SECTION 1
NAME
The name of the Union is THE PROFESSIONAL EDUCATORS UNION,
abbreviated as PEU, hereinafter referred to as the Trade Union, an association not for
gain.
SECTION 1A
MOTTO
The motto of the Trade Union shall be “Ora et labora.”
SECTION 2
AIMS AND OBJECTS
(a) To study the educational needs of the RSA in general and those of the
provinces within which it operates, and to effect or bring about the
necessary improvements called for from time to time.
(b) To establish, or encourage the establishment of Committees, to study
various educational and labour problems and enlighten from their findings
both the teaching profession and the parents in order that improvements
in the various fields of need can be achieved.
(c)
To maintain, promote and protect the interests and rights of members and
to employ in this connection any lawful and constitutional means
necessary for the achievement of these aims.
(d) To afford members advice and assistance of a legal nature or
otherwise, in matters arising from the profession.
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(e) To encourage and promote the South African Literature, Sport, Arts and
Culture and to hold from time to time exhibitions, shows and competitions
relating to the above.
(f) To work for the greater unity of the teaching profession in the RSA.
(g) To strive continually for the advancement and promotion of education and
the status of the teaching profession in the RSA.
(h) To be the mouthpiece of members in the expression of their views
to the education authorities as well as in all forums where members’
rights and interests are discussed.
(i) To represent members at all levels, be it provincial, national and/or
international and in all organizations where it may seek affiliation.
(j) To represent PEU members within the education sector and negotiate on
their behalf the improvement of their conditions of service at all
relevant labour forums.
(k) To promote and maintain labour peace in the education sector.
(l) To promote collective bargaining and conclude agreements and
negotiate on behalf of members and the trade union in the resolution of
disputes as well as grievances.
(m) To generally act as a trade union in terms of the relevant legislation(s).
(n) To act and promote its course in a non-racial, non-sexist and politically
non-aligned manner.
SECTION 3
POWERS
(a) To exercise all and any of the powers of which true voluntary trade
unions, whose purpose is not the acquisition of gain, are capable of.
(b) To acquire by purchase, donation, lease, hire, exchange or otherwise, or
hold in trust any property movable or immovable, required or deemed
necessary or expedient, and to sell, use, convey, mortgage, encumber,
donate or otherwise transact or dispose of such property.
(c)
To collect, solicit and accept funds from any legally recognized source or
subscriptions which may be required for the purpose and benefit to the
Trade Union, and to bank all such funds in a banking account authorized
by proper decision and further invest such funds as mandated.
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(d) To provide by resolution, for any signature on behalf of the Trade
Union, for Powers of Attorney, Deeds and documents, without which
no individual member or Executive Committee member may pledge the
credit of the Trade Union or represent it in any legal
proceedings instituted by or against the Trade Union.
(e)
To act as a Trade Union and exercise all rights, duties and
functions granted by the Constitution of the Republic of South Africa,
the Labour Relations Act or any other statute, rule, regulation or
convention.
SECTION 4
CODE OF CONDUCT
(a) The corporate image of the Trade Union shall be preserved by a Code of
Conduct which shall be adopted from time to time by the Annual
Conference. The Code of Conduct as said here-above is annexed hereunder as
Schedule 1. This Schedule shall form an integral part of the Constitution.
(b) The general conduct of all officials and/or members of the Trade Union
shall be governed by the Code of Conduct referred to under (a) above.
(c)
If in the opinion of the Annual Conference and/or General Executive
Council any official, member or structure of the Trade Union has
and purport of the Trade Union’s Constitution.
(e) Deleted and willfully and deliberately brought the Trade Union into
disrepute, then the structure at which the offending act occurred shall invoke
Schedule 2 of the Constitution.
(d) The Code of Conduct shall be interpreted in a way that shall advance the aims,
objects replaced by (d) above.
SECTION 5
MEMBERSHIP
(a) The following shall be eligible for membership :
1.
Ordinary members
(i) Educators in service in pre-primary, primary and post-primary schools
(ii) Educators employed at tertiary institutions and Adult Education Centres
(iii) and those educators who are employed as such outside school and/or
tertiary institutions and
(iv) those members employed as non-educators by the education departments or
institutions
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2. Associate members
(i) Members who have left the education sector and still subscribe to the
Trade Union.
(ii) Any person nominated by the District and approved by the Province
and the General Executive Council.
(iii) Such members as defined in (i) and (ii) above shall have no vote and
shall not hold any office.
(b) The General Secretary shall furnish each member with a membership
card/certificate, declaring him or her to be a member of the Trade Union,
and entitled to all rights and privileges granted to him/her by the
Constitution of the Trade Union.
(c) Any member may withdraw from membership of the Trade Union subject
to the following condition : written notice of intention to withdraw
from membership shall be forwarded to the General Secretary of the
Trade Union not less than 3 (three) months prior to the actual date of
withdrawal.
(d) Any member may be removed from membership upon the following
conditions :
(i) Deleted and replaced by Schedule 2.
(ii) Deleted and replaced by Schedule 2
(iii) Deleted and replaced by Schedule 2.
(iv) Deleted and replaced by Schedule 2.
(e) On the recommendation of the General Executive Council, after
consultation with the branch, district and/or province having jurisdiction,
the General Executive Council may recommend at the Annual Conference
to re-instate any withdrawn or removed member. Such re-instatement will
be decided on a vote of which not less than 75 % (seventy-five per
centum) of the members present at the Annual Conference must be in
favour of.
SECTION 6
ORGANISATION
The Trade Union shall consist of the following bodies :
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(a) National Conference
(b) The General Executive Council
(c)
The National Executive Committee
(d) Provincial Executive Committees
(e)
District Executive Committees
(f)
Branch Executive Committees
These committees shall be formed through triennial elections conducted in
terms of this Constitution at all relevant levels except (a) and (b) above. The
Trade Union has a further right to create special committees for specific
purposes as/when the need arises.
SECTION 7
JURISDICTION
(a) The Conference of the Trade Union shall have jurisdiction over all the
provinces of South Africa as determined. The General Executive Council
through the National Executive Committee shall exercise this jurisdiction on
behalf of the conference.
(b) Each Provincial Committee shall have jurisdiction over all District and
Branch Committees that fall under its area and shall itself fall under
the jurisdiction and control of the General Executive Council and
Conference. No Provincial Committee may pass a resolution which
conflicts with a resolution of the Conference or the General Executive
Council or with the Constitution of the Trade Union. This provision shall
apply mutatis mutandis to all Districts.
(c)
Each District shall fall under the control and authority of the Provincial
Committee in whose area it falls. The Provincial Committee shall approve all
resolutions of any District committee before they take effect.
(d) Each Branch Committee shall fall under the jurisdiction and control of the
District Committee in whose area it falls. No Branch Committee may
pass a resolution which conflicts with a resolution of the District
and/or Province under whose jurisdiction it falls, nor pass a resolution which
conflicts with a resolution of the General Executive Council or with the
resolution of Conference or the Constitution of the Trade Union.
SECTION 8
BRANCHES
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(a) A Branch shall consist of no fewer than 30 (thirty) members except
where exemption is granted by the District having jurisdiction over it,
subject to ratification by the Provincial Committee.
(aa) Every Branch shall have a Chairperson, Vice Chairperson, Secretary, two
Deputy Secretaries, Treasurer and chairpersons of the following standing
Committees:
(i)
Education and Professional Matters Committee
(ii)
Finance Committee
(iii) Motions and Labour Committee
(iv)
Gender Committee
(v)
Sport, Art and Culture Committee
(vi)
Editorial Committee
(b) A new Branch may be formed and recognised provided that :
1.
A written application be sent to the District Secretary of the District in
whose area of jurisdiction the proposed Branch falls by the appointed
Secretary of the proposed Branch.
2.
The District Executive Committee having jurisdiction has recommended
such application.
3.
The proposed Branch undertakes to formulate rules and regulations by
which the Branch is to be governed within 6 (six) months after its
recognition, based on the Trade Union’s Constitution, which rules and
regulations are to be approved by the District Committee having
jurisdiction and thereafter by the General Executive Council of the
Trade Union. Any amendments to such rules and regulations shall also
be approved by the District Committee and thereafter by the General
Executive Council. No rules proposed or amended shall take effect until so
approved.
(c) All Branches shall fall under the jurisdiction of the District Committee
having jurisdiction and shall receive authority and powers from the said
District. All resolutions of any Branch Committee shall be approved by
the District Committee before they take effect.
(d) The Branch Committee shall have the right of appeal in any matter to the
Provincial Committee and then to the General Executive Council after
notice has been given to the General Executive Council, and to the District
Committee having jurisdiction, by the Branch Secretary. The General
Executive Council’s decision shall be final.
(e)
Every Branch shall be governed by a Committee consisting of officials
elected by bona fide members of the Branch in accordance with the rules
and regulations of the Branch.
(f) The General Executive Council may dissolve a Branch and/or combine it
with another Branch on the recommendation of the District Committee
under whose jurisdiction such Branch falls.
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(g) The procedure adopted at, and the agenda of any meeting of the Branch
Committee should follow the pattern as set out in Section 23 (d) and 29
of the Constitution as far as is practically possible.
(h) Each Branch may raise its own funds provided that it does not impact
negatively on the fundraising initiatives of the Trade Union and provided
that proper books of account are kept by the Branch Treasurer and a full
report is given annually to the District Committee at the annual District
Conference as to the allocation of any funds collected by the said
Branch.
(i) Subject to the provisions of Section 22 of the Constitution, each Branch
Treasurer shall submit all the application forms for membership of his/her
Branch to the District Treasurer of the District having jurisdiction.
(j)
Each Branch Chairperson shall submit a full annual report on his/her
Branch’s activities to the District Committee at the annual District
Conference.
(k) (Each site shall have a site-steward)
SECTION 9
DISTRICTS
(a) The General Secretary shall keep the register of Districts.
(b) New Districts
1.
A District shall have a minimum of 300 (three hundred) members.
2.
No new District may be formed without the written consent of the
General Executive Council and without the written application by the
Provincial Committee under which the new District falls.
(c) Jurisdiction
Each District shall fall under the control and authority of the Provincial
Committee having Jurisdiction and the General Executive Council of the
Trade Union and any decision by the General Executive Council shall be
final and binding on each District, and in turn on each Branch.
(d) District Regulations
Each District shall form rules and regulations by which the District is to
be governed as soon as it is possible after its recognition. This shall be
based on the Trade Union’s Constitution and approved by the General
Executive Council via the Provincial Committee Having jurisdiction. Any
amendments thereof require prior approval of the General Executive
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Council. No part of the said rules and regulations may be in conflict with
the Trade Union’s Constitution and/or code of conduct.
(e) Officials
1. Every District shall have a Chairperson, Vice-Chairperson, Secretary,
two Deputy Secretaries, Treasurer, and Chairpersons of the following
Standing Committees :
(i)
(ii)
(iii)
(iv)
(v)
(vi)
2.
Education and Professional Matters Committee which shall be chaired
by the Vice Chairperson.
Finance Committee
Motions and Labour Committee
Gender Committee
Sport, Art, and Cultural Committee
Editorial Committee
The District Secretary shall :
(i)
forward to the General Secretary of the Trade Union not later than
the last day of April each year, the following particulars :
(I)
a register of bona fide members of the Trade Union in the
District, together with their addresses and the branches to
which they belong;
(II)
the names of the District delegates to the Provincial Annual
conference. ;
(III) motions for Conference.
(ii) forward to the Secretary of the Provincial committee not
later
than 1 (one) month after District Conference :
(I)
(II)
(ii)
names of office-bearers of the District;
any change in the District regulations;
represent the District in the Provincial General Committee and the
General Executive Council and report to his/her District;
(iv) provide the Provincial Committee and the General Executive Council
each time they meet with any information they may require.
(f) District Conference
1.
All Districts shall hold their Annual Conference at least once a year.
2.
(i)
All bona fide members in the District are entitled to attend Annual
District Conferences;
(ii) each Branch shall nominate 10 (ten) delegates;
(iii) members may take part in discussions, but only delegates and
officials shall vote and hold office.
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3.
The procedure adopted at, and the agenda of the Conference of the
District, must follow the pattern as set out in Section 23 (d) and 29 of the
Constitution, as far as is practically possible.
4. Each District shall send motions to the Provincial Secretary for adoption or
consideration by the Annual General Conference in accordance with the
provisions of Section 23 (f) below.
(g) Boundaries
The General Executive Council may from time to time change the boundaries of
Districts/Regions to coincide with the boundaries of the Districts and/or Circuits
of the Department of Education. Such changes will be influenced by submissions
from affected Districts.
(h) Allocations
Each District will receive an allocation, based on its membership, from
treasury and may raise its own funds on condition that it does not impact
negatively on the fundraising initiatives of the Trade Union.
(i)
Dissolution
The General Executive Council may recommend to Conference the
dissolution of any District should the need arise and/or to amalgamate the
District with another District or when the District wishes to merge with
another District or Districts.
(j)
Delegation
The General Executive Council and/or Provincial Committee may delegate
any of their/its powers or functions in a District to the relevant District
Committee.
SECTION 10
PROVINCES
(a)
The Trade Union shall operate in all the provinces in the Republic of South
Africa.
(b) Each province shall fall under the control, authority and jurisdiction of
the General Executive Council of the Trade Union and any decision by
the General Executive Council shall be final and binding on each
Province, and in turn on each District.
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(c) Provincial Regulations
Each Province shall form rules and regulations by which the Province is
to be governed as soon as same shall have been approved by the
Provincial Conference. This shall be based on the Trade Union’s
Constitution and approved by the General Executive Council. Any
amendments thereof require the approval of the General Executive
Council. No part of the said rules and regulations may be in conflict with
the Trade Union’s Constitution and/or code of conduct.
(d) Officials
1.
Every Province shall have a Chairperson, Vice-Chairperson, Secretary,
two Deputy Secretaries, Treasurer, and Chairpersons of the following
Standing Committees :
(i)
(ii)
(iii)
(iv)
(v)
(vi)
2.
Education and Professional Matters Committee. (To be chaired by
the Vice Chairperson)
Finance Committee
Motions and Labour Committee
Gender Committee
Sport, Art and Cultural Committee
Editorial Committee
The Provincial Secretary shall :
(i) forward to the General Secretary of the Trade Union not later than
the last day of May each year, the following particulars
(I)
(II)
a summary of statistics of the Trade Union’s membership in
the Province, for the year under review.
confirmation of delegates to the Annual Conference from
constituent districts.
(ii) ensure that motions from constituent districts are submitted timeously
for the Annual Conference.
(iii) forward to the General Secretary of the Trade Union not later than 1
(one) month after the Provincial Annual Conference :
(I)
(II)
names of the office-bearers of the Province;
any change in the Provincial regulations.
(iv) represent, together with the Chairperson, the Province in the General
Executive Council and report to his/her Province;
(v) provide the General Executive Council each time it meets with any
information it may require.
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(e)
1.
2.
Provincial Conference
All Provinces shall hold their Conference once a year.
(i) each District shall nominate 10 (ten) delegates;
(ii) members may take part in discussions, but only delegates and officials
shall vote and hold office.
3.
The procedure adopted at, and the agenda of the Conference of the Province,
must follow the pattern as set out in Sections 23 (d) and 29 of the
Constitution, as far as is practically possible.
4.
Each Province shall send motions to the General Secretary for adoption or
consideration by the Annual General Conference in accordance with the
provisions of Section 23 (f) below.
(f) Boundaries
The boundaries of Provinces shall be as determined by the Constitution of
the RSA
(g) Allocations
Each Province will receive an allocation, on a pro-rata basis, from the General
Executive Council through treasury and may raise its own funds on condition
that it does not impact Negatively on the fundraising initiatives of the Trade
Union.
(e) Dissolution
The General Executive Council has the power to recommend to Conference
the dissolution and reconstitution of a Provincial Executive Committee should
the need arise.
(f)
Delegation
The General Executive Council may delegate any of its powers or functions in
a Province to the relevant Provincial Executive Committee.
SECTION 11
OFFICE-BEARERS OF THE TRADE UNION
(a) 1. The office bearers of the Trade Union shall be the President, DeputyPresident, Vice-President, General Secretary, (for purposes of section 95
(5) (i) of the Labour Relations Act as amended), 2 (two) Deputy
General Secretaries , General Treasurer , Editor ,
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Chairpersons of Standing Committees who shall be elected into office
by the triennial conference of the Trade Union and Chairpersons of
Provinces elected at provincial triennial conferences.
2. Any ordinary member shall have a right to be elected into any position at
any level. An office bearer shall not hold more than one position. As soon as
one is elected into two consecutive levels, one should relinquish one
position.
(b) Elections
1.
All office bearers of the Trade Union shall be elected by the triennial
conference in terms of Section 5 (a) 1 and Section 23 (h).
2. Nominations of office bearers shall be submitted to the returning officer
thirty (30) days prior the Conference on a prescribed form, signed by
both the nominator and a seconder, both of whom must be accredited
members of Conference and/or delegates, provided that delegates may
nominate office bearers during conference.
3. Nominated names shall be publicized on the first (1st ) day of
Conference. Nominees shall complete forms accepting or declining
nomination.
4. The returning officer shall call for ballot papers per office at the time
the item “election” on the agenda is dealt with.
5.
Voting shall be by secret ballot. The person with the highest votes
shall be declared an incumbent by the returning officer.
(c) Vacancies
Should a vacancy occur :
1.
In the office of President, the Deputy-President shall immediately
assume office;
2.
in the case of any official, the National Executive Committee shall
cause the vacancy to be filled by appointment.
(d) Term of office
1.
All officials shall hold office for 3 (three) years and shall be eligible
for re-election.
2.
All officials, committees and representatives of the outgoing
National Executive Committee of the Trade Union shall act till the
first meeting called at the instance of the incoming National
Executive Committee.
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3.
The outgoing committee officials should hand over to the in-coming
committee officials all documents, files, and property of the Trade
Union.
(e) Suspension of officials
1.
The General Executive Council can only discuss the suspension of its
office-bearers on receipt of a written motion calling for such suspension
from either 2 ( two ) of its Districts or from a Province of the Trade
Union.
2.
The National Executive Committee shall have the power to deal with
suspension of office-bearers of the Trade Union.
3.
The General Executive Council shall take the following steps to suspend
from office any of its officials :
(i) pass a motion of no confidence and suspend the official in question
by simple majority vote;
(ii) circularize its decision to Provinces and Districts within 14 (fourteen)
days; and
(iii)
declare and fill a vacancy if the member has been found guilty
.
(g) Grievance and disciplinary Procedure
Any member or official who violates the provisions of the Constitution and the
Code of Conduct shall be subjected to proceedings as prescribed in this
Constitution, and any member or official who has a grievance shall be entitled
to follow a grievance procedure prescribed by this constitution.
The President
1.
Duties
It shall be the duty of the President to
(i) preside over all meetings of the Trade Union and of the General
Executive Council and National Executive Committee;
(ii)
decide all questions of order, precedence of items on agenda and
procedure;
(iii) summon through the General Secretary, all meetings of the Trade
Union and of the General Executive Council and National Executive
Committee;
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(iv) draw up in the first month after Conference, with the assistance of
the General Secretary, a list of the meetings of the General
Executive Council and of other committees of the Trade Union for
the ensuing year;
(v) authorize payment and be co-signatory with the General Secretary and
the General Treasurer of all cheques, withdrawals, contracts, and all
other financial transactions from any place of financial deposit and/or
institution(s).
(vi) be a custodian, with the assistance of the National Executive
Committee and the General Executive Council, of the union’s
Constitution and Code of Conduct.
2.
Powers
The President shall
(i) have the right to attend all meetings of the committees of the
Trade Union;
(ii) have a casting vote only at any meeting of the Trade Union where
he/she is Chairperson, and a deliberative vote only at meetings over
which he/she does not preside;
(iii) not propose a motion or amendment in the Annual Conference;
(iv) on the advice of the General Executive Council, authorize and
present an award being a citation and medal to any member of the
Trade Union for outstanding meritorious service to the Trade Union
and the teaching profession.
(g) The Deputy President
He/she shall:1. assist the President and in the absence or inability of the President,
take over all the powers and duties of the President , when
he/she shall exercise the same powers as the President.
2. be responsible for all Sub-Committees of the Trade Union
(h) The Vice-President.
He/she shall:
1. be the chairperson of Education and Professional Matters Committee.
2.
act as the president in the absence or inability of both the President and the
Deputy President, when he/she shall exercise the same powers as the President.
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(i) The General Secretary
Duties
It shall be the duty of the General Secretary to
1. keep correct minutes of the Trade Union, and of the General Executive
Council;
2. keep a central register of all members of the Trade Union as derived from the
Provincial registers, and a list of paid up membership subscriptions ( see
Section 22 (b) below );
3. attend such meetings of other committees of the Trade Union as may
be deemed necessary by the General Executive Council and file copies of their
minutes;
4. preserve all documents and effects belonging to the Trade Union;
5.
conduct all correspondence of the Trade Union;
6.
keep a record of motions passed by Conference, the General Executive Council,
the Education and Professional Matters Committee, and other committees of the
Trade Union, together with the outcome of such motions;
7.
file all reports of the representatives of the Trade Union in other bodies;
8.
publish motions passed at Conference, together with replies, in the official
organ of the Trade Union, at the earliest convenience;
9.
check minutes of Conference, the General Executive Council, the Education
and Professional Matters Committee, and other committees to see that all the
business has been dealt with;
10 call, where necessary, the meeting of the appropriate Committee to deal with
any matter brought to his/her notice so that its decision may be reported at
the next meeting of the General Executive Council;
11 send copies of minutes of the General Executive Council meeting to all
members of the Council at least 2 (two) weeks prior to the next meeting;
12. send a written reminder to all Provinces and Districts concerning preparatory
duties for Conference 3 (three) months prior to Conference;
13. carry out any other duties delegated to him/her by, or with the approval of
the General Executive Council and such duties as normally pertain to his/her
office;
12 to be co-signatory with the President and the General Treasurer of cheques,
withdrawals, contracts, and all other financial transactions from any place of
financial deposit and/or institution(s).
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13. present the General Executive Council Report to the Trade Union’s Annual
General Conference.
(j) The Deputy General Secretaries
They shall:1.
be elected at the Conference;
2.
record minutes of the NEC and perform such duties as may from time to
time be delegated to them by the NEC and/or General Executive
Council;
3.
attend all meetings of the National Executive Committee and the
General Executive Council.
(k) The General Treasurer
Duties
It shall be the duty of the General Treasurer to
1.
receive and bank all monies of the Trade Union in the name of the
Trade Union;
2.
keep records of monies received by him/her, expended, owing by or
to the Trade Union, and full records of the assets and liabilities of the
Trade Union;
3.
keep accounting records, supported by vouchers which must be
capable of being audited by a recognized auditor;
4. present when required, financial statements at meetings of the National
Executive Committee, the General Executive Council and the Annual
General Conference of the Trade Union.
5. sign as co-signatory with the President and the General Secretary ,
all cheques, withdrawals, contracts, and all other financial transactions
from any place of financial deposit and/or institution(s).
SECTION 12
THE GENERAL EXECUTIVE COUNCIL
(a) Composition
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The General Executive Council shall consist of the President, the DeputyPresident the Vice-President, the General Secretary, Deputy General Secretaries,
the General Treasurer, the Editor, Chairpersons of the National Standing
Committees, Provincial Executives, District Chairpersons and District
Secretaries.
(b) Co-option
The General Executive Council shall have the power to co-opt any past officebearer of the Trade Union as a member of the General Executive Council,
provided that :
1.
he/she qualifies for membership under Section 5;
2.
the co-option be by two-thirds majority vote;
3.
there be only one such co-option of a member in any one year.
(c) Attendance
Should a member of this Council fail to attend 2 (two) consecutive
meetings without leave of absence, he/she shall be deemed to have vacated
his/her seat on this Council and the Vacancy will be filled as laid down
in Section 11 (c)
(d) Chairperson
The President shall be the Chairperson of the General Executive Council
and in his/her absence, the Deputy-President. In the absence of both, the
Vice-President shall preside. In the absence of all the presidents the Council
shall elect its own Chairperson.
(e) Notices
Council members shall receive written notices of General Executive
Council meetings at least 14 (fourteen) days prior to each meeting, unless
it is an Emergency and/or Special GEC.
(f)
Meetings
It shall be the duty of the General Executive Council to meet :
1.
at least 4 (four) times a year, on days agreed upon by the members after
receiving the President’s list in accordance with Section 11 (1) (iv)
above.
2.
when called by the General Secretary on receipt of a requisition signed by
no fewer than fifty percent plus one (50%+1) of Provinces of the General
Executive Council.
3.
with the new members of the General Executive Council after Conference
as laid down in Section 23 (h) below.
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(g)
Quorum
At any meeting of the General Executive Council, not less than two-thirds of
its membership shall form a quorum.
(h) Invitations
The General Executive Council shall have the power to invite to meetings of
the Trade Union members of other trade unions and any persons interested in
matters concerned with education. Such persons shall neither introduce motions
or amendments, nor exercise a vote at such meetings, but shall be entitled
to speak.
(i)
Substitutes
Any member who is unable to attend a meeting of the General Executive
Council, may be represented by any other executive member of his/her
Committee, provided that the General Secretary shall be notified in
writing before the substitute takes his/her seat in the meeting.
(j) Voting
1.
At meetings of the General Executive Council, the vote shall be taken
by a show of hands, but any member shall have the right to call for
a ballot.
2.
In the case of a tie in the voting, the Chairperson shall have a
casting vote.
(k) Powers
The General Executive Council shall :
1.
decide on the date and venue of Conference and prepare a programme for
Conference.
2.
have the custody and control of the funds of the Trade Union and shall
be entitled to do on behalf of the Trade Union, all such things as the
Trade Union is empowered to do, except such things or acts as may be
expressly required to be otherwise performed.
3.
receive written reports from Provincial and District Secretaries and from
representatives at all ordinary meetings of the Council.
4.
have power to suspend officials or members of the Trade Union as laid
down in Section 11 (e) above.
5.
fill vacancies which may occur in any one of the offices, as a result of
death, resignation, dismissal or otherwise ( See Section 11 (c) above ).
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6.
act as a final court of appeal in disputes submitted to it by Provinces,
Districts or Branches and its decision shall be final and binding on all
parties.
7.
have the power to suspend or expel any member whose conduct - in
terms of the Trade Union’s Code of Conduct makes it desirable that such
a member should no longer remain in the Trade Union, provided that,
(i)
his/her Province/District has recommended that he/she be suspended or
expelled after full consideration by the Provincial/District Executive
Committee;
(ii)
the General Executive Council has satisfied itself from the evidence
given by the member to be expelled or suspended that expulsion or
suspension is warranted;
(iii) the member concerned has had 21 (twenty-one) days notice of such
action; and
(iv) the motion is carried by two-thirds majority vote of Council members
present.
8. be the ultimate authority in cases of suspension/expulsion of members.
9.
have the power to suspend, after investigation, payment of Provincial/District
allocation to any Province/District which does not fulfill the requirements of
this Constitution, or fails to bring Provincial/District regulations in line with
the Constitution and general rules of the Trade Union.
10. have the power to recommend to Conference, after investigation, the dissolution
or alteration of boundaries of any District which has not held a meeting for
the last twelve months, or which it desires to merge with another District or
vice versa. { See Section 9 (i) above}
11. have the power to dissolve any Branch on the recommendation of the
Province/District.
12. have the power to appoint representatives of the Trade Union on other
bodies.
13. have the power, through the National Executive Committee, to invoke any
aspect of the Code of Conduct of the Trade Union to deal with
individuals/structure whose conduct is contrary to the policy and practice of
the Trade Union.
(l) Office Personnel
The financial stability of the Trade Union permitting, the General Executive
Council shall recommend to Conference that the Trade Union’s business be
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transacted at the Trade Union’s Head Office and in Provincial/District offices
on daily basis by full-time personnel led by the General Secretary who shall
remain accountable to the General Executive Council through the National
Executive Committee as an Employer. The General Executive Council through
the National Executive Committee shall contract the personnel of the Trade Union
with the Trade Union. Such personnel may not enjoy any of the privileges and
rights of the office-bearers or ordinary members of the Trade Union.
(m) Standing Committees
The General Executive Council shall, at its first meeting after elective
Conference, appoint the additional members of the following Committees :
1. The Editorial Committee { See Section 14 (a) below
2. The Education and Professional Matters Committee { See Section 15
(a) above }
3. The Sport, Art and Cultural Committee { See Section 16 (a) below }
4. The Finance Committee { See Section 17 (a) below }
5.
The Motions and Labour Committee { See Section 18 (a) below }
6.
The Gender Committee { See Section 19 (a) below }
SECTION 13
THE NATIONAL EXECUTIVE COMMITTEE
(a) Composition
The National Executive Committee shall consist of the President, DeputyPresident, Vice-President, the General Secretary, Deputy General
Secretaries, the General Treasurer, the Editor , the Chairpersons of
Standing Committees ( all elected at the triennial Conference) and
Chairpersons of the Provinces elected at Provincial triennial conferences.
(b) Duties
The National Executive Committee shall :
1.
take such action on behalf of, and in the name of, the Trade Union as it
considers necessary, and as cannot, in the opinion of the President, be
delayed until the calling together of the General Executive Council;
2.
inquire into any report or any anomalies and irregularities occurring in
education in South Africa.
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3.
report its recommendations at the next meeting of the General Executive
Council for ratification.
4.
deal with any written report requesting suspension/expulsion of a member,
and shall, if it considers it desirable, recommend to the General Executive
Council that such a member be suspended/expelled as the case may be.
(c)
Chairperson
The President shall be the Chairperson of the National Executive
Committee , and in his/her absence the Deputy-President shall act as
Chairperson. The Chairperson shall exercise a casting vote in the event
of a tie.
(d)
Vacancies
The General Executive Council shall fill any vacancies caused by
death , resignation or suspension { See Section 11 (c) 2 above }
(e)
Notices
1.
National Executive Committee members shall receive notice of a
meeting at least 7 (seven) days prior to the meeting.
2.
However, the Chairperson shall be entitled to call a special meeting
without giving 7 (seven ) days notice and not less than 24 (twentyfour) hours notice to all members of the National Executive
Committee.
(f) Meetings
The National Executive Committee shall meet at the discretion of the
President.
(g) Quorum
50% + 1 (Fifty percent plus one) shall form a quorum.
(h) Invitations
The National Executive Committee shall have the power to invite to its
meetings , in a consultative or advisory capacity, members of other
Trade Unions, the Trade Union’s attorneys and accountants and any other
person interested in matters concerned with education or the
affairs of the Trade Union, provided that such person/s shall neither
introduce motions or amendments, nor have a vote at the meetings, but
shall be entitled to speak.
(i)
Attendance
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As in Section 12 (c).
(j)
Resolutions
Resolutions shall be carried by simple majority vote. The Chairperson
shall exercise a casting Vote in case of a tie.
(k)
Standing Committees
1. The Editorial Committee { See Section 14 (a) below }
2. The Education and Professional Matters Committee { See Section 15
(a) above }
3. The Sport, Art and Cultural Committee { See Section 16 (a) below }
4.
The Finance Committee { See Section 17 (a) below }
5.
The Motions and Labour Committee { See Section 18 (a) below }
6.
The Gender Committee { See Section 19 (a) below } To delete (k)???
SECTION 14
THE EDITORIAL COMMITTEE
(a) Composition
The committee shall consist of the Editor as the chairperson, all chairpersons of
provincial editorial committees and a sub-editor appointed by the committee in their
first meeting. The sub-editor shall serve as the secretary of the committee.
(b) Duties
The Committee shall :
1.
advise its Chairperson/Editor on all matters concerned with the
official organ of the Trade Union and other publications;
2.
decide the form and arrangement of the official organ;
3.
publish such reports as are required in terms of the Constitution;
4.
secure permission of the General Executive Council before incurring
any expenditure on the official organ;
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5.
stop publication of material which, in its opinion, is not in the
interest of the Trade Union;
6.
remain directly responsible to the General Executive Council;
7.
invite members to assist in the collection of such dated press-cuttings
as may be of value to the Trade Union;
8.
engage in such research projects as may be called for from time
to time by the Trade Union;
9.
send copies of the official organ to all members who have paid their
subscriptions and any interested persons, education and state
institutions.
10. make sure that the official organ of the Trade Union bears the word
PEU.
11. Formulate media policy
1. Prepare and issue media statements.
(c) The Chairperson
The Editor, elected by Conference, shall be the Chairperson of the
Editorial Committee, and in his/her absence, the Editor shall act as
Chairperson. In the case of a tie the Chairperson shall have a casting vote.
(d) The Secretary
The Sub-Editor shall act as Secretary and shall be elected by the
Conference. He/She shall perform all such duties as may be delegated to
him/her from time to time by the General Secretary.
(e) Quorum
(f)
50% + 1 (fifty percent plus one) shall form a quorum.
Vacancies
As in Section 13 (d) above.
(g) Notices
As in Section 13 (e) above.
(h) Invitations
As in Section 13 (h) above.
(i) Meetings
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The Committee shall discuss separate issues of the official organ of the
Trade Union prior to publication of such issues, but not necessarily at
separate meetings , for each issue. More frequent meetings may be
called at the discretion of the Chairperson and/or Editor.
(j) Attendance
As in Section 12 (c) above.
SECTION 15
EDUCATION AND PROFESSIONAL MATTERS COMMITTEE
(a) Composition
The Education and Professional Matters Committee shall consist of
the Vice-President (Chairperson) and all Deputy Chairpersons of provinces,
1 (one) of whom shall be the Secretary.
(b) Duties
The Committee shall :
1.
study and report on any educational and professional matters referred
to it by the General Executive Council;
2.
submit on its own initiative, educational and professional matters to
the General Executive Council for discussion;
3.
regularly send written reports of its meetings to the General
Executive Council for ratification and filing.
4.
arrange and create new bursaries and interview and select suitable
candidates for such bursary schemes.
5.
feature in the formulation, study and the interpretation of government
policies on early child development (ECD) and make recommendation to
the General Executive Council for consideration and application.
6.
provide professional support to educators falling under the early child
development section.
(c) Chairperson
The Vice-President shall be the Chairperson of the Committee, and in
his/her absence , the Committee shall elect its own Chairperson who shall
have a casting vote in the case of a tie.
(d) The Secretary
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One of the members appointed by the General Executive Council shall be
Secretary.
(e) Quorum
50% + 1 (fifty percent plus one) shall form a quorum.
(f) Vacancies
As in Section 13 (d) above.
(g) Notice
As in Section 13 (e) above.
(h) Invitations
As in Section 13 (h) above.
(i) Meetings
The Committee shall meet at the discretion of the Chairperson, normally
no fewer than twice a year , and as soon as possible after receipt of
information as referred to in paragraph (b) 1 above and paragraph (b) 2
above.
(j) Conferences
The Committee shall hold at least 2 (two) conferences per annum on
appropriate themes.
(k) Attendance
As in Section 12 (c) above.
SECTION 16
SPORT, ART AND CULTURAL COMMITTEE
(a) Composition
It shall consist of a Chairperson elected by Conference and all
Chairpersons of the Provincial Sport, Art and Cultural Committee, one
(01) of whom shall be the secretary.
(b) Duties
The Committee shall :
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1. foster interest of Art, Sport, Culture and Music among members of the Union.
2. organize exhibitions in its activities.
3. organize inter-provincial competitions in Sport, Art and Cultural activities among
members of the Union.
4. draw up rules and regulations for the running of the competitions and/or
activities, which must be approved by the General Executive Council.
5. draw up a syllabus for the following year’s sport, art, cultural and music
activities and competitions within 3 (three) months after the Annual Conference.
6. hold seminars/workshops on Sport, Art and Cultural activities.
7. see that its reports are published in the official organ of the Trade Union.
8. make recommendations to the General Executive Council on matters relating to
their activities
9. send written reports relating to its activities to the General Executive Council
at least twice a year.
10. furnish the General Executive Council with full details of any and all monies
collected and/or received by the Committee and pay over any and all monies
so received to the General Treasurer of the Trade Union.
11. embark on a recruitment campaign with the assistance and approval of the
General Executive Council through the National Executive Committee.
12. stage rallies aimed at initiating aspirant and newly appointed members into the
education sector.
13. participate in youth development programmes within the education sector for
as long as such participation is not in conflict with the Constitution of the
Trade Union.
(c) Chairperson
The Chairperson of the Committee shall be elected by the triennial
Conference, and in his/her absence, the Committee shall elect its own
Chairperson. He/She shall exercise a casting vote in the case of a tie.
(d) Secretary
One of the members shall act as Secretary.
(e)
Quorum
50% + 1 (fifty percent plus one) shall form a quorum.
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(f)
Vacancies
As in Section 13 (d) above.
(g)
Notices
As in Section 13 (e) above.
(h)
Invitations
As in Section 13 (h) above.
(i)
Meetings
The Committee shall meet at the discretion of the Chairperson at least less
twice a year.
(j)
Attendance
As in Section 12 (c) above.
SECTION 17
FINANCE COMMITTEE
(a) Composition
It shall consist of a Chairperson elected by Conference, the General
Treasurer and all Provincial Finance Chairpersons
(b) Duties
The Committee shall :
1.
inspect all finance books of the National Executive Committee and the
General Executive Council at least twice a year;
2.
inspect the books of any Standing Committee, Province, District or
Branch of the Trade Union on the instructions of the National
Executive Committee or General Executive Council;
3.
draw the attention of the National Executive Committee or the General
Executive Council to irregularities, real or suspected, in the control
and administration of the Trade Union’s funds by any member(s) or
committee of the Trade Union, and seek the authority of the President
or National Executive Committee or General Executive Council to
investigate such irregularities;
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4. call for any books, vouchers, receipts, cheque books or any other
document or information which may be considered relevant to the
successful study of the records under inspection;
5. call and interrogate any member of the Trade Union on matters relevant to the
records under inspection;
6. present to the National Executive Committee and later to the General Executive
Council a written report with the recommendations whenever requested to do
so by the National Executive Committee.
7. present to the General Executive Council meeting before the Annual
Conference, a full report with recommendations, as soon as possible after each
inspection.
8. present a full report to the Annual Conference of the Trade Union.
9. make any recommendations regarding the collection, administration and
investment of the Trade Union’s funds.
10. undertake any financial duties as may be delegated to it from time to time by
the President or National Executive Committee or General Executive Council of
the Trade Union.
(c)
Chairperson
The Chairperson of the Committee shall be elected by Conference and
shall be a member of the General Executive Council. In his/her absence
the Treasurer shall preside. In the absence of both the committee shall
elect its own Chairperson. He/She shall exercise a casting vote in the
case of a tie.
(d) Secretary
At its first meeting, the Committee shall appoint a Secretary from among
its members.
(e) Quorum
50% + 1 (fifty percent plus one) shall form a quorum.
(f) Vacancies
As in Section 13 (d) above.
(g) Notices
Committee members shall receive notice not later than 7 (seven) days prior to
the meeting.
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(h) Invitations
The Committee shall, with the approval of the National Executive Committee,
have the power to invite to its meetings, in a consultative or advisory
capacity, any person(s) with the knowledge of financial matters, provided that
such person(s) shall neither introduce motions or amendments nor have a
vote at the meetings, but shall be entitled to speak.
(i)
Meetings
The Committee shall meet at least twice a year to inspect the finance
records of the National Executive Committee, General Executive Council, the
Sport, Art, and Culture Committee, and any other Standing Committee as directed
by the General Executive Council. At the discretion of the President or National
Executive Committee or the General Executive Council, the Committee shall
meet as often as may be required.
(j)
Attendance
As in Section 12 (c) above.
SECTION 18
MOTIONS AND LABOUR COMMITTEE
(a) Composition
The Committee shall consist of the Chairperson elected by Conference
and all Provincial Chairpersons of Motion and Labour Committee, one of
whom shall be appointed Secretary.
(b) Duties
The Committee shall :
1. prepare motions for conference as well as General Executive Council meetings
and submit such to the General Secretary for recording and filing;
2. lead discussion in Conference on all motions which the Committee has
handled;
3. set up and co-ordinate bargaining committees at all relevant levels of
bargaining and serve as a negotiating team leader;
4. prepare proposals and counter-proposals for purposes of negotiation and
bargaining at all relevant levels;
Page 29 of 46
5. report back to the National Executive Committee through the Chairperson and
to the General Executive Council on all agreements reached and proposals
rejected;
6. obtain mandates from the General Executive Council on negotiable matters of
policy before such matters may be negotiated with bodies outside the Trade
Union.
7. Represent members of the union in labour matters.
8. Advice the union and/or members on labour matters.
9. Advice the NEC/GEC on constitutional matters.
(c) Chairperson
The Chairperson of the Committee shall be elected by Conference and
shall be a member of the General Executive Council. In his/her absence,
the Committee shall elect its own Chairperson. He/She shall exercise a casting
vote in the case of a tie.
(d) Secretary
1 At its first meeting, the committee shall appoint a Secretary from among its
members.
(e) Quorum
50% + 1 (fifty percent plus one) shall form a quorum.
(f)
Vacancies
Should a vacancy occur in the committee, the province whose member is
withdrawn shall be requested by the General Executive Council to submit
a name of the member who replaces the withdrawn one at provincial
level.
(g) Notices
Committee members shall receive notice not later than 7 (seven) days
prior to the meeting.
(h)
Invitations
As in Section 13 (h) above.
(h) Meetings
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The Committee shall meet at the discretion of the Chairperson, at least twice
a year.
(i)
Attendance
As in Section 12 (c) above.
SECTION 19
GENDER COMMITTEE
(a) Composition
The Committee shall consist of the Chairperson elected by Conference
and all chairpersons of Provincial Gender Committees. One of the
members shall be appointed Secretary of the Committee.
(b) Duties
1.
The Committee shall study gender-related issues pertaining to the
Trade Union and make recommendations to the General Executive
Council for ratification.
2.
Study all relevant gender-related matters in the profession and
make recommendations to the General Executive Council for
consideration and application.
3.
Feature in the formulation and interpretation of Provincial and
National Education curricula with reference to aspects relating to
gender.
4.
Promote gender equality and sensitivity within the Trade Union.
5.
6.
Send delegations to provincial and national education departments to
submit memoranda on issues pertaining to gender affairs, subject to
the approval of the General Executive Council.
Form relationships with and/or affiliate to bodies with similar
objectives outside the organisation with the purpose of promoting
gender equality.
(c) Chairperson
The Chairperson shall be elected by Conference and shall be a
member of the General Executive Council. In his/her absence, the
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committee shall elect its own Chairperson. She/he shall exercise
a casting vote in the case of a tie.
(d) Secretary
1 (one) of the members appointed by the General Executive
Council shall act as Secretary of the Committee.
(e) Quorum
50% + 1 (fifty percent plus one) shall form a quorum.
(f) Vacancies
As in Section 13 (d) above.
(g) Notices
As in Section 13 (e) above.
(h) Invitations
As in Section 13 (h) above.
(i) Meetings
The Committee shall meet at the discretion of the Chairperson, but at
least twice a year.
(j)
Conferences
The Committee shall, hold at least one (1) conference per annum
on appropriate themes.
(k) Attendance
As in Section 12 (c) above.
SECTION 20
FULL TIME SHOP STEWARD (FTSS)
(a)
(b)
The Trade Union may have Full Time Shop Steward(s) as determined by
the policies of the Department of Education.
He/she shall:(i)
be recommended by a province for which he/she shall
be serving, subject to the approval by the General Executive Council.
Page 32 of 46
(ii)
be accountable to the Provincial Executive Council
SECTION 21
REPRESENTATIVES ON OTHER BODIES
(a) Appointment
The General Executive Council shall appoint representatives to serve on
specific bodies outside The Trade Union in accordance with Section 12 (k)
12 above.
(b)
Powers
In the absence of a specific mandate or instructions, representatives of
the Trade Union on other bodies, duly appointed in accordance with the
provisions of the Constitution , shall be authorized to act on behalf of
and in the name of the Trade Union, provided that they shall not give a
vote in conflict with the declared policy of the Trade Union, and that
their action and/or vote, and/or any act or deed done by them, shall not
be binding on the Trade Union until ratified by the General Executive
Council of the Trade Union.
(c) Reports
It shall be the duty of the representatives of the Trade Union on any
body to present a written report to the first ordinary meeting of the
General Executive Council after the meeting of the body on which they
represented the Trade Union.
(d) Withdrawal
The General Executive Council may, after having reviewed the actions of
such representatives, terminate their appointment as representatives by
two-thirds majority vote of the members at the meeting of the General
Executive Council and may then appoint substitutes.
SECTION 22
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FINANCE
(a) The Financial Year
The financial year of the Trade Union shall end on the last day of
March each year.
(b) Subscriptions
1.
The subscription for ordinary members of the Union shall be R55.00 per month.
The Annual Conference shall have the power to vary the subscription from time
to time, provided that such an intention shall be communicated to members three
(3) months before Conference. Conference may delegate this power to the
General Executive Council provided that this delegated power shall lapse
automatically if not exercised within six months after the last day of the
Conference.
(i)
Allocation to all structural levels of the Trade Union shall be
determined by the General Executive Council subject to ratification by
Conference.
(ii)
In the first meeting of the General Executive Council the Finance
Committee shall present an annual budget for approval.
(iii)
The NEC shall allocate funds to the provinces, provinces shall allocate
funds to districts and districts shall in turn allocate funds to branches.
2.
The subscription shall entitle the subscriber to a free copy of the official
organ of the Trade Union, post-free for the current year.
3.
All subscriptions shall be payable by stop order unless otherwise directed.
4.
No second payment shall be made to the Trade Union in the case of a
member transferred from one District to another.
5. Notice of cancellation of stop orders for the ensuing year must be in the
hands of the General Secretary at least 3 (three) months before such
cancellation is effected.
6. All subscriptions must be sent to the General Treasurer, who shall
acknowledge receipt of same.
(c)
Signatories to cheques
The President, the General Secretary and the General Treasurer shall be
signatories to cheques on the accounts of the Trade Union and also to
cheques or withdrawals from any financial institution for and on behalf
of the Trade Union. The President shall countersign all financial statements
approved by the General Executive Council after they have been signed
by the General Treasurer and the accountants.
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(d)
Financial Statements
The General Treasurer shall present audited financial statements at
Conference, but only when they have been ratified by the General
Executive Council, and countersigned by the President.
(e) Expenses
The funds of the Trade Union shall be used only in the interest of the
Trade Union , and all expenses must be authorized by the General
Executive Council and/or the National Executive Committee.
(f) Traveling Expenses
The payment of expenses incurred by members of committees and
members traveling on the Trade Union’s business may be approved by the
National Executive Committee on behalf of the General Executive Council
and shall thereafter be paid by the General Treasurer.
(g) Donations
1.
The Trade Union may receive donations.
2.
No member of the Trade Union may give a donation in the name of the
Trade Union to any organisation without the prior approval of the General
Executive Council.
3. Fund-raising
The area of operation and in which contributions will be collected
shall be all the provinces of RSA as determined as well as from international
donors.
(h) Auditing
(i)
1.
The financial statements of the Trade Union shall be audited
annually by a chartered accountant. The audited books shall be
presented to the General Executive Council at its last meeting before
the Annual Conference by the General Treasurer, and after adoption,
shall be presented to Conference.
2.
The General Executive Council shall manage the finances of the
Trade Union.
Monies paid to or received by the Trade Union
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1. All monies received shall be deposited into the banking institution
or building society in the Republic of South Africa or the Post
Office Savings Bank under the direction of the General Executive
Council.
2. Monies shall be disbursed only by cheque and other forms of
written withdrawals and/or orders signed by the President, the
General Secretary and the General Treasurer.
3. A regular statement of revenue and expenditure shall be placed
before the National Executive Committee by the General Treasurer
from time to time.
(j) Trustee Committee of the Union
Property of the union in terms of the Trust Deed Document and shall be
responsible to the General Executive Council and Annual Conference
through the Emergency Executive Committee. The Trustee Committee shall
hold at least 4 (four) meetings per annum. Any 3 (three) members
of the Committee shall form a quorum provided that a written notice was
extended to all members at least 7 (seven) days prior to the said meeting
and provided that the Chairperson is in attendance. Decisions of the
Trustee Committee shall be subject to the approval of the National
Executive Committee and General Executive Council before they take
effect.
SECTION 23
ANNUAL CONFERENCE
(a)
General
A Conference of the Trade Union shall be held annually, open to all
members of the Trade Union. Every member may attend, and speak, at
the discretion of the Chairperson, but only delegates and officials of the
Trade Union shall vote.
(b) Delegates
1.
Each Province shall be entitled to send its PEC and ten (10) delegates from
each district to Conference .
2.
Names of duly accredited delegates shall be sent by the Provincial
Secretary to the General Secretary at least 21 (twenty-one) days prior to
Conference. All delegates shall be persons who are not in arrears with
their subscriptions.
3.
Substitute delegates may be appointed and have full powers of delegates,
provided that the General Secretary is informed in writing of the
substitution.
(c)
Place and date of conference
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The Annual Conference of the Trade Union shall be held at a venue and
time to be decided by the General Executive Council, as laid down in
Section 12 (k) (1) above.
(d) Order of business
In drawing up the agenda for Conference, the General Executive Council
(and Provincial, District and Branch Committees in case of their meetings)
shall, as far as possible, follow the following order of business :
1.
Read the Standing Orders ( See Section 29 below).
2.
Roll Call.
3.
Presidential Address.
4.
Confirmation of the minutes of the last Conference and business arising
out of the minutes.
5.
Consideration of amendments to the Constitution, if any.
( See Section 25 below).
6.
Receive and consider :
(i)
(ii)
(iii)
General Executive Council Report;
Provincial Reports;
Standing Committees’ Reports;
7.
Receive and consider the Audited Financial Statements of the General
Treasurer; Motions
8.
Election of the following :
(i) President, Deputy-President and Vice-President
(ii)
General Secretary; and two Deputy Secretaries
(iii)
General Treasurer;
(iv) Editor;
(v)
Chairpersons of Standing Committees.
9.
Any other business not covered by the above headings, of which prior
notice shall have been forwarded to the General Secretary 30 (thirty)
days in advance of Conference.
(e) Invitations
The General Executive Council shall have the power to invite to
Conference members of other associations/trade unions and any persons
interested in matters concerned with education and/or for the benefit of
the Trade Union. Such persons shall not be allowed to vote or introduce
motions or amendments at Conference, but shall be entitled to speak.
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(f) Motions
The following procedure shall be followed in connection with motions :
1.
All notices of motions shall be forwarded to the General Secretary
by Provincial/District Secretaries not later than 90 (ninety) days
before conference and where possible, such motions shall appear in
the last issue of the official organ of the Trade Union before
Conference.
2.
Only motions referred to in 1 above, or motions arising out of
Conference business, or motions which in the opinion of the
General Executive Council are of an urgent nature, shall be
attended to at Conference.
3.
Every motion arising out of Conference business shall be made in
writing, and bear the names of the mover and the seconder.
4.
All motions which come from Provinces/Districts must pass through
the Motions and Labour Committee at least 90 (ninety) days before
Conference.
(g) Voting
1.
Only delegates, members of Standing Committees and members of
the General Executive Council shall be entitled to vote and hold
office.
2.
The Chairperson shall have a casting vote, which he shall exercise
in case of a tie.
3.
No delegate at Conference may exercise more than one vote on any
question put to Conference.
(h) Handing over of office
The outgoing members of the National Executive Council shall, at the
instance of the new President, meet the incoming members at the end
of Conference for the purpose of handing over the assets of the Trade
Union, and exchanging ideas on the affairs of the Trade Union, and within
21 (twenty-one) days of expiry of office. This shall apply likewise to
outgoing members of any Province and/or District and/or Branch and/or
Standing Committee of the Trade Union.
(i) Reports in the official organ of the Trade Union
Shortly after the Annual Conference, there shall appear, inter alia, in the
official organ of the Trade Union :
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1.
2.
3.
4.
The Presidential Address
The General Executive Council Report
The Audited Financial Statements
Resolutions passed at Conference.
SECTION 24
PROPERTY
(a)
All property, movable or immovable, shall vest in the name of the Trade
Union.
(b) No property, movable or immovable, shall be disposed of without the
due authorization of the President and the General Executive Council
through the Trustee Committee.
SECTION 25
AMENDMENT OF CONSTITUTION
(a) Notice
Notice of a proposed amendment to this Constitution may be given by
the General Executive Council, or Provincial/District Executive Committee,
on a two-thirds majority vote of those present and voting at a properly
constituted meeting , the proposed alteration having been circulated in
writing to all members of the body, provided in all cases not less than
two-thirds of the members are present and they vote.
(b)
Publication of notice
Such proposed changes must be published in any issue of the official
organ of the Trade Union before Conference. The onus is on the body
proposing the change to see that the Editor of the official organ shall
have such in time for insertion, and that the General Secretary of the
Trade Union has the text of such proposed alteration on/or before the last
day of April, prior to the date of Conference.
(c)
Change only by General Executive Council
No change shall be made in the Constitution except by the General
Executive Council on instruction of Conference. Such instruction shall not
be considered to be of effect for the purpose of this Section unless carried
by a two-thirds majority of duly qualified Conference delegates present
and voting.
(d) Change must be specific
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Such change must be specific, and must embody the exact addition,
deletion or alteration/s, also stating the section(s) and paragraph(s) referred
to.
(e) Amendments affected
No amendments to any proposed change in the Constitution shall be
allowed except after satisfaction of the conditions imposed in this
Section.
SECTION 26
STRIKES AND STRIKE BALLOTS
{ Section 95 (5), (o), (p) & (q) of Labour Relations Act of 1996 }
(a)
If in any matter concerning the Trade Union or its members and on
which matter the National Executive Committee is of the opinion, after
referral to it for consideration by any member, group or part of the union,
that the general consensus or opinion of all or a part of its members
should be obtained, it may authorize a ballot of all or part of its
members.
(b) The ballot may be conducted in any way which the National Executive
Committee may deem fit and may direct.
(c)
Such a ballot may include an informal showing of hands but may also
include a formal secret ballot by means of a closed ballot.
(d) The National Executive Committee shall not authorise a strike of all
or part of its members before a ballot has been held and the result of
such a ballot has been verified by an independent external party
nominated by the National Executive Committee for such a purpose.
(e)
At the taking of such a ballot the authority to do so shall not discipline,
affect or terminate the membership of any member of the Trade Union
due to that member’s failure or refusal to participate in a strike if no
ballot was held or a ballot was held but a simple majority of members
who voted, voted against a strike.
SECTION 27
AFFILIATION
(a)
The Professional Educators’ Union may affiliate on a resolution of
Conference to a national teachers’ organization or any trade union which
may advance the aims and objects of the Trade Union on a federal basis,
while maintaining its inherent right to sovereignty in the conduct of its
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own affairs and further maintaining its total independence from any other
association/trade union.
SECTION 28
ORDER OF PRECEDENCE AT FUNCTIONS
(a)
The President
(b) Office-bearers of the Trade Union
(c)
Members of the General Executive Council and other committees
(d) Members of Provincial Executive Committees
(e)
Members of District Executive Committees
(f)
Members of Branch Executive Committees
(g) All other members of the Trade Union
SECTION 29
STANDING ORDERS
The following Standing Orders shall be read and used at all meetings of the
Professional Educators’ Union :
(a)
The order of business shall be as far as possible as on the printed
agenda.
(b) Amendments to motions shall be sent 30 (thirty) days before Conference
to the office of the General Secretary.
(c)
When an amendment is moved and seconded, no further amendment shall
be considered until the first is disposed of. If the amendment is carried, it
shall become the substantive motion to which an amendment may be
moved.
(d) No member shall speak more than once on any proposition except the
proposer of the motion who shall have the right to reply. The Chairperson
may impose the time limit, if necessary.
(e)
Any discussion may be closed by the motion, that the question be put,
being moved and seconded and carried. The motion shall be put to the
meeting without debate, but no speech shall be interrupted for this
purpose.
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(f)
Voting shall be by show of hands, and no division shall be taken by
Conference unless the result of the vote is challenged by at least 3 (three)
Districts. The Chairperson shall have the power to decide which question
should be decided by ballot.
(g) The decision of the Chairperson shall be final.
SECTION 30
DISSOLUTION OF THE TRADE UNION
(a)
The Trade Union may be dissolved if at least two-thirds of the members
who are present and voting at a general meeting of members convened for
the purpose of considering such matter, are in favour of dissolution. Not
less than 21 (twenty-one) days notice shall be given of such meeting
and the notice convening the meeting shall clearly state that the
question of dissolution of the Trade Union and disposal of its assets
will be considered. If there is no quorum at such a general meeting, the
meeting shall stand adjourned for not Less than 1 (one) week and the
members attending such adjourned meeting shall constitute a quorum.
(b)
If upon dissolution of a Trade Union, there remain any assets whatsoever
after the satisfaction of all its debts and liabilities, such assets shall not be
paid to or distributed among its members but shall be given to such other
organization(s), preferably having similar objects as the Trade Union, (
Fund Raising Act, 1978) , as may be decided on either by the members at
the general meeting at which it was decided to dissolve the Trade Union
or, in default of such decision, by the Director of Fund Raising.
SCHEDULE 1
1. PREAMBLE
The purpose of this document is to provide a framework for acceptable behaviour
of all members of PROFESSIONAL EDUCATORS UNION (PEU).
This code of professional conducts sets out minimum standards, norms and values of
PEU.
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2. PEU VALUES
PEU code of conduct embodies values that reflect commitment to Professionalism,
Honesty, Fairness, Reliability, Objectivity and Respect for Confidentiality.
PEU members are collectively and individually dedicated to:
-The achievement of objectives of educating and training learners.
-Reflect dedication and self-discipline in the discharge of our duties.
-Behaving in accordance with our values.
-Accept responsibility and accountability.
The document embodies guidelines set out in the following sections:
-Members conduct in relation to pupils and learners
-Members conduct in relation to authorities.
-Members conduct in relation to colleagues.
-Members conduct in relation to the profession
-Members conduct in relation to PEU.
3. MEMBERS’ CONDUCT IN RELATION TO LEARNERS
1. A member shall discharge his/her duties towards the learners in
accordance with he values of PEU
2. A member shall discharge duties towards the learners with responsibility,
self-discipline and exemplary conduct.
3. A member may not discriminate against any learner on the grounds of
race, colour, gender, age, sexual orientation, disability, ethnic or social
origin, religion, culture, language, conscience or belief.
4. A member shall treat learners with dignity and respect and shall be
considerate of learners’ individual circumstances.
5. A member shall ensure that the rights and dignity of all learners are
respected and protected.
6. A member may not divulge any information received in confidence about
a learner except when required by law to disclose such information.
7. A member shall avoid any form of humiliation, or abuse of a physical or
psychological in nature.
8. A member shall exercise his/her authority over learners with compassion.
9. A member shall recognise that learners are partners in education and
relationship between a member and learners is based on mutual trust and
respect, to this end a member may not:
9.1 Enter into an improper relationship with a learner,
9.2 Show undue bias towards a learner, or
9.3 Take advantage of his/her profession, position and benefit materially
from his/her engagement with learners.
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4. MEMBERS’ CONDUCT IN RELATION TO SCHOOL AUTHORITIES
1.
2.
3.
4.
5.
A member shall adhere to all terms and agreements concluded on the
member’s behalf by PEU governing the relationship between members
and their employer.
A member shall serve his/her employer to the best of his/her ability.
A member shall act responsibility in the discharge of his/her
professional, organisational and administrative duties.
A member shall refrain from discussing confidential and official matters
with unauthorized persons.
A member shall recognise the employer as a partner in education.
5. MEMBERS’ CONDUCT IN RELATION TO COLLEAGUES
1.
2.
3.
4.
5.
6.
A member shall refrain from undermining the status and authority of
other members and colleagues.
A member shall ensure that the rights and dignity of fellow members
and colleagues are respected and protected.
A member shall act in good faith and follow proper procedure in
addressing issues of profession incompetence or misbehaviour by a
member or colleague.
A member shall recognise the right to colleagues to organise themselves
and engage in a lawful protest against conditions of their employment.
A member have reason to believe that a colleague is acting in a manner
which might be harmful to the school, education or individual learners,
then a member shall have a duty to report such a harmful conduct.
A member shall treat colleagues with trust , respect, upholding human
dignity and ensuring fair treatment and equal opportunity.
6. MEMBERS’ CONDUCT IN RELATION TO THE PROFESSION
1.
A member shall always act in a manner which maintains and enhances
the status and dignity of the profession.
2. A member shall endeavour to consistently honour the legal and moral
obligations of the profession.
3. A member shall not engage in any activity which adversely affects the
quality and reputation of the profession.
7. MEMBERS’ CONDUCT IN RELATION TO PEU
1.
2.
3.
4.
5.
A member shall at all times uphold and promote the constitution and
values of PEU.
A member may not engage in any activity that adversely affects the
interest of PEU.
A member may not make any representation on behalf of PEU without
due authorisation by any authorised official or the constitution of PEU.
A member may not act in any manner that brings PEU into disrepute.
A member shall respect the confidential nature of information obtained
exclusively by virtue of his/her membership of PEU
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6. A member may not use the property of PEU to his/her own benefit
without prior approval by any authorised official of PEU.
8. Deleted and replaced by Schedule 2.
SCHEDULE 2
DISCIPLINARY PROCEDURE
1. It must prescribe how disciplinary procedure is to be used and how disciplinary
proceedings are to be conducted.
2. The objective is to ensure that there is a formal, just and fair procedure and that a
member is presumed innocent until proven guilty and that a member is allowed an
opportunity to defend himself or herself and finally that a member has the right to
appeal.
3. This schedule shall take precedence over any sections of the constitution that
contradict its purport and its spirit of justice.
4. Starting the Disciplinary Procedure
Disciplinary procedure may be instituted:
(a) Only for violations of the union’s Constitution, the PEU’s Code of Conduct, all
resolutions of the union made in terms of the Constitution, all policies made and
adopted in terms of the Constitution;
(b) By any organ of the union at Branch, District, Provincial and National level,
however the NEC shall have the right to direct that the proceedings should take
place at a higher level than where the violation was committed.
(c) By the Disciplinary Committee which can hear and decide cases referred to it by
the Branch, District, Province or National Executive Committee, provided that the
National Disciplinary Committee shall institute and hear cases of a serious nature.
5. Conducting Disciplinary Proceedings
(a) A charge must be made within a reasonable time of the violation,
(b) The charge must
(i)
Be in writing
(ii)
Set out the alleged violation in reasonable detail and the information
forming the reason for the charge by identifying
(aa) the provision of the Constitution, rule, section of the Code of
Conduct or resolution violated,
(bb) The offence or offences committed by the violation or violations, and
(cc) Inform the charged member of his right to be represented by a
member of the union in good standing, to have an interpreter
present, to adduce evidence and call witnesses in his defense, to
cross-examine the union’s witnesses,
(dd) identify the date, time and place of the disciplinary proceedings.
(iii)
Must be delivered to the charged member fourteen (14) days before the
disciplinary hearing.
(c) The matter must be dealt with and concluded within forty five days after the
service of the charge.
(d)
6. The Chairperson of the Disciplinary committee must ensure that;
The proceedings are held in a fair and just manner and
(i)
That order is maintained throughout
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(ii)
(iii)
(iv)
(v)
(vi)
That the charged person is informed of his or her rights and asked to plead
guilty or not guilty to the charge,
The initiator/presenter of the charge details the charged member’s alleged
violation
He or she provides the charged member with written reasons for the
finding within seven (7) of the conclusion of the proceedings.
the ruling is based on facts as presented in evidence by both sides.
The Disciplinary committee decides on the sanction/penalty. The
following shall be the penalties/sanctions
(aa) Warning
(bb) Fine
(cc) Suspension
(dd) Expulsion
7. The decision of the Disciplinary Committee shall be effected immediately unless
the affected member lodges an appeal. As soon as an appeal is lodged, the decision
and the sanction are suspended pending the outcome of the appeal.
8. APPEAL
(a) An appeal may be lodged by the person against whom a finding has been made or
a penalty imposed by the Disciplinary Committee.
(b) An appeal must be held by the next higher level unless the initial hearing was
heard by the National Disciplinary Committee in which case the GEC shall set up a
special committee to hear the appeal.
9. APPEAL PROCEDURE
(a) The appeal must be made within fourteen days of the charged person being
informed of the ruling and penalty/sanction.
(b) It must be in writing
(c) The appellant must set out the reasons for the appeal in reasonable detail and
(d) Set out the grounds for the appeal in reasonable detail.
(e) Except in exceptional circumstances no new evidence may be presented or
considered at the appeal.
(f) The appellant must be advised within twenty one days of the outcome of the
appeal.
(g) An appeal may result in the original ruling being confirmed, varied or set aside, the
penalty being confirmed, varied or set aside.
(h) Appeal to the next level shall need permission of the next higher level and shall
follow the above procedure.
(i) The Decision of the Special Appeal Committee shall be effective immediately
unless the affected person lodges an appeal.
10. DISCIPLINARY COMMITTEE
The National Disciplinary Committee (NDC) shall consist of three
people appointed by the NEC. One of them shall be the chairman
whose duties amongst others shall be to preside over the hearing
and rule over matters of procedure as well as to pronounce a
verdict/finding. The Disciplinary committees at the lower structures
shall follow the structure of the NDC.
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