Liberated Metalworkers Union of South Africa
The Central Committee shall determine the number and boundaries of provinces.
i. The Provincial Congress shall control the affairs of the Union in a region, subject to the general control and direction of the:
1. Central Committee; and
2. National Congress.
Local shop Stewards Councils shall elect their delegates to the Provincial Congress from amongst their members. There shall be one delegate for every one hundred members employed within the jurisdiction of each local.
c) Powers and Duties
The following are the powers and duties of Provincial Congress:
i. all the powers of the Provincial Executive Committee;
ii. to decide on all matters affecting the region subject to the direction of:
1. the National Congress; and
2. the Central Committee;
iii. to establish Local Shop Stewards Councils and define their areas of jurisdiction;
iv. to review decisions and activities:
1. of Local Shop Stewards Councils;
2. of Provincial Executive Committee; and
3. to confirm, alter or reverse such decisions;
v. to consider reports:
1. from the Central Committee;
2. from the National Executive Committee; and
3. to ensure the implementation of decisions and resolutions of those bodies;
vi. to elect Provincial Representatives to the Central Committee
vii. to suspend a Provincial Executive Committee for neglect of duty and conduct contrary to or in conflict with:
1. the constitution
2. decisions of the National Congress;
3. decisions of the Central Committee; or
4. decisions of the Provincial Congress;
viii. to do any other things which promote the interests of the Union and agree with:
1. the objects and policies of the Union; and
2. this constitution;
ix. to elect a new Provincial Executive Committee.
d) Elections of Provincial Office Bearers and Provincial Secretary
i. The Provincial Congress shall elect from amongst its members:
1. a Chairperson;
2. Vice-Chairperson; and
3. Provincial Treasurer.
ii. Among its members and staff the Provincial Congress shall also elect a Provincial Secretary who shall be a full-time employee of the Union.
iii. These members, together with the Provincial Secretary, shall serve as office bearers of the region.
iv. If an election for these positions is not held, the Central Committee shall call an election within six months of the end of the term of office of the Provincial Congress.
PROVINCIAL EXECUTIVE COMMITTEE
The Provincial Executive Committee shall administer the affairs of the Union.
A Provincial Executive Committee shall consist of:
i. the office-bearers of the Provincial Congress;
ii. four local office bearers from each Local Shop Steward Council in the region; and
iii. the members of the Provincial Finance Committee.
c) Period of office
A Provincial Executive Committee shall hold office for four years and its members shall be eligible for re-election.
Provincial Executive Committees shall meet at least once every two months.
e) Powers and Duties
A Provincial Executive Committee shall have the following powers and duties:
i. to employ persons in the region subject to the approval of the Central Committee;
ii. to appoint sub-committees to investigate and report on any matter referred to it;
iii. review decisions and activities of Local Shop Steward Councils and to confirm, alter or reverse such decisions;
iv. deal with disputes referred from Local Shop Steward Councils between members and their employers and attempt to settle such disputes by conciliatory methods possible;
v. suspend any shop steward or Shop Steward Committee on sufficient cause shown and take over the management of their affairs until another shop steward or committee is elected;
vi. where it deems appropriate:
1. to institute or defend legal proceedings by or against the Union; and
2. to institute or defend legal proceedings on behalf of individual members or against individual members.
vii. to do all lawful things which in the opinion of the Provincial Executive Committee promote the interests of the Union and its members and agree with:
1. the objects of the Union
2. this constitution
3. the policies of the National Congress; and
4. the policies of the Central Committee;
viii. submit copies of the minutes of their meetings to the General Secretary
ix. in the event that the position of a Provincial Office Bearer or Provincial Secretary becomes vacant, to elect a person to act in that position until the following Provincial Congress. The Provincial Executive Committee should endeavour to fill the position within three months of it becoming vacant.
PROVINCIAL FINANCE COMMITTEE
a) A Provincial Congress shall elect from their number three members, who reside in their respective regions and who shall form the Province’s Finance Committee, together with the Provincial Treasurer
b) The Provincial Finance Committee shall have the following powers and duties:
i. to scrutinise the Province’s financial records and report to the Provincial Executive Committee;
ii. to meet not less than once a month with the Provincial Office Bearers to approve the payment of regional accounts against budgets approved by the Central Committee;
iii. to scrutinise monthly financial statements which have been prepared by the Provincial Secretary, and then send these accounts to the Provincial Executive Committee;
iv. generally exercise supervision over the financial affairs of the Province and perform such other duties as by usage and custom pertain to the office.
v. The PFC must scrutinise finance and approve signatories of cheques which will be the PS, Treasurer and one PFC member.
(1) NATIONAL CONGRESS
The national Congress is the supreme governing body of the Union
b) Convening the National Congress
i. The Central Committee shall convene the National Congress at least once every four years at a place of their choice.
ii. The Central Committee shall give at least six months’ written notice of the date and venue of the Congress to every Provincial Executive Committee of the Union.
iii. The Central Committee may convene a Special National Congress if and when it is considered necessary.
iv. The Central Committee shall give one month’s written notice to every Provincial Executive Committee.
v. The President shall preside at the National Congress. If the President I sun available, then the First or Second Vice-President, or if the First or Second Vice-President is unavailable, the National Treasurer, or if the National Treasurer, or if the National Treasurer is unavailable, a person appointed by the Central Committee shall preside at any National Congress.
c) Delegates and attendance
i. For a National Congress, each Local may elect one shop steward per 300 members, as a delegate for their province at the Congress.
ii. The accreditation of delegates will be determined by a Credentials Committee appointed by Congress.
iii. Only delegates accredited by a Credentials Committee shall be entitled to vote at a National Congress.
iv. The general secretary, deputy general secretary and Provincial secretaries shall attend the National Congress. The Central Committee shall decide which other staff shall attend the National Congress. They shall have the right to speak but not to vote.
d) Powers and Duties
The powers and duties of the National Congress shall be:
i. to make policy for the Union;
ii. to decide on resolutions submitted to the Congress by the provinces and the Central Committee;
iii. to consider and decide on the reports presented to the Congress;
iv. to review and decide on the financial position and progress of the Union;
v. to nominate and elect:
1. the President;
2. the First Vice-President;
3. the Second Vice-President
4. the National Treasurer
5. the General; Secretary of the Union; and
6. the Deputy General Secretary;
vi. to amend the constitution; and
vii. to deal with any other matter which merits the attention of the Congress.
The minutes of every National Congress must be sent to each province within three months of the last day of the Congress.
NATIONAL EXECUTIVE COMMITTEE
The National Executive Committee will manage the affairs of the Union between meetings of the Central Committee2.
The NEC consists of the:
i. National Office Bearers3;
ii. the Chairpersons and Treasures of each Provincial Executive Committee;
iii. the National Finance Committee; and
iv. Provincial Secretary from each province of the union
c) Powers and duties
The National Executive Committee shall have the following powers and duties:
i. execute all decisions of the Central Committee and National Congress;
ii. co-ordinate all plans, campaigns and projects approved by the Central Committee;
iii. receive regular financial statements from the National Finance Committee
iv. consider budgets and the payment of accounts as reported by the National Finance Committee
v. suspend any office bearer or official of the Union for sufficient cause until the matter is decide at the next meeting of the Central Committee;
vi. to generally represent the Union and ensure the sound management thereof between meetings of the Central Committee subject to the provisions of this constitution and the objects and policies of the Union;
vii. to issue press statements in the name of the Union; and
viii. to do all lawful things which promote the interest of the Union and which agree with:
1. the objects and policies of the Union; and
2. this constitution.
The National Executive Committee shall meet at least once every three months.
NATIONAL FINANCE COMMITTEE
a) The Central Committee shall elect from among their number three members all of whom must reside or work within a 60km radius of the Head Office. No region shall have more than 1 NFC member. These three members, together with the National Treasurer, shall constitute the Union’s National Finance Committee. The National Treasurer shall chair all meetings of the National Finance Committee.
b) The National Finance Committee shall have powers to:
i. supervise the financial affairs of the Union;
ii. ensure that the provisions of the constitution are observed;
iii. assist the General Secretary to keep proper books of accounts for the Union;
iv. scrutinise budgets and monthly financial statements prepared by the General Secretary before these statements are submitted to the Central Committee and/or National Executive Committee for approval;
v. scrutinise all the Union’s financial records and report all problems and irregularities to the National Executive Committee or Central Committee;
vi. meet with the National Office Bearers not less than once a month to approve the payment of accounts (and benefits) provided such expenditure is within budgets approved by the Central Committee or NEC; and
vii. perform such other duties as by usage and custom pertain to the office.