6. Structure

The structure of the union shall be as follows:

  • National Congress
  • Central Committee
  • National Executive Committee
  • Regional Biennial Conference
  • Regional Executive Committee
  • Branch Biennial Conference
  • Branch Executive committee
  • Shopsteward Committees

 

  1. NATIONAL CONGRESS

11.1     The supreme governing and decision-making body of the union shall be the National Congress.

11.2     The National Congress shall be composed of the following;

11.2.1  All members of the National Executive Committee and all officials of the union. 11.2.2 All members of the Regional Executive Committees

11.2.3 Delegates from Branches and Units of the union, each elected by their respective branches or units. The size of each delegation shall be determined according to the numerical strength of its branch or units, as indicated below:

 

Number of members at the branch Maximum number of delegates
per branch
under – 25 1 to 2
26-50 2to3
51-100 3to4

 

11.2.4  Additional two delegates in respect of each additional hundred (100) members of the branch.

11.2.5  A simple majority of all branches and units present and represented as per clauses 11.2.3 and 11.2.4 of this constitution shall constitute a quorum.

11.3     The National Congress shall be convened once every fifth calendar year. The National Executive Committee may decide to call for an Extraordinary Congress if it is convinced of the necessity of such a move.

11.4     Notice for the convention of the National Congress shall be conveyed by the General Secretary to the various Regional Executive Committees and Branch Executive Committees at least three months before the date of proposed convention.

11.5     With the exception of decisions referred to in clause 25 of this Constitution, all other decisions shall be taken by a simple majority vote. Every delegate who is a paid up member shall have one vote.

11.6     Proposed Congress Resolutions and proposed Constitutional Amendments from Regions and Branches shall be sent to the Regional Executive Committee and shall reach the regional offices not later than two months prior to the National Congress. After deliberating on the proposed resolutions and constitutional amendments the Regional Executive Committee shall cause the proposed resolution and amendments to be sent to the General Secretary and shall reach his office not later than one month prior to the National Congress. Copies of the proposed resolutions and amendments shall be distributed to all Regional Executive Committees and Branch Executive Committees via the regional officers and shall reach the offices of the various Regional Executive Committees and Branch Executive Committees not less than twenty – one (21) days prior to National Congress.

11.7     The business of the National Congress shall be: —

11.7.1         The nomination and election by decent secret ballot of national office bearers which are as follows:

  1. i) President
  2. ii) Vice President

iii) National Secretary

  1. iv) Vice National Secretary
  2. v) National Treasurer
  3. vi) Vice National Treasurer

vii) General Secretary

viii) Assistant General Secretary

11.7.2         The consideration of reports from the General Secretary and the National Treasurer, and other special reports;

11.7.3         The assessment of the union’s progress;

11.7.4         The formulation of union policy, and the issuing of directives to the National Executive Committee there on;

11.7.5         Amendments to the Constitution.

11.8     The President or, in his absence, the Vice President, or a person appointed in his absence by the National Executive Committee, shall preside over the proceedings of National Congress. Resolutions of National Congress shall be adopted by majority vote or voting delegates. Voting on a resolution shall be by show of hands unless National Congress decides otherwise, the President shall have a deliberative and a casting vote.

11.9     Candidates for the positions of office-bearers and officials on the National Executive Committee, shall be nominated and seconded by delegates to National Congress. Should there be only one candidate for a position, that candidate shall be regarded as having been duly elected to that position. Should there be two or more candidates a secret ballot of members shall be held and the candidate who receives the most votes shall have been duly elected. Should there be two or more candidates with equal votes, another ballot shall be held so that the candidate with the highest votes shall be regarded as duly elected.

11.10   An Extraordinary National Congress shall be called by the President whenever:

11.10.1       the Central Committee or the National Executive Committee requisitions one; 11.10.2 all Regional Executive Committees requisition one.

11.11          The requisition for an Extraordinary National Congress shall be sent to the General Secretary at Head Office and shall be accompanied by a statement setting out the reasons for such requisition. The General Secretary shall convey the requisition to the President as soon as possible.

11.12   Should reasons of urgency be given in the notice, the President may authorise         the calling of an Extraordinary Congress as soon as possible and by the best practical means.

 

  1. CENTRAL COMMITTEE

12.1     The Central Committee shall consist of all National, Regional and Branch Office bearers full – time shop stewards where applicable.

12.2     The functions of the Central Committee shall be to consider and decide upon policy issues of major importance in between National Congress.

12.3     A meeting of the Central Committee shall be convened by the President whenever:

12.3.1  The National Executive Committee requisitions one;

12.3.2  All Regional Executive Committees requisition one,

12.4     The requisition for a Central Committee meeting shall be sent to the General Secretary at Head Office and shall be accompanied by a statement setting out the reasons for such requisition.

12.5     The General Secretary shall convey the requisition to the President who shall determine the date and venue of the Central Committee meeting. The General Secretary shall notify the Regional Executive Committees and Branch Executive Committees accordingly via the Regional Executive Committees as soon as possible and by the best practical means.

12.6     The proceedings of the Central Committee meeting shall be presided over by the President, or in his absence, the Vice President or, in his absence a person appointed by the National Executive Committee.

12.7     Decisions and resolutions of the Central Committee shall be taken by a simple majority vote.

 

  1. NATIONAL EXECUTIVE COMMITTEE

13.1     The management of the affairs of the union shall be vested in the National Executive Committee consisting of the following persons:

(i)        President

(ii)       Vice President

(iii)      National Secretary

(iv)      Vice National Secretary

(v)       National Treasurer

(vi)      Vice National Treasurer

(vii)     General Secretary

(viii)    Assistant General Secretary

(ix)      The Chairperson and Secretaries of each Region

13.2     The National Executive Committee shall hold office until the election of the next National Executive Committee at National Congress. Members of the National Executive Committee shall be eligible for re-election on termination of their periods of office.

13.3     The National Executive Committee shall meet at least once quarterly.

13.4     The functions of the National Executive Committee shall be the following:

13.4.1         To execute Union policies, decisions and resolutions as determined by National Congress and the Central Committee;

13.4.2         To carry out the day-to-day running of the Union, including but not limited to issuing directives in regard to education, research, health, safety and environmental matters and to ensure compliance therewith;

13.4.3         To decide what employment post should be created, maintained or terminated for the effective running of the union;

13.4.4         To engage, determine employment terms and conditions of, and discharge any employee from the union;

13.4.5         To open, operate and close banking accounts on behalf of the union, and generally to control the funds and finances of the union;

13.4.6         To borrow or raise monies and funds, and to delegate union officials to do so on its behalf;

13.4.7         To invest monies and funds;

13.4.8         To allocate float amounts and other funds to the respective regions.

13.4.9         To institute on behalf of or defend legal proceedings against the union and its members; provided that in urgent circumstances the General Secretary may institute or defend such proceedings, which action can subsequently be ratified by the National Executive Committee;

13.4.10       To acquire by purchase, lease or otherwise any property and hold same on behalf of the union;

13.4.11       To sell, exchange, lease or mortgage any of its assets;

13.4.12       To appoint in Acting capacity, the President, Vice President, General Secretary, Assistant General Secretary, National Secretary, Vice National Secretary, National Treasurer, Vice National Treasurer respectively should they be unable to perform their functions. All the appointees, with the exception of the Acting General Secretary and the Acting Assistant General Secretary shall be union members.

13.4.13       To make, amend and repeal by laws, not consistent with this Constitution, to regulate union affairs, including but not limited to matters such as:

  1. a) election procedures;
  2. b) secret ballot procedures;
  3. c) inquiry procedures;
  4. d) meeting procedures;
  5. e) union discipline;
  6. f) the imposition of fines, forfeitures and special;
  7. g) the duties of office-bearers and officials.

13.5            The National Congress shall empower the National Executive Committee to carry out all relevant activities in order to carry out its functions.

 

  1. DUTIES OF OFFICE-BEARERS AND OFFICIALS

14.1     The President:

14.1.1         shall preside and maintain order at all meetings of the National Congress, the Central Committee and the National Executive Committee, and shall ensure the observance of the Constitution, and the standing rules and procedures.

14.1.2         shall, in conjunction with the National Executive Committee, take steps to ensure the carrying out, with as little delay as possible of all Union policies, decisions and resolutions passed by the National Congress, Central Committee or National Executive Committee.

 

 

14.6   National Treasurer:

The National Treasurer shall:

14.6.1      be assisted by the General Secretary in the keeping of proper books of account. Shall have the right to inspect all records relating to the finances and books of account of the union;

14.6.2      scrutinise all financial documents at least once in every month;

14.6.3      together with the General Secretary, submit statements of account referred to in clause 9 of this Constitution, to the National Congress;

14.6.4      immediately report to the National Executive Committee any irregularity in the financial affairs of the union which may come to his notice.

14.7     Vice National Treasurer

14.7.1      The Vice National Treasurer shall exercise the duties of the National Treasurer in the latters absence and shall assist the National Treasurer in the discharge of his duties.

14.8     National Secretary:

14.8.1       The National Secretary shall attend to all National Congress, Central Committee and National Executive Committee meetings and shall take proper minutes at these meetings.

14.9     Vice National Secretary:

14.9.1       The Vice National Secretary shall exercise the duties of the National Secretary in the latter’s absence and shall assist the National Treasurer in the discharge of his duties.

 

  1. REGIONAL STRUCTURES

The Region shall consist of the following organs:

  1. Regional Biennial Conference (RBC)
  2. Regional Executive Committee (REC).

15.1     Regional Biennial Conference

15.1.1  The Regional Executive Committee (REC) shall cause a Regional Biennial Conference to be convened in the Region on a biennial basis.

15.1.2  The Regional Biennial Conference shall consist of all Branches and Units in a Region.

15.1.3 All members of the Branch Executive Committees from each Branch in a Region shall attend the Regional Biennial Conference. Units shall be represented by three members at the Regional Biennial Conference.

15.1.4  At the Regional Biennial Conference the progress and activities of all Branches and Units in a Region shall be discussed and evaluated.

15.1.5  At the Regional Biennial Conference the delegates shall elect by secret ballot Regional office bearers composed of the following:

(i)        Regional Chairperson

(ii)       Regional Vice Chairperson

(iii)      Regional Secretary

(iv)      Regional Vice Secretary

(v)       Regional Treasurer

(vi)      Regional Vice Treasurer

15.1.6  The quorum for the Regional Biennial Conference shall be a simple majority of the authorised delegates at the Conference.

15.1.7  The Regional Chairperson shall preside at the Regional Biennial Conference.

15.1.8  All people serving on the Regional Executive Committee are eligible for re­election.

15.1.9  Decisions at the Regional Biennial Conference shall be taken by a simple majority vote.

15.1.10 The Regional Secretary shall take minutes of the proceedings of the Regional Biennial Conference.

15.1.11 An Extraordinary Regional Biennial Conference shall be called by the Regional Chairperson whenever:

15.1.11.1       the Regional Executive Committee requisition one;

15.1.11.2       the simple majority of Branch Executive Committees requisition one.

15.1.12 The requisition for an Extraordinary Regional Biennial Conference  shall be send to the Regional office and shall be accompanied by a statement setting out the reasons for such requisition. The Regional Organiser shall convey the requisition to the Regional Chairperson as soon as possible and by the best practical means.

15.1.13 Should reasons of urgency be given in the notice, the Regional Chairperson may authorise the calling of an Extraordinary Regional Biennial Conference as soon as possible and by the best practical means.

15.2     Regional Executive Committee:

15.2.1    The Regional Executive Committee shall be compose as per clause

15.1.5    of this Constitution, plus the Chairpersons and Secretaries from each Branch and one (1) delegate from each Unit in the Region.

15.2.2    The Regional Executive Committee shall meet at least once every two (2) months.

15.2.3    The functions of the Regional Executive Committee shall be the following:

15.2.3.1      To organise and co-ordinate union activities/events within the region.

15.2.3.2      to identify and evaluate Regional problems

15.2.3.3      to assist and advise Branches and Units on domestic problems.

15.2.3.4      to do all such lawful things as, in the opinion of the Regional Executive Committee, appear to be in the interest of the union and which are not in conflict with the decisions and policy of the National Congress. The Central Committee and the National Executive Committee nor inconsistent with the provisions of this Constitution or its by-laws

15.2.4    The Regional Chairperson and Regional Secretary or in their absence their deputies, shall attend National Executive Committee meetings, on a quarterly basis to discuss and report on Regional activities and progress.

15.2.5    The Chairperson shall have a deliberative and casting vote.

15.2.6    The Regional Chairperson shall visit all the branches/units in his/her respective regions at least once a year.

15.3     Duties of the Regional Office-bearers

15.3.1         Regional Chairperson

15.3.1.1    The Regional Chairperson shall convene, preside and maintain order at the Regional Executive Committee meetings and Regional Biannual Conferences;

15.3.1.2    The Regional Chairperson shall take overall charge of the activities of the union in the region;

15.3.1.3    He or she shall be accountable to the Regional Executive Committee;

15.3.1.4    The Regional Chairperson or in his/her absence the Vice Regional Chairperson, shall attend National Executive Committee meetings, on a quarterly basis to discuss and report on regional activities and progress;

15.3.1.5    He or she shall be co-signatory to cheques at regional level.

15.3.2         Regional Vice Chairperson:

15.3.2.1    The Regional Vice Chairperson shall exercise the powers and perform the duties of the Regional Chairperson in the latter’s absence and shall assist the Regional Chairperson in the discharge of his/her duties.

15.3.3         Regional Secretary

15.3.3.1    The Regional Secretary shall maintain a register of the union’s membership in the Region;

15.3.3.2    He or she shall be in constant contact with all the Branch Executive Committees;

15.3.3.3    He or she shall take an, keep the minutes of the meetings of the Regional Executive Committee and record all business thereof;

15.3.3.4    He or she shall be co-signatory to cheques at the regional level;

15.3.3.5    He or she shall be accountable to the Regional Executive Committee.

15.3.4         Regional Vice Secretary

15.3.4.1    The Regional Vice Secretary shall exercise the powers and perform the duties of the Regional Secretary in the latter’s absence and shall assist the Regional Secretary in the discharge of his/her duties.

15.3.5         Regional Treasurer:

15.3.5.1    The Regional Treasurer shall be assisted by the Regional Organisers in the keeping of proper books of account. He or she shall have the right to inspect all records relating to the union finances and books of account of the region;

15.3.5.2    The Regional Treasurer shall scrutinise all financial documents at least once in every month;

15.3.5.3    The Regional Treasurer shall with the assistance of the Regional Organiser, submit statements of accounts to the Regional Biennial Conference, and National Executive Committee;

15.3.5.4    The Regional Treasurer shall immediately report to the Regional Executive Committee any irregularities in the financial affairs of the union which may come to his/her notice.

15.3.5.5    The Regional Treasurer shall be co-signatory to cheques at the regional level;

15.3.5.6    The Regional Treasurer shall be accountable to the Regional Executive Committee.

15.3.6         Regional Vice Treasurer:

15.3.6.1    The Regional Vice Treasurer shall exercise the powers and perform the duties of the Regional Treasurer in the latter’s absence and shall assist the Regional Treasurer in the discharge of his/her duties.

 

  1. BRANCH STRUCTURES

16.1     Branch Biennial Conference

16.1.1  The Branch Executive Committee shall cause a Branch Biennial Conference to be convened in their Branch on a biennial basis.

16.1.2  At such Conference the members in good standing present shall elect by secret ballot Branch office bearers compose of the following:

(i)        Branch Chairperson

(ii)       Branch Vice Chairperson

(iii)      Branch Secretary

(iv)      Branch Vice Secretary

(v)       Branch Treasurer

(vi)      Branch Vice Treasurer

(vii)     Branch Secretary for Information and Publicity

(viii)    Branch Vice Secretary for Information and Publicity.

16.1.3  The Branch Chairperson shall preside and maintain order at the Branch Biennial Conference.

16.1.4  All persons serving on the Branch Executive Committee are eligible for re­election.

16.1.5  Decisions of the Branch Biennial Conference shall be taken by a simple majority vote.

16.1.6  The Branch Secretary shall take minute of the Branch Biennial Conference.

16.1.7  The Branch Biennial Conference shall receive and consider the Branch Biennial Report and financial statement of the union at Branch level.

16.1.8  The Branch Biennial Conference shall propose draft resolutions to be submitted to the National Congress.

16.1.9  The Branch Biennial Conference shall hear cases of appeal in respect of rejected applications for membership by the Branch Executive Committee.

16.1.10 Quorum for the Branch Biennial Conference:

16.1.10.1 The quorum for the Branch Biennial Conference shall comprise of 50% plus one member of the general membership of the Branch.

16.1.10.2 If after one hour of such proposed meeting a quorum cannot be constituted at the intended Conference then the said Conferences shall be reconvened within seven days of the postponement, unless otherwise decided by the Branch Executive Committee.

16.1.10.3 If at the second meeting the quorum cannot be constituted, the meeting shall again be postponed and shall be reconvened within seven days of the second postponement, and unless otherwise decided by the Branch Executive Committee.

16.1.10.4 If the above requirements cannot be met at the third meeting then the members present (at the third meeting) shall constitute a quorum.

16.1.10.5 In case where a branch is having more than 10 members, a quorum for the Branch Biennial Conference shall comprise of delegates nominated by members in their constituency.

16.1.11 The requisition for an Extraordinary Conference shall be called by the Branch Chairperson whenever:

16.1.11.1  the Branch Executive Committee requisition one;

16.1.11.2 the simple majority of Shopsteward Committees requisition one.

16.1.12     The requisition for an Extraordinary Branch Conference shall be sent to the Branch Secretary at Branch Office and shall be accompanied by a statement setting out the reasons for such requisition. The Branch Secretary shall convey the requisition to the Branch Chairperson as soon as possible.

16.1.13     Should reasons of urgency be given in the notice, the Branch Chairperson may authorise the calling of an Extraordinary Branch Conference as soon as possible and by the best practical means.

16.2     Branch Executive Committee

16.2.1  A Branch of the union shall be established at any mine or other undertaking, enterprise, service or operation in the mining and energy industries provided there is a minimum of eleven (11) members at such mine or other establishment.

 

At any mine, enterprise, service or other undertaking in the mining and energy industries where the union has ten (10) members, or less such members shall constitute a Unit.

 

For National Congress purposes any two Units shall constitute a Branch in accordance with the necessary guidance to be provided by the National Executive Committee. The National Executive Committee shall conduct the incorporation of any Unit into the union structure.

16.2.2  A Branch Executive Committee shall consist of:

  1. i) Branch Chairperson
  2. ii) Branch Vice Chairperson

iii)       Branch Secretary

  1. iv) Branch Vice Secretary
  2. v) Branch Treasurer
  3. vi) Branch Vice Treasurer

vii)      Branch Secretary for Information and Publicity.

viii)     Branch Vice Secretary for Information and Publicity.

  1. ix) Full-time Shopstewards (where applicable)
  2. x) Chairpersons and Secretaries of each Shopstewards Committee

16.2.3 The Branch Executive Committee shall supervise the conduct of union affairs at Branch level. The Branch Executive Committee shall not resolve to do anything which is inconsistent with the decisions or policy of the National Congress, Central Committee or National Executive Committee, Regional Executive Committee of its region or with the provisions of this Constitution and its by­laws.

16.2.4 The Branch Executive Committee shall meet at lease once every month. A simple majority of Committee members shall constitute a quorum. Decisions shall be taken by simple majority vote and the Branch Chairman shall have a deliberative and a casting vote. Minutes shall be kept by the Branch Secretary.

16.2.5 Branch general meetings shall be held at least once every month and a Branch Biennial Conference shall be held once every second calendar year to elect a Branch Executive Committee. Decisions at Branch general meetings and at the Branch Biennial Conference shall be taken by simple majority vote. Minutes shall be kept by the Branch Secretary.

16.2.6 Candidates for the positions of office-bearers on the Branch Executive Committee shall be nominated and seconded by delegates at the Branch Biennial Conference. Should there be only one candidate for a position, that candidate shall be regarded as having been duly elected to that position. Should there be more than one candidate a secret ballot of members shall be held and the candidate receiving the most votes shall have been duly elected.

16.2.7  The functions of the Branch Executive Committee shall be the following:

16.2.7.1           to manage the affairs of the union at the Branch level;

16.2.7.2           to ensure that proper communication takes place between Shopsteward Committees and the Branch Executive Committee;

16.2.7.3           to deal with labour disputes at Branch level;

16.2.7.4           to deal with members’s grievances so as to protect their job security and employment prospects and generally to promote the interest of the members;

16.2.7.5           to do all such things as in opinion of the Branch Executive Committee shall be in the interests of the union and its members and which are not in conflict with the decisions of the Regional Executive Committee of its region, National Executive Committee, the Central Committee, the National Congress, or the union’s aims and objectives as set out in clause 6 of this Constitution.

16.3     Duties of the Branch Executive Office-bearers:

16.3.1  Branch Chairperson

16.3.1.1           The Branch Chairperson shall convene, preside and maintain order at the Branch Executive Committee meetings and Branch Biannual Conferences;

16.3.1.2           The Branch Chairperson shall take overall charge of the activities of the union at his/her branch;

16.3.1.3           He or she shall be accountable to the Branch Executive Committee;

16.3.1.4           The Branch Chairperson or in his absence the Vice Branch Chairperson, shall attend Regional Executive Committee meetings, on a two (bi) monthly basis to discuss and report on Branch activities and progress;

16.3.1.5           He or she shall be co-signatory to cheques at Branch level.

16.3.2  Branch Vice Chairperson

16.3.2.1           The Branch Vice Chairperson shall exercise the powers and perform the duties of the Branch Chairperson in the latter’s absence and shall assist the Branch Chairperson in the discharge of his/her duties.

16.3.3  Branch Secretary

16.3.3.1           The Branch Secretary shall maintain a register of the union’s membership in the Region;

16.3.3.2           He or she shall be in constant contact with all the Branch Executive Committees;

16.3.3.3           He or she shall take and, keep the minutes of the meetings of the Regional Executive Committee and record all business thereof;

16.3.3.4           He or she shall be co-signatory to cheques at the Branch level;

16.3.4  Branch Vice Secretary

16.3.4.1            The Branch Vice Secretary shall exercise the powers and perform the duties of the Branch Secretary in the latter’s absence and shall assist the Branch Secretary in the discharge of his/her duties

16.3.5  Branch Treasurer

16.3.5.1           He or she shall keep proper books of account and shall have the right to inspect all records relating to the union finances and books of account of the branch;

16.3.5.2           He or she shall scrutinise all financial documents at least once in every month;

16.3.5.3           He or she shall submit statements of accounts to the Branch Executive Committee and Branch Biennial Conference;

16.3.5.4           He or she shall immediately report to the Branch Executive Committee any irregularities in the financial affairs of the union which may come to his/her notice;

16.3.5.5           He or she shall be co-signatory to all cheques at the Branch level;

16.3.5.6           He or she shall be accountable to the Branch Executive Committee (BEC).

16.3.5.7           He or she shall assume responsibility for union properties, assets and finances at the Branch level.

16.3.6  Branch Vice Treasurer

16.3.6.1           The Branch Vice Treasurer shall exercise the powers and perform the duties of the Branch Treasurer in the latter’s absence and shall assist the Branch Treasurer in the discharge of his/her duties.

16.3.7  Branch Secretary of Information and Publicity

16.3.7.1           In consultation with the Branch Chairperson, the Branch Secretary of Information and Publicity shall communicate with news media on union’s activities and issues of concern to the Mineworkers’ Union of Namibia (MUN) at Branch level;

16.3.7.2           He or she shall keep the General Secretary informed of all his /her communication with the news media and shall be responsible for the gathering, analysing, publishing and disseminating of information on union activities at Branch level;

16.3.7.3           He or she shall propagate, explain and defend the union policies and programmes;

16.3.8  Branch Vice Secretary of Information and Publicity

16.3.8.1           The Branch Vice Secretary of Information and Publicity shall exercise the powers and perform the duties of the Branch Secretary of Information and Publicity in the latter’s absence and shall assist the Branch Secretary of Information and Publicity in the discharge of his/her duties.

 

  1. SHOPSTEWARD COMMITTEES

17.1     At every mine shaft or working area where the union has a minimum of ten (10) members, a Shopsteward Committee shall be elected.

17.2     A Shopsteward Committee shall consist of not less than four (4) shopstewards representing the various work sections in which the union has members at that particular shaft or work area. The Shop Steward Committee shall meet at least once a month.

17.3     The Shop Steward Committee shall be elected from amongst all the shopstewards at the shaft or working area, at a shopsteward’s meeting. Shopsteward Committee elections shall be held once every two years and Shopsteward Committee members shall hold office until the next elections, whereupon they shall be eligible for re-election.

17.4     The functions of the Shopsteward Committee shall be the following:

17.4.1  to conduct the affairs of the union in relation to members at shaft level;

17.4.2 to receive an attend to complaints affecting members concerning their employment and where necessary to report such complaints to the Branch Executive Committee;

17.4.3  to report any contravention of statute or improper employment practice to the Branch Executive Committee.

17.5     Where members are employed in appropriate units are determined by a Branch Executive Committee other than shafts, the Branch Executive Committee may resolve to establish a Committee which shall be the equivalent of a Shopsteward Committee. The provisions of clauses 16.1 to 16.3 shall apply to such Committee mutatis mutandis.

 

  1. ELECTION OF SHOPSTEWARDS

18.1     The union members in good standing in each shop or other appropriate unit shall elect by secret ballot shopstewards amongst themselves who shall hold office for the period of Two years, where upon they shall be eligible for re-election.

18.2     The Branch Executive Committee shall regulate the election of such Shopstewards.

 

  1. EDUCATIONAL STRUCTURES

19.1     The National Education Sub-Committee (NESCO)

19.1.1  A National Education Sub-Committee shall be established by the NEC.

19.1.2  The duties of the NESCO shall be to run and co-ordinate the union education and training activities according to the directives of NEC.

19.1.3  NESCO shall determine trade union education and training needs and make recommendations to the NEC for approval.

19.1.4  The NESCO shall elect a Chairperson and Secretary and theirvices.

19.1.5 All the Regional Education Co-ordinators, Chairpersons and Secretaries of each RESCO and the National Education and Research Co-ordinator shall constitute the National Education Sub-Committee.

19.2     The National Education and Research Co-ordinator

19.2.1  The NEC shall appoint a National Education and Research Co-ordinator.

19.2.2 The duties of the National Education and Research Co-ordinator shall be to co­ordinate the overall union educational and research activities in accordance with directives of the NEC and NESCO, and to attend all NESCO meetings .i.e

19.2.2.1           to assess education and training needs of members;

19.2.2.2           to design and implement educa-tional and training programmes;

19.2.2.3           to follow-up and evaluate educa-tional and training programmes conducted;

19.2.2.4           to conduct educational and training intervention and to make recommendations to the NESCO for ratification by NEC.

19.2.3             The National Education and Research Co-ordinator shall attend all NEC meetings to report on and discuss educational and training activities of the union.

19.3     The Regional Education Sub-Committee (RESCO)

19.3.1  A Regional Education Sub-Committee (RESCO) shall be established by the REC at each Region.

19.3.2  The duties of the RESCo shall be to run and co-ordinate union educational and training activities according to the directives of the REC.

19.3.3  The RESCO shall elect a Chairperson and Secretary and their vices.

19.3.4 All the Branch Education Co-ordinators and the Regional Education Co­ordinators in a Region shall constitute a Regional Education Sub-Committee (RESCO).

19.4     The Regional Education Co-ordinator

19.4.1  The REC at each Region shall appoint a Regional Education Co-ordinator.

19.4.2 The duties of the Regional Education Co-ordinator shall be to co-ordinate the union educational activities in a Region in accordance with the directives of the REC and the RESCO, and to attend all NESCO meetings. i.e

19.4.2.1           to assess education and training needs of members;

19.4.2.2           to design and implement educational and training programmes;

19.4.2.3           to follow-up and evaluate educational and training programmes conducted;

19.4.2.4           to conduct educational and training interventions and to make recommendations to the RESCO for ratification by REC.

19.4.2.5           The regional education coordinator shall attend all REC meetings to report on and discuss education and training of the Union in the region.

19.5     The Branch Education Sub-Committee (BESCO)

19.5.1  A Branch Education Sub-Committee shall be established at each branch by the BEC.

19.5.2  The duties of the BESCO shall be to run and co-ordinate the Branch educational and training activities according to the directives of the BEC.

19.5.3  The BESCO shall elect a Chairperson and Secretary and their vices.

19.5.4 Secretaries of the Shopsteward Committee at each branch and the Branch Education Co-ordinator shall constitute the Branch Education Sub-Committee (BESCO)

19.6     The Branch Education Co-ordinator

19.6.1  The BEC at each branch shall appoint a Branch Education Co-ordinator.

19.6.2  The Branch Education Co-ordinator shall co-ordinate branch education and training activities i.e

19.6.2.1           to assess educational and training needs of members.

19.6.2.2           to design and implement educational and training programmes.

19.6.2.3           to follow-up and evaluate educational and training programmes conducted.

19.6.2.4           to conduct educational and training interventions and to make recommendations to the BESCO for ratification by BEC.

19.6.3 The Branch Education Co-ordinator shall attend all Branch Executive Committee meetings to report on and discuss branch education and training matters.

 

  1. OCCUPATIONAL HEALTH AND SAFETY STRUCTURES

 

20.1     The National Occupational Health and Safety Sub-Committee (NOHSS

20.1.1  A National Occupational Health and Safety and Environmental Sub-Committee shall be established by the NEC.

20.1.2 The duties of the NOHSSCO shall be to run and co-ordinate the Union occupational health and Safety activities according to the directives of the NEC.

20.1.3  NOHSSCO shall determine Occupational Health and Safety requirements and make recommendations to the NEC for approval.

20.1.4  The NOHSSCO shall elect a Chairperson, Secretary and their vices.

20.1.5 All the Regional Occupational and Safety Co-ordinators, Chairpersons and Secretaries of each ROHSSCO and the National Occupational Health and Safety Co-ordinator shall constitute the National occupational Health and Safety Sub-Committee.

20.2     The National Occupational Health and Safety Co-ordinator

20.2.1  The NEC shall appoint a National Occupational Health and Safety Co­ordinator.

20.2.2 The duties of the National Occupational Health and Safety co-ordinator shall be to co-ordinate the overall Occupational Health and Safety activities, in accordance with directives of the NEC and NOHSSCO, and to attend all NOHSSCO meetings, Le

20.2.2.1           to participate in the negotiations of Occupational Health and Safety agreements;

20.2.2.2           to educate and concientise the mine and energy workers on all aspects of occupational health and safety at national level;

20.2.2.3           to monitor the implementation of occupational health and safety programmes including AIDS awareness;

20.2.2.4           to educate and concientise the members in all aspects of occupational health and safety in the region.

20.2.3 The National Occupational Health and Safety Co-ordinator shall attend NEC meetings to report on and discuss occupational health and safety activities of the union.

20.3     The Regional Occupational Health and Safety Sub-Committee (ROHSSCO)

20.3.1  A Regional Occupational Health and Safety Sub-Committee (ROHSSCO) shall be established by the REC at each Region.

20.3.2 The duties of the ROHSSCO shall be to run and co-ordinates the occupational health and safety activities in the region in accordance with the directives of the REC.

20.3.3  The ROHSSCO shall elect a Chairperson and Secretary and their vices.

20.3.4 All the Branch Occupational Health and Safety Co-ordinators and the Regional Occupational Health and Safety Co-ordinator in the region shall constitute a Regional Occupational Health and Safety Sub-Committee (ROHSSCO).

20.4     The Regional Occupational Health and Safety Co-ordinator

20.4.1  The REC at each Region shall appoint a Regional Occupational Health and Safety Co-ordinator.

20.4.2  The duties of the Regional Occupational Health and Safety Co-ordinator shall be to co-ordinate the occupational health and safety activities in a Region in accordance with the directives of the REC and the ROHSSCO, and to attend all NOHSSCO meeting. i.e

20.4.2.1           to educate and concientise the members on all aspects of occupational health and safety in the region.

20.4.2.2           to participate in the negotiations of Occupational Health and Safety agreements in the region.

20.4.2.3           to monitor the implementation of occupational health and safety programmes, including AIDS awareness programmes in the region.

20.4.2.4           to partake in the investigation of accidents/incidents and to conduct and assess safety inspections/audits in the region.

20.4.3              The Regional Occupational Health and Safety Co-ordinator shall attend all REC meetings to report on and discuss occupational health and safety activities within the region.

20.5     The Branch Occupational Health and Safety Cub-Committee

20.5.1  A Branch Occupational Health and Safety Sub-Committee shall be established at each branch by the BEC.

20.5.2  The duties of the BOHSSCO shall be to run and co-ordinate the occupational health and safety activities according to the directives of the BEC.

20.5.3  The BOHSSCO shall elect a Chairperson and Secretary and their vices.

20.5.4 Secretaries of the Occupational Health and Safety Committees at each branch, the Branch Occupational Health and Safety Co-ordinator and the Full-time Occupational Health and Safety Representatives/Stewards (where applicable) shall constitute the Branch Occupational Health and Safety Sub-Committee (BOHSSCO).

20.6     The Branch Occupational Health and Safety Co-ordinator

20.6.1  The BEC at each branch shall appoint a Branch Occupational Health and Safety Co-ordinator.

20.6.2  The Branch Occupational Health and Safety Co-ordinator shall co-ordinate branch occupational health and safety activities. Le

20.6.2.1           to educate and concientise the members in all aspects of occupational health and safety in the workplace;

20.6.2.2           to participate in the negotiations of occupational health and safety agreements;

20.6.2.3           to monitor the implementations of occupational health and safety programmes, including AIDS awareness in the branch.

20.6.2.4           to partake in the investigations of accidents/incidents and to conduct assess safety inspections/audits at the branch.

20.6.3 The Branch Occupational Health and Safety Co-ordinator shall attend all Branch Executive Committee meetings to report on and discuss branch occupational health and safety matters.

 

  1. OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

21.1     At every mine shaft or working area where he union has a minimum of ten (10) members, an Occupational Health and Safety Committee shall be established.

21.2     An Occupational Health and Safety Committee shall consist of mot less than four (4) Occupational Health and Safety Stewards representing the various work sections in which the union has members at that particular shaft or work area. The Occupational Health and Safety Committee shall meet at least once every two weeks.

21.3     The Occupational Health and Safety Committee shall be elected from amongst all the Occupational Health and Safety Representatives/Stewards at the shaft or working areas, at an occupational health and safety stewards meeting. Occupational Health and Safety Committee elections shall be held once every two years and Occupational Health and Safety Committee members shall hold office until the nest elections, whereupon they shall be eligible for re-election.

21.4     The functions of the Occupational Health and Safety Committee shall be the following:

21.4.1  to conduct the health and safety affairs at the shaft level;

21.4.2 to receive and attend to complaints affecting members concerning their occupational health and safety in the workplace and to report such complaints to the Health and Safety Committee;

21.4.3  to report any contravention of statute or improper health and safety practices to the Occupational Health and Safety Sub-Committee.

 

  1. OCCUPATIONAL HEALTH AND SAFETY EPRESENTATIVES/STEWARDS

22.1     The workers in each shop or other appropriate unit shall by secret ballot elect Occupational Health and Safety Representatives/Stewards among themselves who shall hold office for a period of two years whereupon they will be eligible for re-elections.

22.2     The Branch Executive Committee shall regulate the election of such Occupational Health and Safety Representative/Steward.

 

  1. ORGANISERS

23.1     Organisers at National and Regional levels shall be appointed by the National Executive Committee. They shall be responsible for the growth, organisation and consolidation of the union’s membership. They shall attend Regional Executive and Central Committee meetings as well as National Congress, but shall have no right to vote at such forums.

23.2     The National Organiser shall attend the meetings of the NEC, Central Committee, the National Congress and shall be accountable to the NEC.

23.3     The Regional Organiser shall attend the meetings of the NEC, Central Committee, the National Congress and shall be accountable to the REC.

23.4     Remuneration and other conditions of employment of Organisers shall be fixed by the NEC.

 

  1. STANDING RULES AND PROCEDURES OF UNION MEETINGS

24.1     The Chair shall be taken by the President or in his/her absence by the Vice President or in his/her absence by a member elected by the house to chair the meeting.

24.2     Business shall be proceeded with in accordance with the agenda unless otherwise decided by the meeting.

24.3     No items, other than those appearing on the agenda shall be debated, provided that the meeting by resolution may agree to discuss a matter excluded from the agenda.

24.4     The chairperson must at all times maintain control over the deliberations and must restore a disciplined gathering at all times.

24.5     The Chairperson will allow opportunities for those present to address the meeting on any issues relevant to the point of discussion. Members will request an opportunity for an address through the Chairperson. Opportunities will be allocated on a basis of first come first served.

24.6     The Chairperson will not prejudice any delegate or member when granting an opportunity for, address.

24.7     any office-bearer and/or any union official who does not turn up at the meeting within 30 minutes of the scheduled starting time without a valid reason for three consecutive meetingswill automatically be under discipline.

24.8     Any office-bearer or union official who absents himself/herself from any meeting will submit an apology with reason before the commencement of such a meeting. Failure to do so, he will automatically be under discipline.

24.9     No meeting will commence later than one hour of the scheduled time.

24.10   Except otherwise provided, all issues shall be decided by a motion duly seconded and by majority vote through the show of hands unless such meeting decides on a secret ballot. In the event of an equality of votes the President shall cast a deliberative and casting vote.

24.11   No motion that has been determined shall be reconsidered, debated, altered, added to, or rescinded at that same meeting.

24.12   All ideas and issues must be debated thoroughly before being transformed into a motion. Once a motion has been tabled, the chairperson shall deal with it in accordance with it’s status.

24.13   The mover of a motion shall have the right to reply to a debate, provided that such reply shall not be longer than five minutes.

24.14   The mover of a motion shall have the right to speak for at the longest five minutes provided that nay other delegate other than the mover propose an extension of time of not longer than ten minutes.

24.15   All other speakers except with the permission of the meeting shall not speak longer than five minutes.

24.16   The person who has been allocated the floor will be allowed to address the house without interference unless he/she is out of order. A person or delegate is out of order when:

  1. i) He/she does not respect authority of the chair or the house either through attitude or verbal abuse;
  2. ii) He/she does not address the issue at hand;

iii)       His/her address is decharacterising or insulting;

  1. iv) He/she is repetitive.

24.17   At all meetings votes shall be counted by scrutineer who shall be appointed by the Chairperson and who shall record the vote and report to the Chairperson.

24.18   The National Executive Committee or Central Committee, or 20% of members in good standing in the case of all other office-bearers and officials, requisition the General Secretary in writing for a secret ballot by members to determined whether an office-bearer of official should be removed or, if such person has been removed, whether he should be reinstated, then the National Executive Committee shall arrange for the holding of such secret ballot. Provided that in respect of office-bearers and officials who serve or who had served on Branch Executive of Shopsteward Committee, the secret ballot shall be conducted amongst members in the particular Branch respectively.

 

  1. DISCIPLINE OF APPOINTED OFFICIALS AND STAFF MEMBERS

25.1     Discipline of appointed officials and staff members shall be dealt with in terms of the Union’s Disciplinary Policy.