive Committee and the National Representative Council on the management of his portfolio.
2.2.2.7 The Vice President Media & Communication
The Vice President Publications shall be the chairperson of the National Publications Portfolio Committee and shall attend to all the publications of the Union. He shall submit reports to the ordinary meetings of the National Executive Committee on the management of his portfolio.
2.2.2.8 The General Secretary
The General Secretary shall have overall responsibility for the administration of the Union. He shall in particular perform such other duties and functions as the National Central Committee and the National Executive Committee may from time to time direct and as policies of the union dictate. The General Secretary shall keep in safe custody a copy of the approved minutes of meetings of the conference, of the National Executive Committee, of the National Representative Council and the National Central Committee as well as the financial and other records in relation thereto and the current and past constitutions of the Union.
2.2.2 The Chairperson of each of the Provincial units shall be a member of the National Executive Committee.
2.2.3 A representative from each of the Provinces, or his accredited alternate, duly nominated and approved by the Provincial Executive Committee, shall serve on the National Executive Committee.
2.2.4 The National Executive Committee shall have the right to co-opt any person with the relevant and/or skills.
2.2.5 The management of the affairs of the Union shall be vested in the National Executive Committee.
The National Executive Committee shall from time to time approve the establishment of Provincial structures for the whole geographical area of the Republic of South Africa.
Only provinces with 500 or more members will be recognised by the National Executive Committee for provincial status.
2.2.6 The Provincial Representative Council shall consist of the Provincial Executive Committee and one representative, elected by the District within the Province to represent such District, Additional representatives may be allocated to Districts on a proportional basis as determined by the National Executive Committee.
2.2.7 The Provincial Representative Council shall be held bi-annually within ninety days after the rise of the Conference of the Union.
The duties of the Provincial Representative Council shall be, inter alia.:
2.3.3.1 To elect the Provincial Executive Committee and also at such a meeting appoint and elect its representatives to the National Executive Committee of the Union from the members of the newly elected Provincial Executive Committee.
2.3.3.2 To act on behalf of the province on matters which are exclusive and peculiar to the Province.
2.3.3.3 To provide assistance to its districts, branches and sites
2.3.3.4 To act on directives from the National Conference and National Structures of the Union.
2.4.1 A Provincial Conference shall be held bi-annually as determined by the PEC.
2.4.2 The duties of the Provincial Executive Committee at the Conference shall be, inter alia,:
2.4.2.1 to act on behalf of the Province on matters which are exclusive and peculiar to the Province;
2.4.2.2 the order of business shall be the responsibility of the Provincial Executive Committee;
2.4.2.3 to elect office bearers on the second day of Conference.
The Provincial Executive Committee shall consist of the following:
Provincial Office Bearers
District Chairperson or the designated alternate
2.5.1 The office bearers of the Province shall be:
2.5.1.1 a Chairperson
2.5.1.2 a Deputy Chairperson
2.5.1.3 a Provincial Secretary
2.5.1.4 a Provincial Treasurer
2.5.1.5 a Chairperson Membership & Marketing
2.5.1.6 a Chairperson Professional Affairs
2.5.1.7 a Chairperson Labour Relations & Legal Matters
2.5.1.8 a Chairperson Media & Communication
2.5.2 DUTIES AND FUNCTIONS OF THE PROVINCIAL OFFICE BEARERS
The duties and functions of the Provincial Office Bearers shall, inter alia, be as follows:
2.5.2.1 The Provincial Chairperson
The Chairperson shall preside at all the meetings of the Provincial structures at which he is present, enforce observance of the Constitution and the resolutions of the Union and perform such other duties imposed by decisions of the Union.
2.5.2.2 The Provincial Vice Chairperson
It shall be the responsibility of the Vice Chairperson to establish and/or maintain contact with other teacher organisations, education institutions and other bodies.
The Vice Chairperson shall be the chairperson of the Provincial External Affairs Committee.
2.5.2.3 The Provincial Secretary
The Secretary shall cause Minutes to be kept of all meetings of the Provincial structures and further undertake such functions as are normally associated with the office of Secretary.
2.5.2.4 The Provincial Treasurer
The Treasurer shall be responsible for all monies and assets of the Province, sign cheques together with the office bearers/determined by the Provincial Executive Committee, audit the membership of the Province, supervise the financial affairs of the Province, the Districts, Branches and Sites. He shall present a financial statement at each meeting of the Provincial Executive Committee and Provincial Representative Council.
2.5.2.5 The Provincial portfolio chairpersons shall have the duties and functions of the national office bearers mutates mutandis.
Districts shall be allocated by the Provincial Executive Committee and ratified by the National Executive Committee.
2.6.1 The District Executive Committee shall consist of the following:
District Office Bearers
Delegated Provincial Executive Members
The office bearers of the District shall be:
2.6.1.1 a Chairperson
2.6.1.2 a Deputy Chairperson
2.6.1.3 a District Secretary
2.6.1.4 a District Treasurer
2.6.1.5 The District portfolio chairpersons shall have the duties and functions of the Provincial Office bearers mutates mutandis.
2.6.2 The District shall have a meeting within sixty days after the Conference of the Union to elect the District Executive Committee and also at such meeting to elect its representatives to the Provincial Representative Council.
2.6.3 The duties of the Districts shall be, inter alia, to:
2.6.3.1 act on behalf of the District on matters exclusive and peculiar to the District;
2.6.3.2 liaise with all other Districts on all aspects affecting the Province and/or the Union;
2.6.3.3 provide assistance to its Branches;
2.6.3.4 convene regular member gatherings
2.7.1 Branches shall consist of the sites as allocated by the District Executive Committee and ratified by the Provincial Executive Committee.
2.7.2 The representatives of the sites shall elect a Branch Executive Committee (BEC) which shall consist of the office bearers of the branch, namely a Chairperson, a Vice Chairperson and a Secretary. The BEC may co-opt not more than two additional members to perform specific tasks.
2.7.3 The Branch shall have a meeting within 30 days after the National Conference of the Union to elect the Branch Executive Committee and also at such a meeting to elect its Representatives to the District Meeting.
2.7.4 The Branch Meeting shall consist of the Executive Committee and two voting members from each site in the Branch.
2.7.5 The duties of the Branch shall be, inter alia,:
2.7.5.1 to represent members at local level;
2.7.5.2 to represent member in labour matters/issues
2.7.5.3 to recruit member
2.7.5.4 to arrange member gatherings
2.8.1 A site shall consist of no fewer than ten members. In the event of there being fewer than ten members of the Union at an institution they must, together with members at adjacent institutions where practically possible, form a site.
2.8.2 where, for any good and sufficient reasons it is impractical to establish a site in terms of clause 3.11.1 above, the Provincial Executive Committee is empowered to allow for the establishment of a site.
2.8.3 Every site shall elect from amongst its members a Chairperson, and a Vice Chairperson and a Secretary who will form the site representatives (also known as trade union representatives). The Chairperson shall serve as the site steward.
2.8.4 The duties of the site representatives shall be, inter alia, to:
2.8.4.1 represent members at a local level;
2.8.4.2 distribute information to the site members;
2.8.4.3 recruit members;
2.8.4.4 represent members in grievance procedures;
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2.8.4.5 assist with meeting attendance;
2.8.4.6 serve as a link between the site members and the Branch.
3.1.1 Any person who teaches, educates or trains other persons at an educational institution or assists in rendering education services or education auxiliary or support services provided by or in an Education Department shall be eligible for membership of the Union.
In the event of the member retiring from active service such member may apply to join the site within close proximity of his permanent residence and shall have the right to vote if elected or appointed as an accredited representative but may not hold office beyond the district structure.
3.1.2 A Member of the Union shall automatically become a member of the site of the Union within whose demarcated area the institution in which he is employed falls, unless otherwise approved by the National Executive Committee.
3.1.3 Any person not actively engaged in teaching and who is not eligible for membership in terms of clause 4.1.1 above, but who displays an interest in education shall be entitled to Associate Membership. Such Associated Members may take part in all the deliberations and activities of the Union but shall not have the vote or hold any office in respect of the Union, its Provinces, Districts, Branches, Sites and Committees.
3.1.4 Application for membership must be made on the:”Application for Membership and Subscription form” which shall be approved by the National Executive Committee.
3.1.5 A new member shall enjoy full benefits only after a persal/debit order deduction has been instituted.
3.2.2 A member of the Union may terminate his membership of the Union by directing a letter to the General Secretary of the Union, giving three month’s notice thereof.
3.2.3 A member may be disciplined or expelled from the Union if by act or omission he contravenes the Code of Conduct of the Union.
3.3.2 Membership fees of R28,00 per month shall be paid by members as defined by 3.1.1 and 3.1.2 above to the Union as determined by Conference.
3.3.3 In addition to the membership fee a member shall also be liable for the payment in the same manner of such other fees as may be prescribed in terms of any fund established in terms of clause 11.10.1 and 11.10.2.
3.3.4 Membership of the Union shall lapse when subscriptions are six months in arrears after the member concerned has been so informed. Lapsed members shall have no right to any of the benefits of membership of the Union.
4.1.1 The election of the Site representatives shall take place within 15 days of a Site being established.
4.1.2 A Site representative shall hold office for a period until the first meeting after the National Conference, which meeting shall take place as soon as possible after the National Conference.
4.1.3 Any vacancy shall be filled within 30 days of it occurring in terms of clause 2.8.3 above.
4.2.1 The Executive Committee of the Branch shall be elected within 30 days after the approval of such a branch.
4.2.2 The Executive Committee shall hold office until its first meeting after the National Conference, which meeting shall take place in terms of 2.7.4 above within 30 days.
4.2.3 Any vacancy shall be filled within 30 days of it occurring in terms of clause 2.7.4 above.
4.3.1 The Executive Committee of the District shall be elected within 30 days of a District being established in terms of clause 2.6.2 above.
4.3.2 The DISTRICT Executive Committee shall hold office until the first meeting after the National Conference which meeting shall take place in terms of 2.6.2 above.
4.3.3 Any vacancy shall be filled within 30 days of it occurring in terms of clause 2.6.2 above.
4.4.1 The Provincial Executive shall be elected within 30 days of the Province being established.
4.4.2 The Provincial Executive Committee shall hold office until its first meeting after the Provincial Conference which meeting shall take place in terms of 2.3.3 above. Only representatives accredited by the Districts shall be eligible to vote for the election of a new Provincial Executive Committee.
4.4.3 Any vacancy shall be filled within 30 days of it occurring in terms of clause 4.4.2 above.
4.4.4 In the event of the elections not occurring as set out in clauses 4.4.1 and/or 4.4.2 and/or 4.4.3 above within the time specified, the National Executive Committee shall make interim arrangements for the appointment of office bearers in the structures concerned
4.4.5 In the event of office bearers failing to fulfill the provisions of this Constitution, the National Executive Committee shall arrange for the interim administration of the structure concerned.
4.5.1 A person appointed by the National Executive Committee shall be the Returning Officer for the election of the National Office Bearers
4.5.2 The election of national Office Bearers shall take place as follows:
4.5.2.1 Nominations for the positions of President and Deputy President shall be submitted to the Provincial Executive Committee via the relevant structures in the Province 60 days before Conference for submission to the Returning Officer.
4.5.2.2 Nomination of candidates for posts other than that of President and Deputy President shall commence as from the first day of the Conference. The closing time for nominations will be at the tea break on the second day of Conference. .
4.5.2.3 All nomination forms shall be handed to the Returning Officer who shall ensure that a slate of posts and nominees is created and the delegates to Conference informed of the details of such slate from time to time during Conference.
4.5.2.4 Only members in terms of clause 3.1.1 of this Constitution shall be eligible to nominate, to second and vote in the election of the Office Bearers.
4.5.2.5 The Returning Officer shall ensure that the election of National Office Bearers is a closed session of Conference.
4.5.2.6 The Returning Officer shall announce the final slate of nominees for the various posts of Office Bearers and will thereafter announce the procedure to be followed during the election.
5.1 The meetings of the various structures constituted in terms of this Constitution, save for the Conference and the National Representative Council shall be held at least once a school-term.
5.2 The quorum for the meeting of each of the structures hereby established shall be fifty percent plus one of those members who constitute such structures.
5.3 Where a quorum is not present at the time the meeting is required to commence, the meeting shall stand adjourned for thirty minutes. Forty percent of the members who constitute the structure shall thereafter constitute a quorum.
5.4 The Minutes of each meeting will be recorded. The Minutes must be confirmed at every subsequent meeting.
6.1 The employees of the Union shall be the officials of the Union.
6.2 The terms and conditions of service of the officials shall be determined by the National Executive Committee.
6.3 The National Executive Committee shall also be empowered to employ such officials as it considers necessary.
7.1 Vacancies occurring as a result of a dismissal of an office bearer shall be filled as provided in terms of clause 7.2 below.
7.2 In the event of a vacancy occurring in any structure the respective Committee shall temporarily fill the vacancy with an eligible person until an appointment for the remaining term of office can be made at the next Official Committee Meeting.
8.1 No member may be disciplined or expelled unless the affected member is given an opportunity to defend any and all of the allegations made against him at a properly constituted enquiry held for that purpose.
8.2 Any member disciplined or expelled after the process referred to above is adhered to, is entitled to appeal, in writing, within 14 (fourteen) days of receiving the notice of such discipline or expulsion, stating the reasons therefore against the decision, to the National Executive Committee.
8.3 The National Executive Committee must consider the minutes of the enquiry referred to in 8.1 above, and consider the reasons for the appeal and may either confirm the discipline or expulsion or set aside the expulsion or decide in any other penalty it considers appropriate.
8.4 Any Office Bearer may be dismissed by the National Executive Committee for incompetence, serious neglect of duty or misconduct, subject to the rules of natural justice and fair labour practice.
The following are principles accepted by the Union as they apply to its Disciplinary Procedures:
9.1.1 Discipline is a corrective and/or a punitive measure.
9.1.2 Discipline must be applied in a prompt, fair, consistent manner.
9.1.3 Discipline is a function of the executive.
9.1.4 A disciplinary code ensures that all members
1.4.1 have a fair hearing
1.4.2 are timeously informed of allegations of misconduct made against them
1.4.3 receive written reasons for a decision taken
1.4.4 have the right to appeal against any decision
9.1.5 If a member commits misconduct that is also a criminal offence, the criminal procedure and the disciplinary procedure shall continue as separate and different procedures
9.1.6 The Code and Procedures contained here are guidelines and may be departed from in appropriate circumstances.
9.2.1 The Code of Conduct of Good Practice contained in Schedule 8 of the Labour Relations Act (1995), insofar as it relates to discipline, constitutes part of this Code and Procedure.
9.3.1 Verbal warnings: In cases where the seriousness of the misconduct warrants a verbal warning, the National Executive Committee may give a verbal warning. The National Executive Committee must inform the member that further misconduct may result in more serious disciplinary action, and record the warning.
9.3.2 Written warnings: In cases where the seriousness of the misconduct warrants a written warning, the National Executive Committee, may give the member a written warning. The following provisions shall apply to written warnings:
9.3.2.1 The representative of the National Executive Committee shall give a copy of the written warning to the member who must sign receipt of it. If the member refuses to sign receipt, the representative of the National Executive Committee must hand the warning to the member in the presence of another member and sign in confirmation that the written warning was conveyed to the member concerned.
9.3.3 For less serious forms of misconduct, no formal enquiry shall be held.
9.3.4 If the misconduct is of a serious nature, the National Executive Committee may initiate a disciplinary enquiry.
9.4.1.1 The member must be given at least 5 days’ notice before the date of the hearing.
9.4.1.2 The member must sign receipt of the notice. If the member refuses to sign receipt of the notice, it must be given to the member in the presence of another member who shall sign in confirmation that the notice was conveyed to the member concerned.
9.4.1.3 The written notice must contain:
9.4.1.3.1 a description of the allegations of misconduct
9.4.1.3.2 the main evidence on which the National Executive Committee will rely;
9.4.1.3.3 details of the date, time and venue of the hearing
9.4.1.3.4 information on the rights of the member to representation by a fellow member and to bring witnesses to the hearing.
9.4.2.1 The National Executive Committee may suspend any member if:
9.4.2.1.1 the member is alleged to have committed a serious offence
9.4.2.1.2 the National Executive Committee believes that the presence of the member in the structure concerned might jeopardise any investigation
into the alleged misconduct.
9.4.2.2 A suspension of this kind is a precautionary measure that does not constitute a judgement.
9.4.2.3 If a member is suspended as a precautionary measure, the National Executive Committee must cause a disciplinary hearing to be held within a month. The chair of the hearing must then decide on any further postponement.
9.4.3.1 The disciplinary hearing must be held within 14 days after the notice referred to in 9.3.4 above is delivered to the member.
9.4.3.2 The presiding officer must be an executing authority or another person with appropriate knowledge designated by the National Executive Committee
9.4.3.3 If the member so wishes, he may be represented by another member in the hearing
9.4.3.4 In a disciplinary hearing neither the Union nor the member may be represented by a legal practitioner. For the purpose of this Code, a legal practitioner is defined as a person who is admitted to practice as an advocate or an attorney in South Africa.
9.4.3.5 If the member fails to attend the hearing and the presiding officer concludes that such member did not have a valid reason, the hearing may continue in the absence of the member concerned.
9.4.3.6 The presiding officer must keep a record of the proceedings of the meeting and a copy of the notice of the disciplinary hearing.
9.4.3.7 The presiding officer will read the notice for the record and start the hearing.
9.4.3.8 The representative of the Union will lead evidence on the conduct giving rise to the hearing. The member or his representative may question any witness introduced by the representative of the Union
9.4.3.9 The member will be given an opportunity to lead evidence. The representative of the Union may question the witnesses.
9.4.3.10 The presiding officer may ask any witness questions for clarification.
9.4.3.11 If the presiding officer decides that the member has committed misconduct, he must inform the member of the finding and the reasons for it.
9.4.3.12 Before deciding on a sanction, the presiding officer must give the member an opportunity to present relevant circumstances in mitigation. The representative of the Union may also present aggravating circumstances.
9.4.3.13 The presiding officer must communicate the final outcome of the hearing to the member within five days after the conclusion of the disciplinary enquiry and the outcome must be recorded.
9.5.1 If the presiding officer finds a member has committed misconduct, he must pronounce a sanction, depending on the nature of the case and the seriousness of the misconduct and any mitigating or aggravating circumstances.
Sanctions consist of:-
9.5.1.1 a written warning
9.5.1.2 a final written warning
9.5.1.3 suspension for a period not longer than three months
9.5.1.4 a combination of the above , or
9.5.1.5 dismissal
9.5.2 The Union shall not implement the sanction during an appeal by the member.
9.6.1 A member may appeal the finding of the disciplinary hearing or sanction.
9.6.2 The member must, within five days of receiving the notice of the final outcome of the hearing or other disciplinary procedure, submit the written appeal to the National Executive Committee.
9.6.3 The appeal authority who shall consider the appeal shall be
9.6.3.1 the executing authority [Central Committee] of the Union, or
9.6.3.2 a member appointed by the National Executive Committee [Central Committee] who was not involved in the decision to institute the disciplinary hearing and
9.6.3.2.2 has a higher status than the presiding officer of the disciplinary hearing
9.6.4 If the person/committee to in 9.6.3 above requires a hearing, he/they shall notify the member concerned of the date and place.
6.5 The appeal authority may
9.6.5.1 uphold the appeal, and/or
9.6.5.2 reduce the sanction, or
9.6.5.3 confirm the outcome of the disciplinary proceedings.
9.6.6 The National Executive Committee shall immediately implement the decision of the appeal authority.
10.1 If in the opinion of the National Executive Committee the only way to safeguard, protect and defend the interests of the members of the Union is by embarking on industrial action, then in such event the National Executive Committee shall decide whether such industrial action should be embarked upon by:
10.1.1 all the members of the Union; or
10.1.2 a specific Province; or
10.1.3 a specific District; or
10.1.4 a specific Branch; or
10.1.5 a specific Site.
10.2 Before embarking on an industrial action, the Union shall ballot its members who fall within the constituency, as referred to in clauses 10.5.2 below.
10.3 The General Secretary shall notify all of the members referred to in clauses 10.5.2.1 below, in writing, of:
10.3.1 the reason why industrial action is sought;
10.3.2 the fact that a ballot shall be held for the above purposes;
10.3.3 the date, time and venue for such ballot and the proof they would be required to produce to exercise their right to cast a ballot.
10.4 Notwithstanding anything to the contrary contained in this Constitution, members shall not be disciplined or have their membership terminated for failure or refusal to participate in a strike if:
10.4.1 no ballot was held about the strike; or
10.4.2 a ballot was held but a majority of the members who voted did not vote in favour of the strike.
10.5.1 The National Executive Committee may, if it deems it necessary, refer any motion to be decided upon by ballot.
10.5.2 Ballots, other than the simple ballot used for election purposes, shall be conducted in the following manner:
10.5.2.1 Notice of a ballot shall be given to every member of the district in
writing by the provincial secretary, at least three days before the ballot
is to be taken; provided that a ballot may be taken without notice at any general meeting of the province on the decision of a majority of the members present.
10.5.2.2 At least two scrutineers shall be appointed by each DISTRICT executive of a general meeting of the province to supervise any ballot and to ascertain the result thereof.
10.5.2.3 Except in the case of ballots taken at general meetings on the decision of a majority of the members present, ballots shall be conducted at such places as may be specified in the notice referred to in clause 10.5.2.1 on the date and during the hours specified in the said notice.
10.5.2.4 Ballot papers shall be supplied by the General Secretary to the provincial secretaries who in turn shall without delay furnish same to the DISTRICT secretaries. The issue to be voted upon shall be set forth clearly on the ballot papers and such papers shall not contain any information by means of which it can be possible to identify the voter.
10.5.2.5 Ballot boxes shall be inspected by the scrutineers and sealed by the district secretary in their presence prior to the issuing of ballot papers.
10.5.2.6 One ballot paper only shall be issued on demand at the place and during the hours fixed for the taking of the ballot to each member of the district who is entitled to vote.
10.5.2.7 Each voter shall, in the presence of the scrutineers, be issued with one ballot paper which he shall thereupon complete, fold and deposit in a ballot box provided for that purpose.
10.5.2.8 Ballot papers shall not be signed or marked in any way apart from the mark required to be made by a member recording his vote. Papers bearing any other marks shall be regarded as spoilt and shall not be counted.
10.5.2.9 On completion of the ballot or as soon thereafter as possible, the result thereof in respect of each district shall be ascertained by the scrutineers appointed for such district in the presence of the district secretary and be made known to the
10.5.2.10 DISTRICT and provincial executive committees which shall soon as possible thereafter advise the National Executive Committee via the General Secretary.
10.5.2.11 Ballot papers, including spoilt papers, shall be placed in a container which shall be sealed after they have been counted and retained by the provincial secretary for not less than three years.
10.5.2.12 All structures of the Union shall be bound to take action according to the decision of a majority of members voting in a ballot.
11.1 One or more banking accounts shall be operated by the Union with such approved financial institution (s) as the National Executive Committee may from time to time decide upon, and all such accounts shall be in the name of the “Cape Teachers’ Professional Association”.
11.2 The National Executive Committee shall from time to time direct that moneys not required for immediate use, be deposited with approved financial institutions in savings or fixed deposit accounts.
11.3 All moneys received by the General Secretary on behalf of the Union shall be deposited in the approved financial institutions to the credit of the Union’s account
11.4 All moneys received on behalf of the Union shall be duly acknowledged by receipt.
11.5 All payments shall be made by cheque which shall be signed by two of the following : The President, the General Secretary, the Vice President Financial Affairs or by such other office bearer as the National Executive Committee shall decide upon.
11.6 The Vice-President Financial Affairs shall submit to the National Executive Committee at least once a quarter a detailed income and expenditure account of the Union.
11.7 The books of the Union shall be audited by a certified auditor approved by the National Executive Committee.
11.8 The books of the Provinces of the Union shall be closed on 31 December of each year and shall be submitted to the Head Office of the Union by not later than 28 February of the next year together with audited financial statements.
11.9 The books of the Union shall close for audit on 31 December of each year.
11.10 The following Funds of the Union may be established, supported by voluntary contributions, donations and disbursements:
11.10.1 Benevolent Fund
11.10.2 Emergency Fund
11.11 Funds collected by means of membership fees shall be used, inter alia, for:
11.11.1 conducting the business of the Union;
11.11.2 making such donations as may be approved by the National Executive Committee;
12.1 The national office bearers of the Union shall be the Trustees of the Union
13.1 The National Executive Committee may acquire by purchase, lease or otherwise, movable and immovable property and also mortgage, sell or otherwise deal with or dispose of such property. It may also enter into any contract for the erection, re-modeling or reconstruction, repair or demolition of any of the buildings of the Union.
13.2 The Title Deeds of the properties of the Union shall be registered in the name of the Union.
14.1 The Union is a legal personage with the right to sue and be sued jointly and severally in the name of the Union and / or the President of the Union. The President or his nominee is empowered to sign all contracts on behalf of the Union.
14.2 Unless otherwise provided by this Constitution, no office bearer, official or member shall, by reason of the fact that he is an office bearer or official or member of the Union, be liable for any of the obligations of the Union.
15.1 By-laws, not inconsistent with the Constitution, may be framed by the Central Committee and after acceptance by the National Executive Committee, shall have the same force and effect as the Constitution.
15.2 Proposed alterations and / additions to the By-laws must be submitted via the General Secretary.
16.1 Proposed amendments to the Constitution shall be submitted in the name of the National Executive Committee or of the Provincial Council as the case may be. Such submissions must be in writing and must reach the General Secretary at least 90 days before the National Executive Committee Meeting or 90 days before Conference.
16.2 Amendments to the Constitution shall only become effective if and when two-thirds of those eligible to vote at Conference of the Union approve such
amendments which shall also be subject to the approval of the Registrar for Labour.
17.1 The Union can be dissolved only by a majority of at least two-thirds at a national Conference specially called for this purpose and for the purpose of disposing of its assets.
17.2 This Conference shall be constituted on the same basis as the ordinary national Conference.
17.3. At least thirty days’ notice shall be given of such Conference.
17.4 In the event of the Special Conference resolving to wind up the affairs of the Union, the procedure as laid down in the Labour Relations Act that may be in force from time to time shall be followed.
17.5 At no time shall the Union as such or its Provinces, Districts, Branch, Sites, committees or members declare or otherwise divide any profit amongst or for the benefit of such Province, District, Town, Sites, committees or members.
17.6 If on the dissolution of the Union there remain any surplus of funds and / or property whatsoever after all the debts and liabilities shall have been discharged, such surplus of funds and / or property shall be given or transferred to such educational institutions as decided by the Special Conference.
17.7 In the event of the dissolution of a Site or Branch or Province of the Union, all monies, records and assets shall devolve upon the Union.
18.1 Any matter not provided for in this Constitution shall be dealt with by the National Executive Committee and in the event of any doubt or dispute as to the meaning or interpretation of any phrase, clause, term or expression used in this Constitution, the interpretation thereof shall be made by the National Executive Committee and its decision shall be final.
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CAPE TEACHERS’ PROFESSIONAL ASSOCIATION
BY-LAWS TO THE CONSTITUTION
1. Voting
1.1 No proxy votes shall be allowed in any of the structures of the Union.
1.2 In the event of a structure not sending its full quota of voting representatives to a meeting, such structure will only qualify for the number of votes equal to the voting representatives present at the meeting.
1.3 Voting representatives shall be identified by means of voting cards. In the event of a change occurring in the voting representation, such change must be communicated to the Returning Officer by the Chairperson of the structure concerned.
1.4 A member shall exercise his right to vote only if he has been appointed as a voting representative by the relevant structure.
2. CONFERENCE
2.1 At the opening of each Conference, the Standing Orders and the Code of Conduct prepared by the National Executive Committee shall be submitted and, if approved, adopted.
2.2 All members in good standing will be able to attend Conference. Only accredited representatives of the Province shall be able to vote on behalf of the Province at Conference.
2.3 At the Opening of each Provincial Conference the Standing Orders and the Code of Conduct for Conference and meetings prepared by the National Executive Committee shall be tabled and adopted.
2.4 No notice of motion shall be placed on the agenda of Conference except those agreed upon by the National Executive Committee. All notices of motions coming from members shall come through their respective Sites and thereafter through the various structures to reach the General Secretary at least is weeks prior to the date of Conference.
2.5 The business of Conference shall be:
· Opening Service of Conference
· Assembly and Constitution of Conference
· Annual General Reports of Portfolios
· Reports of other Committees
· Amendments to the Constitution
· Conference Resolutions
· Election of Office Bearers
and any other business as may be approved by the National Executive Committee
2.6 Every speaker during Conference debates shall be identified by stating his name and the District which he represents before being allowed to continue with his speech or query.
2.7 The Provincial Secretary must submit the names of the accredited provincial representatives to Conference to the General Secretary no later than 60 days before the date of the Conference.
2.8 All Annual General reports to be tabled at Conference/Council must be submitted to the General Secretary 60 days before the date of Conference. Failure to comply with the said deadline may lead to the report not being considered by Conference/Council.
3. HONORARY LIFE MEMBERSHIP
3.1 Honorary Life Membership of the Union may be bestowed by Conference on any person, but in a field related to Education.
3.2 The granting of Life Membership does not have to take place annually.
3.3 This award shall be made for outstanding contribution to Education and Training.
3.4 Any structure of the Union may nominate a candidate for Honorary Life Membership provided that such nomination reaches the General Secretary not later than a month before the last meeting of the NEC before the Conference at which the Honorary Membership is awarded
3.5 The National Executive Committee shall make the final decisions regarding the awarding of Honorary Life Membership
3.6 At no time shall the number of Honorary Life Membership exceed 20 living members.
4. NATIONAL EXECUTIVE COMMITTEE
4.1 The National Executive Committee shall have the right to co-opt provided that the co-opted persons are only appointed to the Committee for a specific time, to perform a specific task at a specific meeting of the National Executive Committee.
5. MEMBERSHIP
5.1 Membership of the Union shall lapse when subscriptions are in arrears after the member concerned has been so informed.
6. TRUSTEES
6.1 The President signs documents on behalf of the Trustees who are the National Office Bearers of the Union.
7. PROVINCIAL OFFICES
7.1 The Province may in consultation and by resolution of the National Representative Council of the Union open an office in the Province. The Province shall staff such office subject to consultation and approval of the National Executive Committee.
8. PROVINCIAL DAY MANAGEMENT COMMITTEE
8.1 The Provincial Day Management Committee shall consist of: The Chairperson, the Vice Chairperson, Secretary and Treasurer.
8.2 The Day Management Committee shall act on behalf of the Provincial Executive Committee in the event of emergencies provided that all such actions be tabled at the next meeting of the Provincial Executive Committee.
8.3 In the event of a vacancy occurring in the Provincial Day Management Committee, the Provincial Executive Committee shall temporarily fill the vacancy until a new appointment can be made by the next Provincial Executive Committee.