Saptu has during the past years held various meetings of our Managing Committee to draft a new Constitution for SAPTU as the one that was used has become outdated. Flowing from the aforementioned our Constitution was enclosed by The Registrar of Trade Unions in 2008 and therefore the need to renew and amend our Constitution has become necessary.
The Registrar has approved our new Constitution of Trade Union on 28 August 2015. Referring to paragraph 1 amendments have been made due to amendments to the Labour Relations Act and various new sectors that we must now serve in and recent developments in the financial and banking industries that assist us in our daily operations. Our Management structure also had to be streamlined.
Flowing from the above paragraphs, we only wish to name of the significant amendments that have been made:
Clause 5: STATUS OF THE UNION AS JURISTIC PERSON
Clause 5.1: The Union is a legal entity with continuous legal succession that exists independently of its members and is entitled to form contractual and other associations and to act as legal claimant and defendant in its own name.
Clause 5.2: SAPTU is an association not for gain.
Clause 6: Objectives
Clause 6.1.6: Not belong to a political party and not promote the objectives of any political party and/or religious affiliation.
Clause 6.1.7: Render legal advice and/or legal representation to members concerning employment matters, provided that the ExcO is of the opinion that such legal representation is justified.
Clause 6.1.15: Protect and promote the interests of members and their communities in social, intellectual and cultural areas, by funding, administering and supporting charitable organisations to the benefit of members and their communities where possible and reasonable.
Clause 7 Membership
Clause 7.1: Any employee in the Republic of South Africa shall be eligible for membership of the union.
Clause 8: A member shall be entitled to the benefits and assistance of the union on the expiration of 3 (three) months paid-up membership.
Clause 8.6: No member will be entitled to benefits or service from the union if his membership fees are in arrears for more than 3 (three) months or if he has other obligations to the union.
Clause 9: Membership Fees
Clause 9.1: The MC determines membership fees on an annual basis.
Clause 9.2: A member shall pay subscriptions to the union, which shall 1.1% of the gross remuneration with a minimum of R25-00 to a maximum of R60-00.
Clause 9.4: Membership fees may be paid by means of stop orders, debit orders or in accordance with a payment system where membership fees are deducted monthly from a member’s salary. Fees shall be paid to the National Office. With regard to electronic transfers, the deposit slip or electronic proof of transfer must be faxed or emailed to the relevant SAPTU- Trade Union Representative Committee or SAPTU-Head Office.
Clause 10: Termination of Membership
Clause 10.1: A member’s membership shall be terminated, and he shall no longer be entitled to the benefits of membership, including the right to vote.
Clause 11: Congress of Representatives
Clause 11.1: A Congress of Representatives of Members which is the supreme governing body of the union shall under normal circumstances, be held every 3 (three) years on a date determined by the President.
Clause 12: Management
Clause 12.1.1: The Management of the Affairs of the Union will be vested in a Management Committee and will consist of the President, Deputy President and Three Vice-Presidents.
Clause 126.96.36.199.1: The Management Committee (MC) will be the uppermost management body of the union, and all officials, office-bearers, members of the MC and of the ExCo, TURC-committees and members, will be subject to, and bound by resolutions of the MC;
Clause 188.8.131.52.17.1: The MC shall have the right to decide on constitutional amendments.
Clause 184.108.40.206.22: The MC may delegate to the Executive Committee (EXCO) such powers and duties as it deems desirable and with the power to delegate such competencies further to the General Secretary subject to the conditions laid down in this regard.
Clause 13: The Executive Committee (EXCO)
Clause 13.2.1: The EXCO of the Union will consist of the President, Deputy President, a Vice-President, and one ordinary member who is elected directly after the first meeting of the MC after the Congress of Representatives and the General Secretary (Ex-Officio).
Clause 13.2.3: To deal with and control the affairs of the union between meetings of the MC;
Clause 13.2.5: To act on behalf of the MC in all delegated matters the EXCO regards as urgent;
Clause 13.2.21: The appointment of paid staff.
Clause 13. The President and Deputy President.
The powers and duties of the President and Deputy President are set out in the clauses 13.3 and the various sub-clauses. Of importance to note is that as outlined in closure 220.127.116.11. The President shall have the powers granted to him by the Constitution. This includes all competencies.
Clause 13.4: The General Secretary and his duties are set out in clause 18.104.22.168
Clause 13.4.1: The General Secretary is the primary executant and chief accounting officer of the Trade Union, and he operates by order and mandate of the MC.
Clause 14: Individual members
The Constitution now also make provision for individual members.
Clause 14.1: Individual members shall be members who are not party to a collective agreement with an employer.
Clause 15: Trade Union Representatives (TURC’S)
Trade Union Representatives (TURC’s) Committees have now been introduced as in line with the Labour Relations Act. Branches no longer exist in our operational sectors clause 15.1 The general control of the union at worker level will be vested in the Trade Union Representative Committees (TURC’s).
Clause 15.1.1: The TURC consists of members as determined in the LRA, or as negotiated with the employer;
Clause 15.1.2: The TURC serves as co-ordinating body for all activities of the Trade Union representatives in the workplace.
Clause 16: Finances
The Constitution now makes provision for good governance as required by the various clauses of the LRA. The various sub-clauses of section 16 address all the financial obligations the union must adhere to.
Clause 17: Conciliation, Mediation, Arbitration Labour Court.
Sub-clauses 17.1 and 17.2 is important as it deals with the process of the referral of disputes to the CCMA and to the Labour Court.
Clause 18: Discipline
Clause 18.1.1: The MC will appoint a subcommittee consisting of 3 (three) members of the union, which shall be known as the Disciplinary Committee. No members, (except in the case of the first Disciplinary Committee appointed after the union’s establishment) may be appointed to the Disciplinary Committee before they have been full members of the union for a period of at least 2 (two) years. The MC will determine the period for which such members are to serve on the Disciplinary Committee.
Clause 18.2: Members
Disciplinary taken against any member and all the requirements (fair procedure) are set out in sub-clause 18.2.1 up to 18.2.11.
Clause 18.2.11: “If no ballot vote was held regarding a strike, or a ballot vote was indeed held, but the majority of members did not vote in favour of a strike, no member of the union may be disciplined or refused membership owing to a failure or refusal to participate in the strike.
Clause 18.3: Office Bearers and Trade Union Representations.
The procedures to be followed in the above categories are set out in sub clause 18.3 – 18.4.
Clause 19: Discipline Against Officials
Clause 19.1: Discipline against officials shall be conducted in terms of the requirements of the LRA.
Clause 21: Representation on Bargaining and Statutory Councils.
The Trade Union can now become a party to a bargaining or statutory council established in terms of the CRA.
Clause 23: Liquidation
The process of liquidation of the union are set out in the above section.
Clause 25: Confidentiality
The above clause deals with the important aspect of confidentiality and in clause 25.5.3 there are a requirement that a confidential agreement must be entered into with the union
Clause 26: Code of Ethics and Conduct/Conflict of Interest
Officials and Office-Bearers of the Union, shall conduct themselves in a professional, ethical and business like manner at all times and will be required to sign the Union’s Code of Ethics and Conduct and Confidential Policy.
Clause 27: Amendments
Clause 27.1: This Constitution may be amended by means of a resolution of the MC of the Union.
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