#IPUSA

Constitution

Preamble

We, the members of IPUSA, are committed to a policing sector where all members are at all times remunerated fairly, treated fairly in matters relating to promotions, treated fairly in disciplinary matters, not unfairly discriminated against for any reason whatsoever, work under conditions which promote physical safety, and treated with dignity, respect and professionally. In order to achieve these goals, we commit ourselves to rigorously challenge the policing sector’s policies which are not aligned to these goals.

Scope

The trade union will operate in the policing sector. The NEC shall have power to determine additional special constituencies and to expand the scope to other economic sectors as seems expedient on the basis of industrial logic and developing patterns of membership organisation. This Constitution applies to all IPUSA members and is material in the terms and conditions of its employed officials.

Name

The name of the Trade Union formed under this Constitution shall be called the Independent Policing Union of South Africa (herein after referred to as “IPUSA”).

Logo

The shape of our logo is round with five (5) characters who have raised their hands high in celebration of independence. The colours of each character are black, yellow, blue, red and green, and they symbolize each of our core values as follows:

Black represents power, and therefore a symbol of our first core value which is independence.

Yellow represents idealism, and therefore a symbol of our second core value which is transparency.

Blue represents stability, and therefore a symbol of our third core value which is responsibility.

Red represents passion, and therefore a symbol of our fourth core value which is professionalism.

Green represents environment, and therefore a symbol of our fifth core value which is teamwork.

Head Office

The Registered Head Office of IPUSA shall be First Floor, Flexispace Building, 92 Koranna Avenue, Doringkloof, Centurion, 0157, or such other place as may be decided upon by the National Executive Committee from time to time.

Legal Status

IPUSA shall be a body corporate with perpetual succession capable of entering into contractual and other obligations and to sue and be sued in its own name. IPUSA shall hold property apart from its members and shall not be an organisation for gain.

Background and Overview

In Setswana ipusa means independent. Incidentally, IPUSA was born out of the need to establish a trade union whose primary goal is to serve the interests of its members whilst functioning completely independent from political and the employer’s influences.

IPUSA was established in 2021 by the individuals who have vast experience in collective bargaining. Many of which have previously held senior positions within the current majority policing unions and within the South African Police Service (“SAPS”). These are men and women who can attest to the fact that the best interests of the majority of the policing sector members are not safeguarded at all times in the current system, owing to lack of independent functioning.

It is therefore the mission of IPUSA to safeguard the interests of its members at all times, whilst functioning independently from political and the employer’s influences.

Vision

IPUSA’s vision is to see all the members of the policing sector at all times:

(a) remunerated fairly;

(b) treated fairly in matters relating to promotions;

(d) not unfairly discriminated against for any reason whatsoever;

(e) working under working conditions which promote physical safety; and

(f) treated with dignity, respect and professionally.

Mission

The mission of IPUSA is to function independently from political influence and influences by the employer, whilst at the same time ensuring that our members’ interests are safeguarded at all times. Hence our motto is “Our Members are our Interest”.

Core Values

The main reason you should join IPUSA is because we guarantee that your interests will be safeguarded at all times. However, over and above this, you should join IPUSA because we subscribe to the following five core values:

Independence: We are independent from the employer’s and/or political influence. Only your best interests matter to us.

Transparency: We are transparent in dealings with our members.

Responsibility: We take responsibility to ensure that your interests are safeguarded at all times.

Professionalism: Your grievances, departmental matters, SSSBC matters and/or court cases will be dealt with professionally, by our competent officials and/or lawyers.

Teamwork: We act as a team in partnership with our members, in order to ensure that the unique needs of our members are satisfied.

Aims and Objectives

The aims and objectives of IPUSA are:

To organise, recruit, represent and unite all members of the policing sector who support the aims and objectives of IPUSA.
To protect and promote the interests of all IPUSA members.
To promote and fight for a fair remuneration for all policing sector members.
To promote fair treatment of all policing sector members in matters relating to promotions and in disciplinary matters.
To cooperate with other organisations and federations, both locally and internationally in the best interests of IPUSA and its members.
To protect IPUSA members against unfair discrimination on all recognised grounds and from all forms of harassment and to promote solidarity amongst all IPUSA members.
To rigorously oppose the policies of the policing sector that negatively affect the interests of IPUSA members.
To establish and administer funds or seek funding from like-minded organisations for the benefit and on behalf of IPUSA members.
To promote working conditions which promote physical safety of all the policing sector members.
To do all such things as are in the interests of IPUSA and its members and which are conducive to and consistent with the aims and objectives of IPUSA;
To institute legal action on behalf of IPUSA, its members and office bearers in line with the objectives of IPUSA and, where possible, to legally assist members in matters relating to employment;
To lease, hire, purchase and acquire any moveable or immovable property and to borrow, lend, invest and donate money for the furtherance of IPUSA’s aims and objectives.

Membership

Membership of IPUSA shall be open to any person who is eligible to join and subscribe to the Constitution and the aims and objectives of IPUSA. This applies to associate and honorary members.

12.1. Eligibility

(a) Any person employed in the Policing sector shall be eligible to join IPUSA.

(b) A person will become a member of IPUSA upon the acceptance of membership in terms of 7.2(b) below of the IPUSA Constitution.

(c) In the case of associate and honorary members, the NEC will grant such status on the basis of the individual’s contribution to IPUSA and/ or its aims and objectives.

12.2. Application procedure

(a) A person’s application form for membership shall be lodged electronically through the available union APP or with the Regional Secretary where the employee is employed.

(b) The Regional Executive Committee, Provincial Executive Committee or the NEC may accept or refuse any application for membership.

12.3. Appeal against refusal of membership

(a) If an application for membership is refused by the Regional Executive Committee, the applicant may lodge an appeal with the Provincial Executive Committee.

(b) Should the application still be refused, the applicant may lodge a final appeal with the NEC. The decision of the NEC shall be final and binding.

12.4. Termination of membership

By resignation

A member may resign from IPUSA by giving a one (1) calendar months’ notice in writing to the Regional Secretary. The member must pay all money owing to IPUSA before it will accept the resignation.

By unemployment in the relevant industries

A member automatically loses membership fourteen (14) weeks after becoming unemployed in the relevant industries unless:

that member is eligible for Associate Membership;

that member is re-employed in the relevant industries within 14 weeks and resumes the payment of subscriptions as prescribed by this Constitution;

If IPUSA is in the process of disputing the member’s dismissal in which case the member remains a member of IPUSA until the date on which the legal proceedings are finalized, or until IPUSA withdraws as the member’s representative.

By failure to pay subscriptions for three consecutive months

Members who are in arrears with their subscription fees for a continuous period of three (3) months shall forfeit their membership and any benefits received from IPUSA will cease. Such members may re-apply for membership by completing a new stop order form and this will be treated as a new application.

By expulsion

A member may be expelled in terms of clause 10 of this Constitution. An expelled member may not participate in IPUSA’s affairs or receive any benefits or funds provided by IPUSA.

Associate Membership

A person may apply for associate membership of IPUSA if the person was a member of IPUSA for at least two (2) years and has retired due to ill health or age.

The applicant for associate membership must apply in writing to the National Executive Committee. Should the application be refused the applicant may lodge an appeal with the Central Executive Committee. The decision of the Central Executive Committee shall be final.

Associate members are not required to pay subscriptions. Associate members are not entitled to vote or take part in the decision-making processes of the Union.

Honorary Membership

The National Congress of IPUSA may in its discretion bestow Honorary Membership status on an individual in recognition of the contribution made by such individual to IPUSA and / or in recognition of any contribution made by such individual towards the advancement of IPUSA’s aims and objectives. He / she has no voting rights.

Subscription

(a) IPUSA members shall pay monthly subscription fees. All subscription fees are payable to the national account of IPUSA or through debit orders from individual members’ accounts as authorised by the National Executive Committee.

(b) The subscription fees payable by IPUSA members shall not be more than two hundred rand (R200-00) per month. IPUSA’s National Congress may revise the subscriptions payable from time to time.

(c) A stop order facility will be entered into with all employers whose employees have joined IPUSA for the purpose of deducting the subscription fees.

(d) All monies deducted from the members’ salary will be deposited into IPUSA’s bank account on or before the 3^rd day of each month.

(e) A list of all employees from whom deductions have been made shall be forwarded to IPUSA’s Head Office by all employers indicating the amount deducted together with the remittance advice indicating the amount deposited in IPUSA’s bank account.

Register

All application forms received by the union shall be captured immediately on the database provided for by the company the union has contracted to. This company shall make the membership management report available to the union on request by The General Secretary.

(b) The Provincial Executive Committee shall inspect the register of membership of Regions from time to time (Provincial membership report).

Discipline

All members of IPUSA shall be subject to a Code of Discipline determined by the National Executive Committee of IPUSA.

15.1. Suspension or expulsion by Branch Executive Committee

A member may be expelled if in the opinion of the Regional Executive Committee the member has conducted him / herself in a manner which brings IPUSA into disrepute.

A member may be suspended for a fixed period of time after following due process.

A member may be suspended or expelled only after an investigation has been conducted and the member has been given an opportunity to present his / her case before the Regional Executive Committee as outlined in the Code of Discipline.

A member may appeal against the decision of the Regional Executive Committee by writing a letter to the Provincial Executive Committee within seven (7) days after the decision to suspend or expel was taken. In the absence of the Regional structure the member may appeal to the NEC.

If a member is not satisfied with the decision of the Regional Executive Committee, the member may appeal to the Provincial Council. The decision of the Provincial Council shall be final and binding.

A member suspended or expelled from IPUSA shall not be eligible to participate in any activities of IPUSA and is not entitled to receive any benefits provided by IPUSA.

Structures

16.1. Election of shop stewards

(a) At every station, unit and / or branch, IPUSA members in good standing will elect shop stewards from amongst themselves to hold office for a period of five (5) years.

(b) The Regional Executive Committee, in consultation with the Provincial Secretary, shall oversee the process of nominations and elections of the shop stewards.

(c) Only IPUSA members in good standing shall be eligible to participate in the nomination and election of the shop stewards.

16.1.1. Election procedure

(a) Members in good standing at the station, unit and / or branch will nominate and second candidates for the positions of the shop stewards.

(b) If a candidate is the only nominee for the position, he / she will automatically become the shop steward.

(c) If there is more than one (1) candidate for the position, members will vote by a secret ballot or a show of hands, the candidate who receives the most votes will be declared as duly elected and immediately become the shop steward.

16.1.2. Station, Unit or Branch Committee

(a) Every station, unit and branch shall have station, unit or branch shop steward committees comprising of the following members:

(b) Chairperson, Deputy Chairperson and Secretary.

16.1.3. Functions of the shop stewards

The functions of the shop stewards shall be:

(a) To conduct the affairs of IPUSA at the workplace where they are elected.

(b) To receive and attend to all complaints affecting members concerning their employment, membership and working conditions.

(c) To report any improper employment practices and/or contraventions of applicable laws and/or regulations by employers to the Regional Executive Committee.

(d) To represent members in the employers’ internal disciplinary hearings and grievance procedures.

(e) To represent members in consultations pertaining to the operational requirements of the employer.

(f) To represent members in any matter arising out of proposed terminations due to incapacity or ill – health and in any matter regarding the Health and Safety of members and other conditions of employment.

(g) To act as a link between management and employees who are members of IPUSA.

(h) To communicate to members all the necessary information from the Provincial and National offices concerning the activities of IPUSA.

(i) The station committee will report to the Secretary of the Region in which the station is situated.

16.2. Regional Structures

16.2.1. Regional formation

(a) A region shall be formed where there is a business unit (station, units and branches) within the region.

(b) A shop steward committee to represent IPUSA members at this business unit (Constituency).

16.2.2. The Regional Executive Committee

The Regional Executive Committee shall comprise of ten (10) positions as follows:

Regional Chairperson;

Regional Deputy Chairperson;

Regional Secretary; and

Seven (7) additional members from the regional congress.

16.2.3. Election of Regional Executive Committee

The Regional Executive Committee members shall be elected at the first shop steward’s Congress meeting following the nominations and elections of the shop stewards committee, in case of a new Region, or immediately after the fifth Regional general meeting, in case of older Regions.

Regional Chairperson, Deputy Chairperson, Regional Secretary and Members to serve on the Regional Executive Committee will be elected from amongst all the shop stewards representing different stations, units and branches in a Region.
To be eligible for election to serve in the Regional Executive Committee, a member must have been an IPUSA member in good standing.

Where only one candidate is nominated for a position, he / she will automatically hold such position.

Where there is more than one (1) candidate nominated for the position, members will vote by secret ballot or by a show of hands, the candidate who receives most votes will be declared duly elected to the position.

16.2.4. Term of office

The Regional Executive Committee members will hold office for a period of five (5) years.

16.2.5. Meetings

16.2.5.1. Regional Shop Stewards Council Meetings

The Regional shop stewards Council meetings shall be held once a year, unless if there is a need to have a special meeting which shall take place at a notice of not less than forty-eight (48) hours.

16.2.5.2. Regional Executive Committee Meetings

The Regional Executive Committee shall meet at least three (3) times a year before the PEC.

16.2.5.3. Meeting Quorum

The quorum at every meeting shall be 50% + 1 of all members entitled to be present at such meeting. If within thirty (30) minutes after the time fixed for the meeting a quorum is not present, the meeting shall stand adjourned, to the same day, time and place in the following week, and if that day is a public holiday, to the next succeeding working day, and at the adjourned meeting the members present shall form a quorum. The meeting may conduct the agenda for which it was originally called.

16.2.6. Powers and Functions of the Regional Executive Committee

The Regional Executive Committee shall have the following powers and functions:

To manage the affairs of the Region.

To grant or refuse applications for membership.

To recruit members.

To suspend or expel any member for conduct detrimental to the interests of IPUSA and its members.

To administer disciplinary action in terms of the disciplinary code and procedure of IPUSA.

To attend to members’ grievances and keep the Region up to date with relevant information.

To further the aims and objectives in the Constitution of IPUSA and ensure compliance therewith by all members.

To bargain with management on day-to-day operational issues affecting the well-being of members.

To ensure constant and proper communication between the Region and the Province in respect of all matters affecting IPUSA members.

To appoint Fulltime Shop Stewards.

16.2.7. Regional Executive Committee Accountability

The Regional Executive Committee shall be accountable to members.

The Provincial Executive Committee shall supervise the conduct of the Regional Executive Committee.

The Regional Executive Committee shall comply with all provisions of this Constitution, the decisions and policies of the Provincial Executive Committee, the National Executive Committee, Central Executive Committee and the National Congress.

16.2.8. Duties of the Regional Office Bearers

16.2.8.1. The Regional Chairperson

The Regional Chairperson shall be a member in good standing with voting rights.

Shall preside over all meetings of IPUSA at the Regional level.

Shall conduct meetings in terms of the provisions of the Constitution.

Shall sign minutes of all meetings of the Regional Committee.

Shall perform all other duties assigned to him / her.

Shall report to the Provincial Chairperson.

16.2.8.2. The Deputy Regional Chairperson

(a) The Deputy Chairperson shall be a member in good standing with voting rights.

(b) He / she shall perform all functions as are performed by the Regional Chairperson if he / she is unable to perform such functions or is absent.

16.2.8.3. The Regional Secretary

Shall record all minutes of the meetings with no voting rights.

Shall be responsible for all correspondence and communication of the Regional.

Shall issue notices concerning meetings in consultation with the Regional Chairperson.

Shall perform any other duties together as the trade union may direct.

Shall keep and maintain all records of the Regional.

Shall report to the Regional Chairperson, the Regional Executive Committee, the Regional Shop Stewards Congress, the Provincial Secretary and the Provincial Congress on all activities taking place in the Regional.

16.3. Provincial Structures

16.3.1. Provincial Formation

The NEC shall convene a provincial’s first elective congress.

The elective congress shall elect Provincial Office Bearers and Provincial Executive Committee members.

16.3.2. Provincial Congress

16.3.2.1. Convening Provincial Congress

The Provincial Executive Committee of IPUSA shall convene a Provincial Congress after consultation with the Provincial Chairperson every five (5) years before the National Congress.

The convening of the Provincial Congress must be approved by the NEC of IPUSA.

16.3.2.2. Delegates

The following delegates shall attend the Provincial Congress:

Provincial Chairperson.

Provincial Deputy Chairperson.

Provincial Secretary.

Provincial Deputy Secretary.

Provincial Treasurer.

Provincial Organiser.

All Provincial Executive Committee members in the Province.

The Chairpersons and Secretaries of the station committees in that Region.

Each delegate to the Provincial Congress shall be a member in good standing.

16.3.2.3. Functions of the Provincial Congress

The Provincial Congress shall:

Formulate programmes for the region consistent with those of the NEC and the National Congress and with this Constitution.

Formulate and discuss policy proposals for submission to the General Secretary for consideration at the National Congress.

The Provincial congress shall receive reports of activities from and concerning all Provincial Regions.

The Provincial Congress shall make recommendations to the NEC regarding operational and organizational development matters.

The Provincial Congress shall attend to all appeals from Regions regarding refusal of membership and disciplinary processes.

The Provincial Congress shall prepare for the Provincial Congress.

The Provincial Congress shall at its discretion appoint sub-committees and deal with matters raised by Regions falling within the congress.

16.3.2.4. Election of Provincial Executive Committee

Only the delegates set out in paragraph 16.3.2.2. above shall participate in the election process, excluding Provincial Secretaries and their Deputies.

The Provincial Office Bearers shall be elected at the Provincial Congress.

Any member who wishes to participate in the Provincial congress elections must vacate the position he / she holds at the time.

Members of the Provincial Executive Committee shall hold office for a period of five (5) years, and shall be eligible for re-election.

The Provincial Executive Committee shall comprise of Chairpersons and Deputy Chairpersons of regions.

Any member who is not satisfied with the election process or outcome, may lodge a complaint in writing to the National Executive Committee within fourteen (14) days after the date of the elections stating the reasons for his or her objections.

16.3.2.4.1. Election procedure

Delegates will nominate one candidate for each of the seven (7) positions in the Provincial Executive Committees.

A candidate so nominated has a right to accept or decline the nomination.
Each nomination is to be seconded by at least one (1) Region attending the Provincial Congress.

If there is no secondment for the nominated candidate, his / her name will be declined.

Voting will be conducted if there is more than one (1) candidate nominated.

A candidate must have been a member of IPUSA in good standing for a period of not less than two (2) consecutive years to be eligible for election to the Provincial Executive Committee.

The period of two (2) years referred to does not apply in case of a newly established region.

The National Executive Committee shall amongst themselves appoint an election committee to conduct the election process.

16.3.2.5. Composition of Provincial Executive Committee

The Provincial Executive Committee shall be comprised of:

The Provincial Chairperson.

The Provincial Deputy Chairperson.

The Provincial Secretary.

The Deputy Provincial Secretary.

The Provincial Treasurer.

The Provincial Organiser.

And Chairpersons of regions.

Deputy Chairpersons may only attend when the Chairperson is absent.

16.3.2.6. Provincial Executive Committee Meetings

The Provincial Executive Committee shall meet at least three (3) times a year before the sitting of the NEC.

A normal PEC meeting shall be convened fourteen days (14) excluding weekend and public holidays.

An urgent meeting may be convened by the Chairperson in consultation with the POBs. Such a meeting must not take place less than forty-eight (48) hours.

Urgent / Special meetings shall have a specific agenda to be discussed and no minutes of the previous normal PEC meeting shall be discussed.

The quorum shall be formed by 50% plus one (1) member present at the meeting.

If, within thirty (30) minutes after the time fixed for the meeting, the meeting does not quorate, the meeting shall stand adjourned to the same day, time and place in the following week (and if that day is a public holiday than the next succeeding working day) and at the adjourned meeting the members present shall form a quorum.

The Provincial Secretary must notify members who were absent about the adjourned meeting in writing.

The Provincial Secretary shall keep minutes of all meetings of the Provincial Executive Committee.

16.3.2.6.1. Meeting procedure

The Provincial Chairperson shall preside over all Provincial meetings, Conferences and congresses.

Resolutions and decisions shall be taken and adopted by a majority of delegates present through voting.

Congress resolutions shall be adopted by a two thirds majority of Delegates attending the congress through voting.

Members and delegates shall vote by a show of hands and / or the Secret ballot.

The Provincial Chairperson shall have a casting vote.

The Provincial Secretary shall keep minutes of all meetings, Conferences and congresses.

16.3.2.7. Duties and powers of the Provincial Executive Committee

The Provincial Executive Committee shall perform the following duties and have powers to:

Supervise and inaugurate all Regions constituting a region.

Recruit members within the geographical areas in the region.

Organise Provincial meetings, conferences and congresses.

Supervise and ensure the implementation of IPUSA policies in all regions.

Prepare Provincial delegates to the national congress.

Form FINCOM structures.

Appoint Fulltime Shop Stewards.

16.3.2.8. Duties of the Provincial Office Bearers

16.3.2.8.1. The Provincial Chairperson

The Provincial Chairperson is a member elected in accordance with the trade union Constitution and hold office as an office bearer in terms of Section 213 of the Act.

He / she shall preside at all the meetings of the Provincial Executive Committee, Provincial Congress and Provincial Congress.

He / she shall guide all meetings in terms of the Constitution of IPUSA.

He / she shall sign minutes of all meetings of the Provincial Executive Committee and Provincial Congress.

He / she shall perform all other duties assigned to him by IPUSA.

He / she shall report to the Provincial Congress, the President and NEC on all organizational political issues affecting IPUSA and its members in the Province in which he/she serves.

16.3.2.8.2. The Deputy Provincial Chairperson

He / she shall perform all functions as are performed by the Provincial Chairperson if he / she is unable to perform such functions or is absent.

He / she shall perform all other duties assigned to him by IPUSA.

16.3.2.8.3. The Provincial Secretary

The position of Provincial Secretary shall be a full-time position and shall be based at the Provincial office for the duration of his/her term of office with no voting rights.

He / she shall keep minutes of all the meetings and resolutions of the Provincial conferences and congresses.

He / she shall be responsible for all Provincial correspondence and Communications.

He / she shall issue notices of all Provincial meetings after consultation with the Provincial Chairperson.

He / she shall keep records of all Provincial transactions and business.

He / she shall perform all other duties as IPUSA may direct.

He / she shall report to the Provincial Chairperson, the Provincial Executive Committee, the Provincial Congress, the Provincial Congress and the General Secretary all operational matters affecting IPUSA and its members in the region in which he/she serves.

16.3.2.8.4. The Deputy Provincial Secretary

He / she shall perform such duties as are performed by the Provincial Secretary if he / she is unable to do so or is absent with no voting rights.

He / she shall perform all other duties as IPUSA may direct.

16.3.2.8.5. The Provincial Treasurer

The Provincial Treasurer is a member elected in accordance with the trade union Constitution and hold office as an office bearer in terms of Section 213 of the Act.
He / she shall record and receive all monies on behalf of the Region.

He / she shall issue receipts for all monies received and keep records off all payments made.

He / she shall keep Provincial financial records together with the Provincial Secretary.

He / she shall attend to all claims together with the Provincial Chairperson.

He / she shall perform all other duties as IPUSA may direct.

He / she shall report to the Provincial Chairperson, the Provincial Executive Committee, the Provincial Congress, the Provincial Congress and the Treasurer General in respect of all financial transactions taking place in the region in which he/she serves.

He / she shall head the Provincial Financial Committee (ProvFINCOM).

The ProvFINCOM shall consist of seven (7) members, namely, three (3) Shop Stewards from three (3) different Regions, two (2) employees from two (2) different Regions, the Deputy Provincial Chairperson and the Provincial Treasurer.

The ProvFINCOM shall meet at least once fortnightly.

The duties of the ProvFINCOM is to monitor the financial records of the Province.

16.3.2.8.6. The Provincial Organiser

The Provincial Organiser is a member elected in accordance with the Trade Union Constitution and hold office as an office bearer in terms of Section 213 of the Act

The Provincial Organiser shall be responsible for the recruitment of members and the consolidation of membership in the Province.

He / she shall be responsible for the establishment of new Regions in conjunction with the National Organiser and the Provincial Secretary.

He / she shall assist the Provincial Secretary in coordinating the PEC, the Provincial Congress, and any other duties delegated to him / her by the union.

He / she may attend Station, Regional and Provincial Executive Committee meetings, but may only vote in the Provincial Executive Committee meetings.

He / she may perform any other duties as are directed to him by the Provincial Chairperson or the PEC.

He / she shall report to the Provincial Secretary on all IPUSA activities taking place at all Stations and Regional level.

16.4. National Structures

16.4.1. The National Executive Committee

16.4.1.1. Composition

The National Executive Committee shall consist of the following members:

The President.

The Deputy President.

The General Secretary.

The Deputy General Secretary.

The Treasurer General.

The Deputy Treasurer General.

The National Organiser.

The National Head of Members Affairs.

Provincial Chairpersons and Secretaries who were elected at the Provincial Congresses or acting.

16.4.1.2. Term of office

The term of office for the top five (5) members shall be five (5) years and a member shall be eligible for re-election at the next National Congress.

16.4.1.3. Meetings

The NEC shall meet at least three (3) times in a year.

Urgent / special meetings may be convened by The President in consultation with the NOBs. Such meeting may not take place not less than forty-eight (48) hours.

Urgent / special meetings shall have a specific agenda to discuss, and no minutes of a normal NEC meeting shall be discussed.

The President shall issue a written notice and agenda of each NEC meeting not less than twenty-one (21) working days before the date of the meeting.

A majority of the NEC members present at the meeting constitutes a quorum which shall be 50% plus 1 of the members.

All decisions of the NEC meetings shall be taken by consensus, where disagreements exist, a vote by a show of hands will be conducted.

The five elected NEC members shall be entitled to vote. The General Secretary, Deputy General Secretary and the Chief Legal Officer shall have no right to vote.

The President shall have a casting vote.

If, within thirty (30) minutes after the time fixed for the meeting the meeting is not quorate, the meeting shall stand adjourned to the same day, time and place in the following week, (and if that day is a public holiday, then the next succeeding working day) and at the adjourned meeting the members present shall form a quorum.

16.4.1.4. Functions of the National Executive Committee

The NEC shall have power and authority to:

Appoint any officials or employees of the Union, including Fulltime Shop Stewards.

Define their duties and fix their remuneration and other conditions of employment.

Terminate the employment of any officials or employees of the Union.
Discipline all members, employees, officials and office bearers.

Exercise control over the financial affairs of IPUSA.

Enter into contracts, approve the establishment of legal entities, borrow and raise funds, donate funds, acquire assets both movable and immovable, and open and close bank accounts.

Represent IPUSA in other federations of unions and International Organisations.

Institute and defend any legal action on behalf of IPUSA, its members, officials and office bearers.

Decide on the investment of funds.

Decide on the appointment of service providers to administer employee benefits on behalf of IPUSA members.

Appoint from time to time such committees as it may deem necessary.

Regulate the form of procedure in committees.

Nominate and elect persons to represent the Union at any negotiations or on anybody, constituted in terms of any law, on which it is deemed necessary that the Union be represented.

Establish, re-establish or close down branches or regions and define the scope of branches or regions.

Suspend any Regional Executive Committee or Provincial Executive Committee or office bearer or member for violation of the provisions of this Constitution or in the interests of the Union; and to take over the management of the affairs of any Region or Province until a new committee can be established and/or office bearers elected.

Delegate any of its powers in such manner as it deems appropriate.

Do such other lawful things as in the opinion of the NEC may appear to be in the interest of the Union or its members and which are not inconsistent with the objectives of the Union or the provisions of this Constitution.

16.4.1.5. Duties of National Office Bearers

16.4.1.5.1. The President

(a) The president is a member elected in accordance with the Trade Union Constitution and hold office as an office bearer in terms of Section 213 of the Act.

(b) He/she shall be subject to the direction of the NEC, Central Executive Committee and the National Congress.

(aa) Preside at all the meetings of the National Executive Committee (NEC), Central Executive Committee and the National Congress.

(bb) Observe and guide all IPUSA members, employees of IPUSA, officials and office bearers on Constitutional compliance.

(cc) Represent the interests of IPUSA on national and international matters.

(dd) Appoint senior officials of IPUSA in consultation with the NEC.

(ee) Exercise supervision over the work of all the National Executive Committee members who shall be accountable to him.

(ff) Delegate powers to any office bearers and officials of IPUSA to perform any duty where necessary.

(gg) Deploy and redeploy any official, member and office bearer of IPUSA, in consultation with such member, official or office bearer to carry out any duty on behalf of IPUSA where necessary.

(hh) Perform any such duties as are prescribed in the Constitution of IPUSA and / or as may be prescribed by the NEC, the Central Executive Committee and / or the National Congress.

(ii) Report to the National Executive Committee, the Central Executive Committee and the National Congress on the organizational political direction impacting on IPUSA.

16.4.1.5.2. The Deputy President

The Deputy President is a member elected in accordance with the Trade Union Constitution and hold office as an office bearer in terms of Section 213 of the Act.

He/she shall be subject to the direction of the NEC, Central Executive Committee and the National Congress.

The Deputy President shall perform the duties of the President when the President is not available or is unable to perform due to ill-health or incapacity.

The Deputy President shall perform any other duties as are delegated to him / her by the President or the NEC.

16.4.1.5.3. The Treasurer General

The Treasurer General is a member elected in accordance with the Trade Union Constitution and hold office as an office bearer in terms of Section 213 of the Act.

He/she shall be subject to the direction of the NEC, Central Executive Committee and the National Congress.

He / she shall be responsible for the drawing up of the National and Provincial budget proposals for consideration and approval by the NEC.

He / she shall take control of the financial records of IPUSA in conjunction with the General Secretary.

He / she shall be responsible for the registration of all the assets movable and non-movable of IPUSA.

He / she shall ensure compliance and proper application of the annual budget by the Provinces, the National office and all officials and office bearers of IPUSA.

He / she shall rent or purchase offices, office materials / equipment and other resources of IPUSA in conjunction with the President.

He / she shall perform any other duties as are delegated to him / her by the President or the NEC.

He / she shall report to and be accountable to the President, the National Executive Committee, the Central Executive Committee and the National Congress on all matters relating to the financial affairs of IPUSA.

He / she shall head the National Financial Committee (NatFINCOM).

The NatFINCOM shall consist of seven (7) members, namely, three (3) Shop Stewards from three (3) different Provinces, two (2) employees from two (2) different Provinces, the Deputy President and the National Treasurer.

The NatFINCOM shall meet at least once monthly.

The duties of the NatFINCOM is to monitor the financial records of the union.

16.4.1.5.4. The Deputy Treasurer General

The Deputy Treasure General is a member elected in accordance with the Trade Union Constitution and hold office as an office bearer in terms of Section 213 of the Act.

He / she shall be subject to the direction of the NEC, Central Executive Committee and the National Congress.

The Deputy Treasurer General shall perform the duties of the Treasure General when the Treasure General is not available or is unable to perform due to ill-health or incapacity.

The Deputy Treasurer General shall perform any other duties as are delegated to him / her by the President or the NEC.

16.4.1.5.5. The National Organiser

The National Organiser is a member elected in accordance with the Trade Union Constitution and hold office as an office bearer in terms of Section 213 of the Act

The National Organiser shall be responsible for the recruitment of members and the consolidation of membership.

He / she shall be responsible for the establishment of new Regions and Provinces in conjunction with the General Secretary.

He / she shall assist the General Secretary in coordinating the NEC, CEC, the National Congress, and any other duties delegated to him / her by the union.

He / she may attend Station, Regional, National and Central Executive Committee meetings, but may only vote in the National and CEC meetings.

He / she may perform any other duties as are directed to him by the President or the NEC.

He / she shall report to the General Secretary on all IPUSA activities taking place at all Stations, Regional and National level.

16.4.1.6. Duties of Officials

16.4.1.6.1. The General Secretary

The General Secretary is a person appointed by the Union and shall hold office as an official in terms of Section 213 of the Act.

He / she shall issue invitations to the NEC meetings, the National Congress, the Central Executive Committee meetings and any other activities of IPUSA at a national level.

He / she shall keep records of all meetings, Congress resolutions and other proceedings.

He / she shall be responsible for the implementation of the policies, strategies and national programmes of IPUSA as directed by the NEC.

He / she shall be responsible for the setting up and managing the operations of Regions and Provinces in conjunction with the National Organiser.

He / she shall perform any other duties as are delegated to him / her by the President or the NEC.

He / she shall report to and be accountable to the President, the National Executive Committee, the Central Executive Committee and the National Congress on all relevant organisational and operational matters.

In addition to the above duties the general secretary shall perform the duties imposed on him/her by sections 98, 99 and 100 of the Labour Relations Act, 1995, relating to the keeping of records and the furnishing of information to the Registrar.

16.4.1.6.2. The Deputy General Secretary

(a) The Deputy General Secretary is a person appointed by the Union and shall hold office as an official in terms of Section 213 of the Act.

(b) He / she shall carry all the duties of the General Secretary when he / she is not available.

16.4.1.6.3. The National Head of Members Affairs

The National Head of Members Affairs is a person appointed by the Union and shall hold office as an official in terms of Section 213 of the Act.

He / she shall be responsible for administration of the members’ claims.

He / she shall serve as a liaison between IPUSA and its members.

He / she shall attend to membership related issues and assist with recruitment and retention of members.

He / she shall build and maintain relationships with the members by establishing regular contact and travelling to structures as necessary.

He / she shall be responsible for resolving the member’s issues of any nature.

He / she shall report to and be accountable to the President, the National Executive Committee, the Central Executive Committee and the National Congress on all relevant organisational and operational matters.

16.5. Central Executive Council

16.5.1. Purpose

The Central Executive Committee shall deal with any major organizational changes, policy reviews and Constitutional amendments and / or any other urgent matters of national importance in-between the National Congress.

16.5.2. Composition

The Central Executive Committee will be made up of:

The NEC members; and

Five hundred (500) members represented by one (1) delegade.

16.5.3. Meetings

(a) The President or, in his / her absence, the Deputy President shall preside at all the Central Executive Committee meetings.

(b) The General Secretary shall take minutes and keep all records of the meetings.

The Central Executive Committee may hold its meetings bi-annually before The National Congress and /or if requested by two third majority of the union members in good standing. The NEC must seat to investigate the reason for such request for approval purposes.

Any request for a CEC meeting must be sent to the General Secretary.

Upon receipt of the request, the General Secretary shall inform and consult with the President.

The President will decide on the date, venue and time of the CEC meeting.

The General Secretary shall notify the NEC and the Regional Executive Committees about the CEC meeting, venue and the agenda.

16.5.3.1. Quorum

(a) A quorum, shall be constituted by 50% plus 1 of the CEC members present.

(b) If within three (1) hour of the time scheduled for any CEC meeting a quorum is not constituted, the meeting shall stand adjourned to the date, venue and time to be determined by the President.

16.5.3.2. Voting

Meeting decisions shall be made by 50% + 1 majority of the delegates present provided that as far as the NEC is concerned, only the elected NEC members may vote. The General Secretary, Deputy General Secretary and National Head of Members Affairs are not entitled to vote.

Voting shall be by secret ballot or, if agreed, by a show of hands.

The President will have a casting vote.

16.5.3.3. Minutes

The General Secretary shall take minutes and keep records of all the proceedings of the Central Executive Committee meetings.

16.5.3.4. Powers and functions

The Central Executive Committee shall have powers to:

Formulate, determine and review the policies of IPUSA in between the Congresses.

Attend to the Constitutional amendments.

Deal with and manage all major organizational changes aimed at strengthening IPUSA.

National Congress

The National Congress is the supreme governing body of IPUSA. The National Congress has powers to deal with any Constitutional amendments, policy formulation and organizational and structural issues of IPUSA.

17.1. Composition

The National Congress shall be attended by the following delegates:

The President;

Deputy President;

General Secretary;

Deputy General Secretary;

Treasurer General;

National Organiser;

The National Head of Members Affairs;

All Provincial Executive Committee members; and

Every two hundred and fifty (250) members represented by one (1) delegate.

17.2. Nominations

Nominations for the five (5) elected NOBS i.e. The President, The Deputy President, The Treasurer, The Deputy Treasurer and The National Organiser positions shall be open in the morning of the voting and shall be closed as agreed by the congress.

All Regions shall submit the nomination forms completed for each NOBS position to the Independent Election Commission appointed by the NEC sixty (60) days before the National Congress.

All nominated candidates shall accept or decline their nominations thirty (30) days before the National Congress.

The Independent Election Commission shall prepare and print ballot papers to be used for the election.

Floor nominations shall still be open during the National Congress before the elections commence. All nominees must be members of IPUSA in good standing.

17.3. Convening the National Congress

The National Congress must be convened every five (5) years.

The NEC must convene the National Congress within three (3) months at the expiry of the five (5) years period.

The General Secretary shall inform all regions six (6) months before the National Congress of the day of the National Congress.

The notice should include the number of delegates required for each Province and Region.

The Province shall prepare the lists of all delegates to attend the National Congress from each province for submission to the NEC four (4) months before the National Congress. All nominees must be members of IPUSA in good standing.

Name tags for each delegate shall be printed and be available on the 1st day of the National Congress.

The General Secretary shall prepare the agenda / programme for the National Congress after consultation with the NEC twenty (21) days before the National Congress. The agenda / programmes and venue shall be sent to all Provinces fourteen (14) days before the National Congress.

17.4. Presiding over the National Congress

The President or in his / her absence, the Deputy President shall preside over the proceedings of the National Congress.

17.5. Functions of the National Congress

At the National Congress delegates shall:

Consider and reflect on the organizational keynote address by the President.

Consider and reflect on the operational report by the General Secretary.

Consider and reflect on the financial report by the Treasurer General.

Consider and reflect on any other special reports or presentations by the NEC or third parties.

Assess the progress of IPUSA.

Discuss and adopt policies.
Discuss and adopt amendments to the Constitution.
Elect the national office bearers.
Consider any appeals.

17.6. Resolutions

Congress resolutions must be adopted by a 50% + 1 majority of voting delegates.

Voting shall be done by a secret ballot or by a show of hands.

The President has a casting vote.

17.7. Election of National Office Bearers

In order to be eligible to be elected onto the NOBS, candidates must have been a member of IPUSA in good standing for a period of at least three consecutive years or have been serving on the previous NEC and must have previously served at both Regional and Provincial level.

Any member who wishes to participate in the National congress elections must vacate the position he / she holds at the time.

Delegates with voting rights may nominate and second candidates for the positions of the NEC to the National Congress, except for the positions of Provincial Executive Committee which are elected at the Provincial Congress.

Each candidate nominated for the position must be seconded by one Province attending the National Congress.

If there is no seconder for the nominated candidate, his / her name will be declined.

If there is only (1) candidate for a position, the candidate is confirmed as having been duly elected.

If there is more than one (1) candidate nominated, delegates must vote by secret ballot and the candidate who receives the most votes shall be declared duly elected in the position.

17.8. Special National Congress

A special national congress may be convened by the President whenever:

The President sees a need to do so after consultation with National Executive Committee and a resolution has been passed for the calling of a Special National Congress; or

The NEC receives a written request from two thirds of the members in good standing.

The written request setting out the reasons for the proposed Special National Congress shall be sent to the General Secretary.

The General Secretary shall submit the request to the President within forty-eight (48) hours of receipt.

The President shall call an NEC meeting within thirty (30) days of receipt of the request to discuss and decide on the matter.

Should the NEC approve the calling of the Special National Congress as requested, it may be allowed on short notice, but not less than twenty-one (21) working days.

The General Secretary must notify the Provincial Executive Committees within seven (7) days of the decision of the NEC.

Removal from office of office bearer, union official and shop steward

In the event that NEC members, Provincial office bearers, Regional executive committee members, shop stewards and/or IPUSA officials behave in a manner which brings IPUSA into disrepute, or commit misconduct unbecoming of a person in that position, in violation of the Constitution and / or in a manner which is detrimental to IPUSA and its members, the following procedure shall take place:

The NEC shall investigate or cause to be investigated the conduct of the member, official or office bearer.

The alleged offender shall be given the opportunity to state his / her case at a disciplinary enquiry.

Regions could also recall members from the Regional shop stewards committee, REC and NEC if such a member is found to be behaving in a manner that brings IPUSA into disrepute. However, such members will be entitled to present their case to the NEC then due process will take place as outlined in this Constitution.
When the majority of IPUSA members in good standing at the Regional level have raised a vote of no confidence against a shop steward or a Regional Executive Committee member, the Provincial Chairperson and Secretary shall conduct a mass meeting at the Region to confirm such vote of no confidence, upon which the shop steward or Regional Executive Committee member concerned shall immediately vacate his / her position at a Regional level.

When the two third majority of the members of the Province have raised a vote of no confidence against a Provincial Office Bearer (POB), the President shall delegate the General Secretary and another member of the NEC to call a PEC Meeting to confirm such a vote of no confidence, upon which such Provincial Office Bearer shall immediately vacate his / her position at the Provincial office.

When two thirds of the national constituency have raised a vote of no confidence against an NOB, The President or The Deputy President shall call a special / urgent National Congress to confirm the vote of no confidence, upon which such NOB shall immediately vacate his / her position at the National Office.

18.1. Appeal procedure

An office bearer, official or shop steward may appeal against the decision of the REC to the NEC in accordance with the procedure set out in subclause (d) below.

In case of NEC and REC members, the National Congress shall be the final appeal authority.

The Regional Executive Committee member and the shop steward may appeal to PEC about decisions taken by the Regional committee in accordance with the procedure set out in subclause (d) below.

An office bearer, official or shop steward appealing in terms of this Constitution, must lodge his / her appeal in writing with the General Secretary of IPUSA within fourteen (14) days of receiving the notice of the decision.

The General Secretary shall consult with the President about the appeal application, they will then appoint a member of the NEC or an outside person who is competent to chair the appeal process to conduct an appeal hearing within twenty-one (21) days after the appeal application has been lodged.

Statutory Bodies

The NEC shall from time be represented on relevant bargaining councils and any other statutory bodies by an office bearer or official with the required competence to represent IPUSA. The NEC shall, after receiving reports from the representative, give the representative an appropriate mandate on behalf of IPUSA.

Indemnification of office bearers and officials

The office bearers, officials and committee members of IPUSA will be indemnified by IPUSA for all the proceedings, costs and expenses incurred for any act or omission performed in accordance with this Constitution, provided they have acted in good faith and within the provisions of this Constitution.

However, they will be held personally liable for expenditure incurred on behalf of the union if they have incurred such liability not provided for in this Constitution or contrary to any lawful instruction or resolution taken by IPUSA.

Provided they have not acted in the manner which would constitute misconduct, they shall be indemnified by the Union against all proceedings, costs and expenses caused by reason or an omission, negligence or other act done in performance of their duties on behalf of IPUSA or its members and they shall not personally be liable for any of the liabilities of IPUSA or any of its members.

Financial Policy

IPUSA funds may not be used for self-enrichment or for personal gain.

IPUSA funds may only be used for the furtherance of the trade Union business and its members’ interests.

All monies including subscription fees and other levies shall be deposited into the National Account of IPUSA within three (3) days of receipt.

The NEC controls the Union’s finances. It shall run an official account for the Union.

There shall be three (3) signatories to the national account of IPUSA.

Any two (2) of the following members may sign; the President, General Secretary and the Treasurer General.
All monies received shall become Union’s funds.

The Treasurer General shall transfer funds to the Provinces based on the annual budget presented by the Provinces to the NEC and approved.

IPUSA books shall be audited annually at the end of the financial year by an accredited auditing firm which is approved by the FINCOM.

IPUSA books shall close on the 31st of December each year.

Provinces shall submit their financial statements for internal audit to the Treasurer General on 30 November every year.
The NEC shall use its discretion, provided it is in accordance with the provisions of this Constitution how to spend or use the funds of IPUSA for the benefit of its members.
In accordance with the provisions of section 98(1)(b) of the Labour Relations Act, 1995, the general secretary and treasurer shall prepare a statement of income and expenditure and a balance sheet in respect of each financial year ending on 31 December. Such statements and balance sheets shall be audited and dealt with as required by section 98(2) of the Act.

The executive committee shall, subject to confirmation by the national congress, have the power to invest surplus trade union monies in such a manner that the trade union stands to benefit from the investments.

Industrial action

IPUSA will not sanction any protected industrial action involving partial or complete stopping of work by members against an employer unless:

All necessary legal processes in terms of the LRA and IPUSA Constitution have been complied with;

A ballot will be conducted by show of hands by members affected by the dispute for the protected industrial action; and

The majority of members affected by the dispute vote in favour of the protected industrial action; and

The General Secretary in consultation with the President and the relevant Regional Executive Committee sanction the protected industrial action.

22.1. Termination / suspension of industrial action

The industrial action may be suspended and / or terminated when a majority of members who are participating or the NEC are in favour of its suspension or termination.

When the settlement has been reached between the parties on all matters that gave rise to the protected industrial action.

When, in the opinion of the President in consultation with the NEC and the relevant affected executive structures the protected industrial action threatens the safety of members.

22.2. Ballots

Ballots is whenever conducting a vote using ballot, the following process will apply:

The notice of conducting a ballot shall be served in writing at least three (3) days before a ballot is to be taken to all members generally in places of work or residential areas. Copies of the notice shall be displayed on notice boards.

Ballot papers shall be printed.

Provincial Organisers shall prepare ballot papers and deliver them to the Region(s) where the dispute arose.

The issues in dispute shall be clearly written on the ballot paper.

The ballot paper shall not contain any information which may make it possible to identify the voter.

The Union will appoint reasonable number of presiding officers whose task it is to ensure that the voting is conducted fairly.

Each member shall be issued with one (1) ballot paper in the presence of the presiding officer, after voting he / she will put it in the sealed box provided for that purpose.

The presiding officer shall count the ballot papers in the presence of observers to get the results. The results shall be communicated to both the Regional Executive Committee and the General Secretary.

Amalgamation

IPUSA may amalgamate with another union or association with similar interests, only if two thirds (2/3) majority of the delegates at the National Congress vote in favour of the amalgamation. The NEC shall conclude an amalgamation agreement which shall accord with the provisions of Section 102 of the LRA.

Dissolution

The Union may be dissolved by resolution of the National Congress if the motion has been supported by a two third (2/3) majority of the delegates at a National Congress through voting.

The trade union shall be wound up if at a ballot conducted in the manner prescribed in the Constitution not less than three-fourths of the total number of members of the trade union vote in favour of a resolution that the organisation be wound up.

If a resolution for the winding-up of the trade union has been passed or if for any reason the trade union is unable to continue to function the following provisions shall apply:

(aa) The last-appointed president of the trade union, or if he/she is not available, the available members of the last-appointed executive committee of the trade union, shall forthwith transmit to the Labour Court a statement signed by him/her or them setting forth the resolution adopted or the reasons for the trade union’s inability to continue to function, as the case may be, and request the Labour Court to grant an order in terms of section 103 of the Labour Relations Act, 1995.

(bb) The liquidator appointed by the Labour Court shall call upon the last-appointed office-bearers of the trade union to deliver to him/ her the trade union’s books of accounts showing the assets and liabilities together with the register of members showing, for the twelve (12) months prior to the date on which the resolution for winding up was passed or to the date as from which the trade union was unable to continue to function, as the case may be, (hereinafter referred to as the date of dissolution), the membership fees paid by each member and his/her address as at the said date.

(cc) The liquidator shall also call upon the said office-bearers to hand over to him/her all unexpended funds of the trade union and to deliver to him/her the trade union’s assets and the documents necessary to liquidate the assets.

(dd) The liquidator shall take the necessary steps to liquidate the debts of the trade union from its unexpended funds and any other moneys realised from any assets of the trade union, and if the said funds and moneys are insufficient to pay all creditors after the liquidator’s fees and the expenses of winding-up have been met, the order in which creditors shall be paid shall be the same as that prescribed in any law for the time being in force relating to the distribution of the assets of an insolvent estate, and the liquidator’s fees and the expenses of winding-up shall rank in order as that of an insolvent estate and as though the expenses were the costs of sequestration of an insolvent estate.

(ee) After the payment of all debts in accordance with paragraph (cc), the remaining funds, if any, shall be distributed among the remaining members of the trade union on the basis of membership fees actually paid during the 12 months prior to the date of dissolution.

(ff) After the payment of all the liabilities, any assets that cannot be disposed of in accordance with the provisions of this clause shall be realised by the liquidator and the proceeds paid to the Commission for Conciliation, Mediation and Arbitration (in accordance with section 103(5) of the Labour Relations Act, 1995).

(gg) The liability of members shall for the purpose of this clause be limited to the amount of membership fees due by them to the trade union in terms of this Constitution as at the date of dissolution.

Councils

The Central Executive Committee (CEC) may resolve that the Union becomes party to bargaining councils within the public service.

The NEC will appoint members to represent IPUSA at such bargaining councils.

Constitutional Amendments

The provisions of this Constitution may be amended by resolution of the National Congress or the Central Executive Committee provided that two third (2/3) majority of the voting delegates attending vote in favour of such amendments.

Notice of any proposed amendments must be provided to all regions a month before the commencement of the National Congress or a meeting of the Central Executive Committee.

Any Constitutional amendments resolutions taken at a Central Executive Committee meeting must be ratified by the next National Congress or a Special National Congress.

No changes or additions shall have any force or effect until certified in terms of section 101(3) of the Labour Relations Act, 1995.

Definitions

Unless the context indicates otherwise, each word or term defined in this Constitution will have the same meaning as in the LRA.

LRA means the Labour Relations Act, 66 of 1995 as amended.

Member means an employee who has completed the application for membership stop order and has been accepted as a member irrespective of whether membership subscription has commenced or not.

Member in Good Standing means an employee who is paying his / her stop order subscription deduction in favour of IPUSA on a monthly basis and those office bearers who currently serve in the Organisaiton.

Branch in Good Standing means any branch with a minimum of 50 members where membership subscriptions are paid over to IPUSA on a monthly basis.

Union means Independent Policing Union of South Africa (IPUSA).

Office Bearer means an elected member of the Regional, Provincial, National and Central Executive Committee.

Full Time Office Bearers mean all Provincial and National elected office bearers who are holding office in terms of Section 213 of the Act.

Official means any fixed term and / or full-time employee of IPUSA appointed at various levels or structures.

Employee means employees as defined in the LRA.

Provincial Congress means the Provincial Committee made up of the REC and Chairpersons and Secretaries of all Regions forming a region in a particular geographic area.

Workplace has the same meaning as defined in Section 213 of the LRA.

NEC means the National Executive Committee as elected in the National Congress.

CEC means the Central Executive Committee.

PEC means the Provincial Executive Committee as elected in the Provincial Congress.

REC mean the Regional Executive Committee as elected in the Regional Congress.

Interpretation

Whenever any doubt arises as to the interpretation of any provisions of this Constitution, the National Executive Committee shall make a ruling on the matter by a majority vote.

Severability

In the event that this Constitution is affected by legislation or any amendments thereto, or if the provisions herein contained are, by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then such a provision or clause shall be ineffective only to the extent of the illegality, prohibition or unenforceability and each of the remaining provisions or clauses shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision or clause was not part thereof.

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