CONSTITUTION OF Page | 1 Contents PREAMBLE ................................ ................................ ................................ ................................ .............. 3 ABBREVIATIONS ................................ ................................ ................................ ................................ ..... 4 DEFINITION OF TERMS ................................ ................................ ................................ ........................... 4 1. NAME AND LEGAL STATUS OF THE UNION ................................ ................................ ................... 5 2. AIMS AND OBJECTIVE S OF THE UNION ................................ ................................ ......................... 5 2.1. Aims ................................ ................................ ................................ ................................ ........ 5 2.2. Objectives ................................ ................................ ................................ ............................... 5 3. DISCIPLINE ................................ ................................ ................................ ................................ ...... 6 4. DECISION MAKING ................................ ................................ ................................ ......................... 6 5. REPRESEN TATION ................................ ................................ ................................ ........................... 7 6. STUCTURES WITHIN THE UNION ................................ ................................ ................................ .... 7 7. UNION MEMBERSHIP ................................ ................................ ................................ ..................... 7 7.1. Full Membership ................................ ................................ ................................ ..................... 7 7.2. Membership shall be deemed fully active at the: ................................ ................................ 7 7.3. Associate Membership ................................ ................................ ................................ ........... 8 7.4. Honorary Membership ................................ ................................ ................................ ........... 8 7.5. Student Membership ................................ ................................ ................................ ............. 8 7.6. Dual Membership ................................ ................................ ................................ ................... 8 8. APPLICATION AND TERMINATION OF MEM BERSHIP ................................ ................................ ... 8 9. MEMBER DUTIES ................................ ................................ ................................ ............................ 9 10. REGISTER OF THE UNION ................................ ................................ ................................ ......... 10 11. REMOVAL OF OFFICE BEARERS, OFFICIALS AND TRADE UNION REPRESENTATIVES ............. 10 12. SUBSCRIPTION FEES, LEVIES AND BENEFIT FUNDS ................................ ................................ 10 12.1. Sub scription Levies ................................ ................................ ................................ ........... 10 12.2. Levies ................................ ................................ ................................ ................................ 11 12.3. Benefit Funds ................................ ................................ ................................ .................... 11 13. NATIONAL STRUCTURES ................................ ................................ ................................ ........... 11 14. Provincial Structures ................................ ................................ ................................ ................ 16 15. BRANCH STUCTURES ................................ ................................ ................................ ................ 20 16. CODE OF CONDUCT AND DISCIPLINE ................................ ................................ ....................... 21 17. ELECTIONS ................................ ................................ ................................ ................................ 22 18. INDEMNIFICATION OF OFFICIALS, OFFICE BEARERS AND COMMITTEE ................................ 24 19. FINANCES OF THE UNION ................................ ................................ ................................ ......... 25 20. REPRESENTATION ON BARGAINING AND STATUTORY COUNCILS ................................ ......... 25 21. AMALGAMATIONS ................................ ................................ ................................ ................... 26 Page | 2 22. DISSOLUTION ................................ ................................ ................................ ............................ 26 23. AMENDMENTS ................................ ................................ ................................ .......................... 27 24. INTERPRETATION ................................ ................................ ................................ ...................... 27 25. REGIS TRATION OF LOGO ................................ ................................ ................................ .......... 27 Page | 3 PREAMBLE HEALTH AND ALLIED WORKERS INDABA TRADE UNION (HAITU) is an independent, progressive, democratic and politically non – aligned healthcare union organizing healthcare workers employed in the public sector and private sector We recognize the importance of uniting healthcare workers in an environment which is not subjected to political manipulation and/or interference. We as healthcare workers of all races, gender and different health categories in South Africa are in pursuit of economic liberation, improved working conditions, restoration of the image of our healthcare system We recognize the need to accelerate transformation, economic liberation of the marginalized healthcare profession s , redress of imbalances created by preferential treatment, discrimination, victimization, oppression and favoritism in the workplace that will curb exodus of healthcare practitioners. We recognize the need to afford citizens the access to decent and quality health care as entrenched in the supreme law of the Republic, the Constitution Act 108 of 1996. We therefore believe that the employer/s must enable the environment for the provision of sufficient and effective health care in an equitable manner to the citizens of the country and beyond. The need to improve the working conditions, job security, support for healthcare practitioners to be priority whilst balancing both professionalism and trade unionism remains key without sacrificing our robust challenge to the current unjust health models which seeks to degrade and downgrade healthcare as a profession. Ther efore, the formation of HEALTH AND ALLIED WORKERS INDABA TRADE UNION (HAITU) which represents the struggle of hundreds and thousands of healthcare workers duly constituted to fulfill the vision and mission of uniti ng, empowering healthcare workers and rest oring the image of our various profession s in health without fear, favour or prejudice. Page | 4 ABBREVIATIONS HAITU – HEALTH AND ALLIED WORKERS INDABA TRADE UNION NC – NATIONAL CONGRESS NEC – NATIONAL EXECUTIVE COMMITTEE NOB – NATIONAL OFFICE BEARER PC – PROVI NCIAL CONGRESS PEC – PROVINCIAL EXECUTIVE COMMITTEE POB – PROVINCIAL OFFICE BEARER BEC – BRANCH EXECUTIVE COMMITTEE BOB – BRANC H OFFICE BEARER DEFINITION OF TERMS Unless the context indicates otherwise, the following words and phrases shall mean: - “ Member ” shall mean a full member whose subscriptions and levies are not in arrears - “Site” shall mean any office of Health and Allied Workers Indaba Trade Union, institution, further education and that of higher education, agencies of the state where union members are employed. - “Union” means Health and Allied Workers Indaba Trade Union - “Office Bearer” means any member elected to office as a worker leader in any structure of the union in terms of its constitution. - “Official” means any employee of the union who is appointed to service, recruit, organize members and to represent the union in dealin gs with authorities and the community. - “Public Sector” shall mean any government health establishment that is offering health care services to the public. - “Private Sector” shall mean any independent health establishment not under government but is offering health care services to the public including non - profit organizations or non - government organizations. - “Healthcare Worker” shall mean any member who provides healthcare services directly or indirectly to anyone who is in need of health and support health services. - “National Operating Account ” shall mean the account of the union at national level Page | 5 1. NAME AND LEGAL STATUS OF THE UNION 1.1. The union is a voluntarily movement which shall be known as the HEALTH AND ALLIED WORKERS INDABA TRADE UNION, abbreviated as HAITU and which shall be constituted as laid hereafter; 1.2. The union is a non – profit making organization; 1.3. It shall be a corporate body with perpetual succession capable of entering into contractual and have legal powers of a juris tic person ; 1.4. It shall be able to sue or be sued in its own name 1.5. It shall be able to acquire and own propert ies and assets 2. AIMS AND OBJECTIVES OF THE UNION 2.1. Aims 2.1.1. To organize and unify health and allied workers in all their respective fields of practice in the restoration of the image of the healthcare profession and healthcare in general. 2.1.2. To ensure that all workers are re munerated a decent living wage and benefits in their different sectors of employment. 2.1.3. To actively participate in legislation and policy formulation which seeks to update and advance the public and private health care sector. 2.1.4. To train and empower all workers to ensure effective and efficient provision of health care s ervices in the country. 2.2. Objectives Objectives of the trade union shall be, but not limited to: 2.2.1. R egulate relations between employees and employers, including any employers’ organization ; 2.2.2. Pioneer liberation of the workers from all the injustices in the workplace; 2.2.3. Encourage and ensure compliance of active participation by all workers in decision making and policy development on matters that may affect them direct or indirect while carrying out their duties; 2.2.4. Be member driven and carry out any legitimate and lawful mandate resolved under democratic processes in terms of its constitution; 2.2.5. Restore trust and confidence to the communities we serve; Page | 6 2.2.6. Recruit all healthcare workers employe d in the public and private sector; 2.2.7. To establish and administer funds for the benefit of its members; 2.2.8. Defend the members’ rights and ensure that they are upheld and respected by all relevant stakeholders; 2.2.9. Promote and ensure fair labour practice in the w orkplace; 2.2.10. Engage in collective bargaining with the employer on behalf of the workers and ensure that decisions adopted are of mutual and in the best interest of members; 2.2.11. Ensure and encourage members to comply with any other legal document or instruction that is reasonable and lawful; 2.2.12. Represent and defend members on labour related matters affecting them in their areas of employment. 3. DISCIPLINE All members, including office bearers, shall be subjected to the unions’ code of conduct and procedure manuals which shall be from time to time determined by the National Executive Committee (NEC) in between National Congress (NC) and also to any disciplinary process es and/or sanctions defined in such a code. 4. DECISION MAKING 4.1. Decisions shall always be undertaken democratically at an appropriate level of the union structure or office with the necessary jurisdiction to do so; 4.2. Decisions by a higher structure of the uni on or office have a binding effect on the lower structure provided that: a) they are not contrary to this constitution; b) lawful and reasonable and; c) are consistent with any other legitimate policy of the union 4.3. Decision making process in the union is informed by a mandating practice in clause six teen (1 6 ) of this constitution, the outcome of which shall be representative of the union ’s collective voice and a will of the majority. Page | 7 5. REPRESENTATION 5.1. The union shall be governed by both direct and indirect representative forms of democracy; 5.2. Members of the organization shall participate directly in the affairs of the organization in the election of those who shall be responsible for administration of th e organization at all union structures. 5.3. Proportional representation shall be the guiding principle in determining the number of elected representatives to all governance structures 6. STUCTURES WITHIN THE UNION 6.1. The union is organized into the following structures and general spheres of authority: 6.1.1. The Na tional Congress (NC) is the highest decision - making body within the union and it operates nationally; 6.1.2. The National Executive Committee is the highest decision - ma king body in between NC and it operates Nationally; 6.1.3. The Provincial Congress (PC) is the highest decision - making body within Provinces, and it operates within each province. 6.1.4. The Provincial Executive Committee (PEC) is the highest decision - making body within provinces in between PC and it operates within each province. 6.1.5. The Branch General Meeting (BGM) is the highest decision - making body within a branch and it operates within t hat branch. 6.1.6. The Branch Executive Committee is the highest decision body in between BGM within a branch and it operates within that branch. 7. UNION MEMBERSHIP 7.1. Full Membership 7.1.1. The union shall be open to a ll health and allied workers 7.2. Membership shall be deemed fully active at the: 7.2.1. Receipt of a correctly completed and signed application form of the member by the designated office; and 7.2.2. A member has paid a successive three months’ membership fee to the union. Page | 8 7.3. Associate Membership 7.3.1. All persons who demonstrate , share and express solidarity with the unions’ ideology, but are no longer in practice and those who meet the requirements to provide healthcare services but are not yet employed are legible for associate membership. 7.3.2. Such persons shall not be elig ible to stand for elections and to vote in the union. 7.4. Honorary Membership 7.4.1. Honorary membership may be conferred by the NEC or NC on any person in recognition of a special, exceptional contribution or service to the organization or in the field of health 7.4.2. Benefits of the person to whom the organization has conferred honorary membership to, will be determined by the NEC or NC of the organization 7.4.3. Such person shall not be eligible to stand for elections and to vote in the union. 7.5. Student Membership 7.5.1. An y learner studying towards a healthcare qualification is eligible to the organization’s membership. 7.5.2. Such person shall not be legible to stand for elections and to vote in the union. 7.5.3. Students may form their own forums which address their unique needs and ha ve their own constitution and own structures. 7.6. Dual Membership 7.6.1. Any member who joins HAITU shall be given an option to either revoke his or her membership subscription with the current opposition union which the member belongs to at that time or a period of three to six months to consider such cancellation; 7.6.2. Notwithstanding clause 6.6.1, a member with dual membership will not be legible to be nominated and elected for any leadership position of the union. 8. APPLICATION AND TERMINATION OF MEMBERSHIP 8.1. Application shall be made by a member meeting the criteria as set out in clause 6 and wishing to voluntarily associate him/herself with the union by filing the unions’ standard application correctly and in full; 8.2. Membership shall cease to exist and no longer be entitled to benefits of membership whenever the executiv e has established that member's conduct has become detrimental to the aims, objectives and functions of the union 8.3. A member may appeal termination of his or her membership and the appeal procedure is as follows : Page | 9 8.3.1. A member must submit an appeal within 30 days after receipt of the decision; 8.3.2. A member shall appeal to the next higher constitutionally established structure of the union on any decision taken against him or her ; 8.3.3. In the event they are not satisfied with the decision of that particular structure, they shall have the right to appeal to the next level structure on specified time frames as determined; 8.3.4. Members shall further have the right to appeal to the highest body, the National Congress whose decision shall be final; 8.3.5. The membership and benefits of the appellant shall remain in force until the matter is finalized. 8.4. A member who wishes to terminate the acquired membership shall do so by writing to the designated office, such process shall be concluded in 90 days of rece iving the letter of termination; 8.5. A member owing assets or monies to HAITU shall settle such assets or monies in full before the termination can be concluded; 8.6. A member who dishonours the three months' membership subscription without prior notice: a) shal l automatically terminate such membership; and b) electronic correspondence shall be sent to such member to inform him/her of the termination. 8.7. If a member referred to in clause 7. 6 wishes to reinstate his/her membership with the union s/he shall: a) shall settle the outstanding premiums in full; b) provide proof of payment to the designated office; and c) be reinstated as a member of the union in good standing. 9. MEMBER DUTIES 9.1. A member shall promote and uphold the vision of HAITU at all times; 9.2. A mem ber shall attend all meetings or events organized by HAITU; 9.3. A member shall continue to pay membership fee in full, monthly as determined in terms of this constitution; 9.4. A member shall recruit for the union. Page | 10 10. REGIST ER OF THE UNION 10.1. A membership register shall be updated quarterly and kept at the office of the union by the General Secretary ; 10.2. The membership audit shall be done annually and before each National Congress. 11. REMOVAL OF OFFICE BEARERS, OFFICIALS AND TRADE UNION REPRESENTA TIVES 11.1. An office bearer, official or trade union representative may be removed from office: a) if s/he infringes any of the provisions of this constitution; and b) if s/he acts in a manner which is detrimental to the interests of the Trade Union. 11.2. No offi ce bearer, official or trade union representative may be removed from office unless s/he has been afforded an opportunity to state his/her case through the disciplinary process of the union. 11.3. An office bearer, official or trade union representative who h as exhausted the disciplinary process and is dissatisfied with the decision shall have the right to appeal to the next Congress. 11.4. The appeal shall be noted in the agenda of the national congress and the national congress may reverse the decision of the national executive committee and the decision of the national congress shall be final. 12. SUBSCRIPTION FEES, LEVIES AND BENEFIT FUNDS 12.1. Subscription Levies 12.1.1. The National Congress shall have the power to determine the rate of subscription payable by members of the union provided that such a subscription shall not exceed 3% of members' basic monthly wage or salary; 12.1.2. Any proposal to amend the rate of subscription shall be tabled at the NEC and shall be approved at the next national congress meeting; 12.1.3. Membership fee shall become payable after completion of the membership application from a member by stop order , debit or der , cash transfer, eft deposit. Page | 11 12.1.4. Where collective agreements exist, membership fees shall be directly transferred by an employer through the Persal system on a monthly basis directly to the National Operating Account; 12.2. Levies 12.2.1. The NEC may from time to time approve that all members, should pay an additional levy for a specified purpose; 12.2.2. A proposal for a levy shall first be tabled at the NEC meeting and may only be decided upon by the NEC provided that a period of at least one month has e lapsed for consultation by members at their workplaces on the proposal. 12.3. Benefit Funds 12.3.1. The NEC shall have the power to establish benefit schemes on behalf of members, provided that no new fund shall be established. 12.3.2. A new fund shall be established when a proposal has been tabled at the NEC and a period of six months has e lapsed, during which members are consulted on the establishment of such a fund. 12.3.3. Members shall pay separate contributions to such funds in terms of the rules adopted for such funds. If su ch a fund mandates the increase of subscription, the NEC after consultation, shall table the proposal to the National Congress for approval. 13. NATIONAL STRUCTURES The National structures are the coordination centre of the organizational activities, policy formulation and decision making. The National Structures shall be made up of the following: 13.1. National Congress (NC) 13.1.1. the National Congress (NC) shall be the highest governing and policy formation body of the union. 13.1.2. Composition The NC shall consist of the NEC, PEC and provincial delegates as determined by the proportional membership representation of 1:1000 13.1.3. Powers and Functions The N ational Congress shall have powers to: a) Review, amend and/or adopt the constitution and po licies of the union which may be submitted by the NEC; b) Consider all matters emerging from reports and address of the President, General Secretary and National Treasurer with the aim to resolve and promulgate the vision of the Union; c) Elect NOB’s; Page | 12 d) Consider a ppeals referred as informed by internal appeals procedure of the union as referred by the NEC; e) Review, amend and/or adopt any decision/s undertaken by the National Executive Committee; f) Shall determine procedure and policy to be adopted for changing the con stitution and resolving the wind - up period; g) Ensure financial accountability by receiving and reviewing a financial report from the National Treasurer and making financial decisions as it sees fit and in the interest of the union; h) Form or dissolve National Congress subcommittees as it deems fit and appropriate; i) The scope of the special Congress shall be limited only to the business of which it is called for. 13.1.4. Frequency of Meetings a) National Congress shall convene every 4 years; b) General Secretary shall issue notices of such a sitting to all members at least 6 months before congress convenes; c) General Secretary shall circulate the updated notice to all delegates 3 months before National Congress; d) Special Congress shall convene if 50% plus 1 of the NEC requests such a sitting and votes in favour of such a sitting and/or when not less than 10% delegates of the Union call for such special congress; e) Special Congress shall be convened on a date within 6 months of such request being and a notice shall be sent to all delegates within 30 days 13.1.5. Quorum a) The 50% to 1 NEC, PEC and provincial delegates as determined by the proportional membership representation of 1:1000 b) In an event where a quorum is not formed within 2 hours of scheduled congress time, the president shall after consulting with the delegates adjourn the congress to the following day on the agreed time and venue and issue a final reminder notice to all invited delegates. c) On the following day the Congress shall reconvene and those who are present shall constit ute a quorum 13.2. National Executive Committee (NEC) 13.2.1. The NEC is responsible for the management and operations of the union in between the meetings of the national congress. 13.2.2. The NEC is the highest decision - making body within the union in between NC. 13.2.3. Composition The Composition of the NEC shall consist of N ational Office Bearers , Chairpersons and Secretaries of the Provincial structure with voting rights. 13.2.4. Powers and Functions of the NEC a) Manage the affairs of the Union between meetings of the National Congress; b) Co - ordinate, supervise and ensure all structures are functional and complying to the constitution; Page | 13 c) Ensure implementation of all decisions of the National Executive Committee and National Congress of the union; d) Undertake to lawfully intervene on all matters raised and referred to it by the PEC of the Province; e) Review, amend or reverse all decisions and r ecommendations of the provincial, region, branch/workplace structures which may have been taken and found to be inconsistent with this constitution, policies and objectives of the union; f) Appoint and/or dissolve all subcommittees of the NEC if and when the committee deems it fit and necessary to do so in order to promote the interests of the union in line with this constitution, policies and objectives of the union g) Receive regular financial reports from the National Treasurer at every ordinary NEC meeting h) M ay suspend any office bearer of the union for a substantiated rationale in line with the disciplinary code of conduct until the matter is decided upon at the next sitting of the NC i) To make and enforce by - laws relating to procedural, administrative and dis ciplinary matters which are not inconsistent with the provisions of this constitution, the labour relations act, 1995 or any other law; j) To decide all matters of procedure on which this constitution is silent; k) To do such other lawful things as, in the opini on of the national executive committee, appear to be in the interests of the trade union or its members and which are not inconsistent with the objectives set out in clause 2.2. or any matter specifically provided for in this constitution. 13.2.5. Meetings of t he NEC a) Shall meet at least every 6 months; b) The national office bearers may convene a special NEC meeting if and when there is a reason to do so; c) The President must convene a special meeting upon receipt of 50% + 1 majority of NEC members request for a meeting; d) Meetings convened in terms of clause 12.2.4.(a) and/or 12.2.4 (b) shall only discuss an agenda for which it was convened for; e) Shall be calle d by the General Secretary as dictated by this constitution in clause 12.2.4 (a) and after consultation with all the NEC members at least 30 days before the meeting is convened. f) The G eneral S ecretary shall issue a notice to convene meeting to all NEC membe rs; g) The notice shall state the date, place, time and agenda of the meeting; h) Such notice shall be issued to all NEC members at least fourteen (14 days ) before the meeting sits. 13.2.6. Quorum a) For purposes of determining a quorum, there must be at least 50 + 1% of all NEC members present; b) in the event of being no quorum within 2 hours of the scheduled time of such a meeting, the meeting must stand adjourned c) the Chairperson must officially open t he meeting, and after consultation with the NEC members present, shall announce the date, time and venue of the adjourned meeting, which date shall not be later than 14 calendar days; Page | 14 d) Notwithstanding the provisions of clause 12.2.3 (c) and regardless of th e number of members present, the adjourned meeting may duly proceed on the scheduled time as members’ present will constitute a quorum. 13.3. National Office Bearers (NOBs) 13.3.1. The National Office Bearer means any member elected to office as a worker leader in the national structure of the union in terms of this constitution 13.3.2. Composition The National Office Bearers shall consist of the President, two deputy Presidents, General Secretary, Deputy General Secretary and Treasurer General. 13.3.3. Powers and Functions of the NOBs a) The President shall i. preside to all of the meetings held at National Level ii. Counter sign together with the GS on all adopted minutes of all meetings held at national level iii. Ensure the observance of the constitution is complied with in line with the provision of this constitution iv. Be the cosignatory together with the G en e ral S e cretary and T reasurer G eneral to the national Operating b ank accounts of the union v. Convene a speaking meeting with all national structures and /or national committees if and when necessary to do so b) The T wo D eputy P residents shall i. P erform the duties of the President wherein the president is temporarily or permanently unavailable to do so ii. Perform any other lawful duties which may be delegated by the President and/or the union c) Treasurer General i. Be the overall financial accounting officer of the union ii. Be the cosignatory together with the President and the general secretary to endorse all financial transactions at national level iii. Present all finan cial reports expenditure to the NEC meetings and National Congress iv. Issue official receipts for all monies received and to bank such monies within three days of receipt v. Ensure that financial books are ready for annual auditing vi. After consultation with all union structures present an annual budget to NEC and supervise to ensure that union structures comply with financial policies of the union vii. Perform any other lawful duties which may be imposed by the union. d) Deputy General Secretary s hall i. Perform the duties of the G eneral Secretary wherein the General Secretary is temporarily or permanently unavailable to do so ii. Perform any other lawful duties which may be imposed by the union Page | 15 12. 3. 4 OFFICIALS OF THE UNION a) The G eneral S e cretary i. Shall be the Chief Executive Officer of the Union and employed on a permanent basis. ii. Shall be responsible for the efficient administration of the union. iii. Issue out notices to convene meetings after consultation with the President iv. Cosignatory of all minutes of the union at the national level v. Be responsible to keep all received and dispatched correspondences of the union nationally vi. Account for all the correspondences at all sittings of the NEC and NC. vii. Maintain an d keep a membership of the union that shall be audited and updated every three months viii. Be an overseer for all deployments of office bearers of the union to the meetings of structures and representing the union in employer meetings and other forums ix. Be a cosignatory together with the President and the T reasurer G eneral to endorse all financial transactions at national level x. After consultation with any constitutional recognised national structure, allocate responsibilities and duties to all the office bea rers in line with the constitution xi. Ensure observance and implementation of all relevant protocols in the execution of duties of the union as administrative officer of the union xii. Table reports of the union’s activities to all structures of the union xiii. Be in charge and ensure the functionality of programmes, campaigns and capacity programmes of the union xiv. Consult and ensure that financial books and records are availed and submitted for auditing purposes xv. Perform other lawful duties as imposed by the uni on xvi. Be responsible for all media related issues including issuing of media statements at national level xvii. Be in charge of all staff members and officials in the national office xviii. 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 xix. The general Secretary may resign on giving 3 months’ notice in writing to the NEC and his/her services may be terminated on a similar period of not ice being given to him/her by the NEC. b ) Other Officials i) There shall be personnel employed at both National and Provincial offices. ii) The number of staff and their duties shall be determined by the National Executive Council, depending on a needs an alysis requisitioned by the National Executive Council. 12.3.5 Frequency of Meetings a) Shall meet at least in every three months (quarterly); b) Shall be called by the General Secretary as dictated by this constitution in clause 12.3.4 and after consultation with all the NOBs at least 30 days before the meeting is convened; Page | 16 c) The G eneral S ecretary shall issue a notice to convene meeting to all NOBs ; d) The notice shall state the date, place, time and agenda of the meeting; e) Such notice shall be issued to all NOBs at least fourteen (14 days ) before the meeting sits. 12.3.6 Quorum a) For purposes of determining a quorum, there must be at least 50 + 1% of all NOBs present; b) in the event of being no quorum within 2 hours of the scheduled time of such a meeting, the meeting must stand adjourned ; c) the Chairperson must officially open the meeting, and after consultation with the NOBs present, shall announce the date, time and venu e of the adjourned meeting, which date shall not be later than 14 calendar days; d) Notwithstanding the provisions of clause 12. 3 5 (c) and regardless of the number of members present, the adjourned meeting may duly proceed on the scheduled time as members’ p resent will constitute a quorum. 14. Provincial Structures 14.1. Provincial Congress (PC) 14.1.1. Provincial Congress shall be the highest decision and governing body within a province. 14.1.2. Composition The PC shall consist of the PEC members and branch delegates as determined by proportional representation of 1:200 14.1.3. Powers and Functions of the PC a) Consider all matters emerging from reports and address of the Provincial Chairperson, Provincial Secretary and Provincial Treasurer with the aim to resolve and promulgate the vision of the union b) Elect POBs and consider removal or reinstatement thereof of POBs c) Review, amend and/or adopt any decision(s) undertaken by the PEC d) Notwithstanding the above clause, the PC can refer matters to NEC and/or NC e) Form or dissolve PC subcommittees as it deems fit and appropriat e. 14.1.4. Frequency of meetings a) T he PC shall convene every after 4 years , a year before the national congress. b) The Provincial Secretary shall issue notices of such a sitting to all delegates at le ast 120 days before PC convene; such notice shall contain date, time, venue and proposed agenda. c) Provincial Secretary shall circulate a reminder notice to delegates 69 days before PC d) Special Provincial Congress shall convene if 50+1 of the PEC requests such a sitting and votes in favour of such a sitting. e) Special PC shall be convened on a date within 120 days of such request being received and a notice shall be sent to all delegates within 30 days of receipt of request f) The scope of the Specia l PC shall be limited to the business of which it is convened for and no other matters shall be entertained. Page | 17 g) Minutes of the PC shall be sent to delegates and NEC within one month of the last day of the congress 14.1.5. Quorum a) The 50+1 of the PEC and branch delegates as per proportional representation of 1:200 b) In an even t where a quorum is not formed within 2 hours of scheduled Congress time, the Provincial Chairperson shall after consulting with the delegates adjourn the congress for two hours to allow the Provincial Secretary to issue out a reminder to all delegates. c) After two hours, the Provincial Chairperson shall reconvene the Congress and those who are present shall constitute a quorum. 14.2. Provincial Executive Committee (PEC) 14.2.1. The PEC shall be responsibl e for the management and coordination of the affairs of the province 14.2.2. Composition The PEC shall consist of the POBs and Branch Chairpersons, Deputy Branch Chairpersons and Branch Secretaries 14.2.3. Powers and Functions of the PEC a) manage all the affairs of the province; b) co - ordinate, supervise, and ensure that all Branches are functional; c) receive, interrogate and adopt reports from the Branches; d) ensure implementation of all discussions of the various structures of the union in the pr ovince; e) intervene on all matters raised and referred to it by members and structures of the union; f) shall ensure observance of protocols, policies and the constitution of the union; g) convene the Provincial Congress ; h) review, amend or reverse all decisions of the branches in line with the constitution or any other legitimate processes; i) appoint and dissolve all subcommittees of the PEC; j) review, amend and reverse all recommendations of the subcommittees in line with the constitution or any other legitimate proce sses; k) submit reports to lower and upper structures of the union; l) ensure that there are no unnecessary conflicts between member s and their str uctures ; m) intervene promptly on union issues in the furtherance and attainment of the objectives of the union; n) assis t and oversee provincial committees in caring out their duties and obligations. 14.2.4. Frequency of Meetings a) The PEC shall meet every six months. b) The Provincial Secretary shall issue out a notice to all PEC members within 14 days of such a meeting. c) The Provinci al Secretary shall issue out an update notice within 7 days of such a meeting; the updated notice shall contain date, time, venue and proposed agenda d) Special PEC meeting shall convene if 50+1 of PEC members request and vote in favour of such a meeting and/or if the POBs deem it necessary to convene such a meeting Page | 18 e) The scope of a special PEC meeting shall be limited to the business of which it was called for and no other matters shall be entertained. f) The minutes of the PEC meeting shall be adopte d in the next PEC meeting and be sent to the NEC. 14.2.5. Quorum a) T he 50+1 of PEC members shall constitute a quorum b) In an even where a quorum is not formed within 2 hours of scheduled PEC meeting time, the Provincial Chairperson shall after consulting with the PEC members adjourn the meeting for two hours to allow the Provincial Secretary to issue out a reminder to all members. c) After two hours, the Provincial Chairperson shall reconvene the meeting and those who are present shall constitute a quorum. 14.3. Provi ncial Office Bearers (POBs) 14.3.1. The Provincial Office Bearer s means any member elected to office as a worker leader in the Provincial structure of the union in terms of this constitution 14.3.2. Composition The Provincial Office Bearers shall consist of the Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and the Treasurer. 14.3.3. Powers and Functions of the P OBs a) The Chairperson shall i. preside to all of the meetings held at a Provincial Level ii. counter sign together with the P rovincial S ecretary on all adopted minutes of all meetings held at provincial level iii. sign all minutes after adoption by the PEC iv. represent the union as and when requ ired to do so by the NOBs, NEC and NC v. ensure the observance of the constitution is complied with in line with the provision of this constitution vi. be in charge and ensure the functionality of programmes, campaigns and capacity programmes adopted by the higher structures or the PEC vii. b e the cosignatory together with the S ecretary and T reasurer to the provincial bank accounts of the union viii. c onvene a special meeting at all provincial structures and/or provincial committees if and when necessary to do so ix. p erform any other lawful duties which may be delegated by the President and/or the union b) The Deputy Chairperson shall i. perform the duties of the Chairperson wherein the Chairperson is tempor