Union Constitution

1.1 Character of the Union

The Azania Securities and Workers Trade Union (ASWTU) shall be a democratic, worker-controlled organization committed to advancing the interests, rights, and welfare of security workers across South Africa.

1.2 Name

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

1.3 Definition

The Azania Securities and Workers Trade Union (ASWTU) is a democratic, worker-controlled organization representing security workers across South Africa. The Union is committed to advancing the interests, rights, and welfare of its members through collective bargaining, legal representation, and workplace advocacy.

1.4 Status of the Union / Legal Status

The Union is registered in terms of the Labour Relations Act 66 of 1995, as amended, and operates within the framework of South African labour law. The Union is affiliated with relevant federations and maintains compliance with all statutory requirements for trade union registration and operation.

1.5 Aim and Objective

The primary aim of the Union is to protect and advance the rights, interests, and welfare of security workers. The Union's objectives include: promoting fair wages and working conditions, ensuring workplace safety, providing legal representation, fostering collective bargaining, and advocating for the professional development of security workers.

1.6 Organisational Structure

The Union shall operate through a hierarchical structure including branches, regions, and a national executive council, all operating democratically and in accordance with this constitution.

2.1 Membership

Any person employed in the security industry who accepts the principles of this constitution and pays the prescribed membership fees shall be eligible for membership.

2.2 Rights and Obligations of Members

Members have the right to participate in union activities, vote in elections, and receive union benefits. Members are obligated to pay fees, adhere to the constitution, and support union objectives.

2.3 Termination of Membership

Membership may be terminated through resignation, expulsion, or non-payment of fees. Terminated members forfeit all rights and claims to union benefits.

2.4 Membership Fees (Subscriptions)

All members shall pay monthly subscription fees as determined by the executive council. Fees ensure members remain in good standing and eligible for union benefits.

2.5 Discipline of Members

3.1 Executive Council

The management of union affairs between national congress shall be vested in the executive council consisting of the president, deputy president and 12 other elected members who shall hold office for five years.

• Members may be removed for registering resignation with one month notice.
• Members may be removed for absenting themselves from 3 consecutive meetings without permission.
• Members may be removed upon resigning or expulsion from union membership.

3.2 Executive Council Meeting

• The executive council shall meet at least once every 4 months on a date fixed by the president.
• Special meetings may be called by the president or upon requisition by at least 10 members.
• Urgent questions may be decided by postal vote when necessary.
• Quorum is 12 members; meetings adjourn if quorum not present within 30 minutes.
• Members receive 10 days written notice of meetings.
• All motions must be seconded and decided by majority vote.

3.3 Meetings – Branches

• Branch secretaries must give 10 days written notice of general meetings including agenda.
• Annual general meetings held in May or as soon thereafter as possible, but no later than July.
• Ordinary general meetings held at least once every 7 months.
• Quorum is 40% of branch members for general meetings, 12 for executive committee.
• All matters decided by majority vote except elections.
• Executive committee meets monthly.
• Minutes read and confirmed at each meeting.
• Copies submitted to national executive immediately.
• Proceedings not invalidated by non-receipt of notice.
• No member may speak longer than 7 minutes on any matter.

3.4 Removal of Shop-Stewards and Office Bearers from Office

Members holding office, shop-stewards, or any union position shall no longer hold that position if:

• They fail to attend three consecutive meetings without written reasons.
• They fail to remain in good standing with the union.
• They resign.
• They are suspended or expelled.
• They are unable to perform their duties.

4.1 The Duties of Office Bearers

4.2 Officials

4.3 Regional Structures

4.4 National Congress

• Highest controlling body of the union
• Meets once every five years at NEC-determined time and place
• Delegates elected by branch ballot (voting rights proportional to membership)
• Resolutions submitted to general secretary at least one month prior
• Business includes constitutional amendments, policy adoption, officer elections, financial reports
• Special congress called by executive council or 8 branches/50 members
• Quorum is at least half of elected delegates
• President or deputy presides; voting by show of hands unless otherwise decided

5.1 General – A Ballot must be taken:

• When compulsory under this constitution
• If demanded by national congress, central committee or general meeting

5.2 Ballot Procedure

• Relevant committee appoints scrutineers (may be union members/employees)
• Voters issued ballot papers in presence of scrutineer (secret voting)
• Voters mark and deposit ballot papers in ballot box
• Scrutineers count votes immediately or as soon as possible after completion
• Candidates may observe counting in elections
• Scrutineer informs chairperson of results
• Chairperson informs meeting/committee
• Independent electoral body conducts national/regional elections
• Ballot papers kept for 5 years (regional by secretary, national by general secretary)

6.1 General Use of Union Funds

Union funds may only be used for the following:

• Administration of union affairs
• Acquisition of property
• Implementation of union policies
• Any other lawful purpose agreed by central committee, NEC or National Congress

6.2 National Bank Account

• All monies paid to General Secretary or authorized persons
• Deposited within 7 days of receipt
• Account named 'National Union of Azanian Security and Workers Trade Union National Account'

6.3 Budget Allocations to Head Office and Regions

• Central committee determines allocations by majority vote
• Allocations include all expenses; NEC authorizes petty cash over R100
• Regional executive approves statements and forwards to head office
• Monthly allocations transferred with two signatures

6.4 Regional Finance: Authorisation and Signatories

• Central committee allocates funds; sent to regional secretary
• Deposited within 7 days
• Regional executive approves payments
• All cheques signed by two authorized signatories

6.5 National Finance: Authorisation and Signatories

• Cheques signed by two authorized signatories (NEC may appoint replacements)
• All head office payments require NEC approval

6.6 Annual Audit

• Financial year ends 31 December
• Accounts audited annually by registered accountant/auditor
• Audited accounts available at all offices
• Auditor confirms examination of books and securities

6.7 Imposition of Levy

The central committee may impose levies at any time to raise funds for union activities.

6.8 Indemnification of Unauthorised Expenditure

• Members incurring unauthorized expenses jointly liable for refund
• Members protesting expenditure in minutes not liable

6.9 Members Claims on Union Funds

Resigned or expelled members have no claim on union funds.

7.1 Amendments Procedure

Constitutional provisions may be amended, added or repealed at National Congress:

• General Secretary receives at least 60 days written notice of proposed amendments
• At least 2/3 of National Congress members agree

7.2 Legal Compliance

No changes have effect unless certified under section 101(3) of Labour Relations Act 1995.

7.3 Liquidation

• Union winds up if ballot approves resolution by 2/3 majority
• If union cannot continue, last president transmits statement to labour court
• Liquidator calls for accounting books declaration

8.1 Duration

This constitution remains in force until legally amended or the union is dissolved.

9.1 Adoption

This constitution was adopted on the 4th of July, 2025 by the National Congress.

Constitution Signatories

This constitution is hereby signed by the following office bearers: