Union Constitution

1.1 Name

The organization shall be known as the Azania Securities & Workers Trade Union (ASWTU), hereinafter referred to as 'the Union'.

1.2 Scope

The Union shall represent workers in the following sectors: security officers and guards, private security industry employees, contract security workers, logistics and protection services personnel, and related security industry workers.

2.3 Subscriptions

2.4 Discipline of Members

3.1 Executive Council

The management of the affairs of the trade union between national congress shall vested in the executive council consisting of the president, deputy president and 12 other members of the council who shall be elected ballot paper of the trade union at national congress and who shall hold office for five [5] years and there after until the next election and there they shall eligible for re-election On termination of their period office.

• On registering a member of the executive council and by giving one month notice.
• On absent himself/herself without the permission of executive council for 3 consecutive meetings of the council.
• On resigning, supervisor or expulsion from membership of the union.

3.2 Executive Council Meeting

• The executive council shall meet at least once after every 4 months on a date fixed by the president. Special meeting of the executive council shall be called by the president whenever he/she deems advisable or upon a requisition signed by not less that 10 members of the council.
• If between meetings of the executive council any question arises which is extreme urgent and can be answered by a plain Yes or No, the president may authorise a vote of member of the council to taken by the port.
• The quorum for the meetings of the executive council shall be 12 months if within 30 minutes of the time fired for any meeting a quorum is not present, the meeting shall stead adjourned to the same day in the week.
• Members of the executive council shall be notified in writing of the time and place of meeting by the general secretary at least 10 days the date of such meetings.
• No motion shall be considered unless seconded. All the matters forming the subjects of motion shall be voted upon by show of hands and shall be decide by the votes of majority of those present.

3.3 Meetings – Branches

• Notice of every general meetings detail the agenda that particular meeting shall be forwarded to the members in writing by branch secretary not less than 10 days before the date of such green meetings.
• The annual general meetings each branch shall be held in May of each year or as soon as possible thereafter but not later than the month of July on each year.
• The general meetings of members of each branch shall ordinary be held at least once every 7th month on the date fixed by the chairperson.
• The quorum of the meeting shall be comprised of 40% of the members of the branch and for the meeting of the branch executive committee 12 members of the committee will constitute a quarrel.
• All members of the subject of notice shall unless otherwise provide when be voted by the majority of those present except in a care of election.
• Each branch executive committee shall ordinary meet at once every month on the date fixed by the chairperson.
• At every general meeting of the host procedure general meeting shall be read by the branch secretary and signed by the president officer after confirmation.
• Copies of minutes for branches meetings and branch executive committee meeting shall be submitted to the executive immediately after confirmation.
• The proceedings of any meeting shall not be invalidated dates by the reason of the new receipt by any member for the notice of meetings.
• No member shall be allowed to speak longer than 7 minutes on any matter whether the majority of those present access.

3.4 Removal of Shop-Stewards and Office Bearers from Office

Removal of members who hold office, any shop-stewards or any member holding any probation in the union shall no longer hold that position if:

• They fail to attend three consecutive meeting of the council and / or committee which elected that person without sending a written reason.
• Fails to be in good standby with the union.
• If they resign
• If the union suspend or expel them.
• They are able to perform their duties.

4.1 The Duties of Office Bearers

4.2 Official

4.3 Regional Structure

4.4 National Congress

• The national congress is the highest controlling body of the union.
• The congress will meet once in every five years at the place and on the date suggested by the national executive committee shall be held in constitution with the provincial executive committee.
• Delegate with voting rights shall elected by ballot of the members of each branch. The branch executive committee shall decided which individuals would exercise the voting nights.
• Resolutions from the branches shall be sent to the general secretary national and shall be reach of his/her office not less than a month prior to the National Congress.
• The member of votes which each branch may exercise, shall be a function of the number of members in a particular delegations branches relative to the trade union's total membership.
• Business of the national congress shall be: To amend the constitution and adopt other policies of the union, To elect and approve the nomination of office bearers, Financial and auditors reports will be serenities during the congress.
• The special national congress shall be covered whenever the executive council requests one, or whenever at least 8 branch or 50 members request so in writing.
• The quorum at the national congress shall be formed or least on behalf of the delegates elected to represent the trade union members as the national congress.
• In absent of the president his/her deputy shall preside over the proceeding at the national congress. Voting on resolutions shall be by showing of hand unless the national congress decided otherwise.

5.1 General – A Ballot must be taken:

• When it is compulsory in terms of his constitution
• If demanded by the national congress central committee or general meeting.

5.2 Ballot Proceedings

• The relevant committee / meetings appoints at least to scrutinise who may be members of the union, employees of ASTU and who supervise the ballot being counted.
• Each voter shall in the pressure of a scrutinise be issued with a ballot paper while clearly described the issue and make it impossible to identify the voter.
• The voter makes his/her mark in secret and deposit in ballot paper in a ballot box.
• On completion of the ballot or as soon as possible there after the scrutineers counts the voter, if there is an election the candidates can watch the counting of the votes.
• The scrutineer informs the chairperson of the results and the chairperson informs the meeting or committee.
• Any ballot for all elected position or national or regional level shall be conducted by an independent electoral body appointed by other of regional executive committee at regional level or the central committee or national level.
• For regional – the regional secretary must keep local and regional ballots paper. For national – The general secretary must keep national ballots. The ballots must be kept for 5 years.

6.1 General Use of Union Funds

Union funds may only use for the following:

• The administration of the union affair.
• The accusation of property.
• The implementation of the union policies
• Any other lawful purpose agreed to by the central committee, NEC or the National Congress

6.2 National Bank Account

• All monies payable to the union including subscription, levies, fine and any other payments must be paid to the General Secretary or any other person authorised by the central committee.
• The general factory or other authorised person must deposit all payments within seven days or receipt into the account in the name of the union at a bank decided on by the central committee.
• The bank account shall be called 'National Union of Azanian Security and Workers Trade Union National Account'.

6.3 Budget Allocations to Head Office and the Regions

• The central committee shall form time to time determined by majority vote the size of budget allocations for the head office account and each regional account.
• These allocations shall provide for all expenses which include cash expensess. The National Executive Committee must authorise petty cash cheque drawn for more than R100.00 for head office or general office expenses.
• The REC approves the regional financial statement and sends the statements as well as vouchers, cheques, deposit slips and bank statement the head office.
• Monthly allocation to the head office and the regional shall be transferred on authorisation of two signatories to the head office and regional accounts responsively.

6.4 Regional Finance: Authorisation and Signatories

• The central committee divides on the allocation of funds to the region. The central committee sends the money to the regional secretary who will deposit the money within seven [7] days of receiving it.
• The regional executive council must approve payments to the regional office want to make.
• All cheque drawn on the regional executive committee account must be signed by any two [2] of the authorised signatories.

6.5 National Finance: Authorisation Signatories

• All cheques drawn on the national account must be signed by any two of the authorised signatories if a signatories is unable or unwilling to sign cheques the national executive committee may appoint another suitable signatories.
• An payments made by the head office of the union shall require the approval of the national executive committee.

6.6 Annual Audit

• The financial year end of the union is 31 December.
• All accounts of the union must be admitted annually by a person registered as an accountants and auditor under section 23 of the public accounts and auditor Act, No 51 of 1951.
• True copies of the consolidated audited account of the union and the auditors report shall be made available for security by members of the union at all offices of the union.
• The auditors report shall state whether the auditor has examined the books of the account and records of the union and is satisfied with the existence of the securities.

6.7 Imposition of Levy

The central committee may at any time improve a levy to rise funds union activities.

6.8 Indemnification of Unauthorised Expenditure

• If any members at a meeting of a council /committee or congress incur expenses which have not been authorised, then those members will be held jointly and severally liable for refunding the money to the union.
• Any members who protest against the expenditure and record their protest in the minutes of the meeting will not be liable for refunding the money.

6.9 Members Claims on Union Funds

A member who resign or expelled from the union shall have no claim whatsoever on the funds of the union.

7.1 Amendments Procedure

Provision in the constitution may be amends added or report at National congress:

• General secretary have received at least 60 days written notice of the propose amendments and
• at least 2/3 of members at National congress agrees

7.2 Legal Compliance

No changes or additions shall have any influence or effect with certified in terms of section 101 [3] of labour relations Act of 1995.

7.3 Liquidation

• The trade union shall be winding up if at a ballot was concluded in the manual prescribed in the constitution and not less two-three of the total number of members of the trade union vote in favour of a resolution that the organisation is wound up.
• If a resolution for the winding up of the trade union has been passed or if per any reason/s that trade union is unable to continue to function the following will provisioned shall apply.
• The last appointed president of the trade union, if he/she is not available the available member of the last appointed trade union shall without delays transmit to the labour count a statement signed by him/her.
• The liquidator appointed by the labour shall call upon the last appointed office bearers of the trade union to declare his/her the trade union books of accounting showing liabilities.