COSATU CONSTITUTION
As amended at the 6th National Congress in 1997
and written for the first time in plain legal language^[1].

Table of Contents

PREAMBLE

1. CHARACTER OF THE FEDERATION

1. Name
2. Legal status
3. Structure
4. Aims and objectives
5. Location of head office

2. MEMBERSHIP

1. Application
2. Decision making
3. Autonomy of affiliates

3. NATIONAL CONGRESS

1. Purpose, powers and duties
2. Composition
3. Meetings
4. Quorum
5. Election of National Office Bearers
6. Period of office
7. General

4. CENTRAL COMMITTEE

1. Purpose, powers and duties
2. Composition
3. Meetings
4. Quorum

5. CENTRAL EXECUTIVE COMMITTEE

1. Purpose, powers and duties
2. Composition
3. Meetings
4. Quorum
5. Speaking and voting rights
6. Decision making

6. EXECUTIVE COMMITTEE

1. Purpose, powers and decision making
2. Composition
3. Meetings
4. Quorum
5. Speaking and voting rights
6. Powers and decision making

7. REGIONAL CONGRESS

1. Powers and duties
2. Composition
3. Meetings
4. Quorum
5. Office Bearers

8. REGIONAL EXECUTIVE COMITTEE

1. Purpose, powers and duties
2. Composition
3. Meetings
4. Quorum

9. SHOP STEWARD COUNCIL

1. Local Structures
2. Meetings
3. Local Office Bearers
4. Powers and Duties

10. NATIONAL OFFICE BEARERS

1. The President
2. First Vice President
3. Second Vice President
4. Acting President
5. Treasurer
6. Removal of National Office Bearers

11. OFFICIALS

1. General Secretary
2. Deputy General Secretary
3. Speaking and voting rights
4. Removal of officials

12. STANDING ORDERS AND RULES OF PROCEDURE AT FEDERATION MEETINGS

1. Chair
2. Agenda
3. Debating a motion
4. Decision making
5. Rulings

13. FINANCES

1. General
2. Purpose of funds
3. Banking accounts
4. Affiliates
5. Financial year
6. Finance Committee
7. Reporting
8. Signatories

14. INDEMNIFICATION OF OFFICIALS, OFFICE BEARERS AND COMMITTEE MEMBERS

15. RESIGNATION AND DISCIPLINE OF AN AFFILIATE

1. Resignation
2. Suspension or expulsion
3. Appeal
4. Financial and legal consequences

16. DISSOLUTION

17. AMENDMENTS TO THE CONSTITUTION

18. INTERPRETATION

19. DEFINITIONS

PREAMBLE

We, the Trade Union representatives here present firmly commit ourselves to a unified democratic South Africa, free of oppression and economic exploitation.

We believe that this could only be achieved under the leadership of a united working class. Our history has taught us that to achieve this goal we will have to carry out the following tasks:

• organise the unorganised workers and build effective trade unions based on the democratic organisation of workers in the factories, mines, shops, farms and other workplaces.
• organise national industrial trade unions, financed and controlled by their worker members through democratically elected committees.
• unify national industrial trade unions, under COSATU’s leadership.
• combat the divisions amongst the workers of South Africa and unite them into a strong and confident working class.
• encourage democratic worker organisation and leadership in all spheres of our society together with other progressive sectors of the community.
• reinforce and encourage progressive international worker contact and solidarity so as to assist one another in our struggles.

COSATU calls on all those who identify with this commitment to join us and the workers whom we represent, as comrades in the struggle ahead. We call on all trade unions to strive to unite their members in their ranks without discrimination and prejudice. We seek to protect and further the interests of all workers. Our struggle is inspired by the universal slogan of working class solidarity: “An injury to one is an injury to all.”

CONSTITUTION OF
THE CONGRESS OF SOUTH AFRICAN TRADE UNIONS

1. CHARACTER OF THE FEDERATION

1. Name

The name of the organisation is the Congress of South African Trade Unions (COSATU), hereinafter referred to as the “Federation.”

2. Legal status

1. The Federation is a corporate body with perpetual succession and legal existence independent of its affiliates. ^[2]
2. No affiliate has any right to its assets.
3. The Federation may sue and be sued in its own name.

3. Structure

The Federation consists of the following structures –

1. National Congress (“NC”).
2. Central Committee (“CC”).
3. Central Executive Committee (“CEC”).
4. Executive Committee (“EXCO”).
5. Regional Congress (“RC”).
6. Regional Executive Committees (“REC”).
7. Regional Shop Steward Councils (“RSSC”).
8. Local Shop Steward Councils (“Locals”); and
9. Local Executive Committee (“LEC”)

4. Aims and objectives

The aims and objectives of the Federation are

1. to fight for worker rights by —
   1. securing social and economic justice for all workers.
   2. understanding how the economy of the country affects workers and formulating clear policies on how the economy should be restructured in the interests of the working class.
   3. restructuring the economy to allow the creation of wealth to be democratically controlled and its fruits shared among the working class.
   4. striving for just standards of living, social security and fair conditions of work for all.
   5. advancing or opposing any law, action or policy of any authority or body affecting the interests of affiliates in particular, or the working class in general.
   6. facilitating and co-ordinating education and training of all workers so as to further the interests of the working class; and
   7. conducting, co-ordinating and publishing research into matters affecting workers.
2. to build solidarity by –
   1. encouraging all workers to join progressive and democratic trade unions; and
   2. striving for a united working class movement regardless of race, colour, creed or sex.
3. to encourage industrial unions by –
   1. forming broadly based industrial unions in all industries where none exist; and
   2. assisting unions operating in the same industry to merge into broadly based industrial unions.
4. to support affiliates by –
   1. encouraging co-operation among affiliates.
   2. co-ordinating joint activities.
   3. creating a forum to achieve common goals and perform such actions as are necessary to achieve these goals.
   4. resolving disputes between affiliates and within the Federation; and
   5. instituting or defending legal proceedings affecting affiliates or the Federation.
5. to manage finances and assets by –
   1. raising and acquiring funds by affiliation fees or by any other legal means in order to further these aims and objectives; and
   2. purchasing, leasing, hiring or acquiring any movable and immovable property and rights which the Federation may deem necessary; and
6. to pursue any action which may be in the interests of the Federation and its affiliates and which are consistent with this Constitution.

5. Location of head office

The CEC decides on the location and address of the head office.

2. MEMBERSHIP

1. Application

1. The Federation is open to all unions that –
   1. subscribe to the preamble; and
   2. conform to the requirements of this Constitution.
2. Unions intending to apply for membership must send the CEC –
   1. a copy of their current constitution which must state that –
      1. the union is controlled by democratically elected worker representatives at all levels;
      2. the union limits its membership to specified industries; and
      3. officials have no voting rights in the union.
   2. a statement of membership setting out the number of members they have and where those members are organised; and
   3. a copy of its latest audited financial statements.
3. The CEC may request further information to that supplied in subsection (b) above.

2. Decision making

1. The CEC has full and discretionary powers to –
   1. accept an application for membership; or
   2. reject an application for membership.
2. If the CEC is satisfied that the applicant complies with the entrance requirements and resolves to admit the applicant it must direct the union to –
   1. take up its membership in the Federation; or
   2. integrate its membership into the appropriate union affiliate in the industrial section in which the (applicant) union operates.
3. If the CEC is not satisfied that the applicant complies with the entrance requirements and resolves not to admit the applicant, then the applicant may appeal to the next National Congress and this National Congress must confirm or reverse the decision of the CEC.

3. Autonomy of affiliates

Affiliates remain autonomous bodies governed by their own constitution but they must abide by this Constitution and the policies of the Federation.

3. NATIONAL CONGRESS

1. Purpose, powers and duties

1. The National Congress (“NC”) must adopt general and specific policy measures by means of resolutions which further the aims and objectives of the Federation.
2. The NC considers and decides on –
   1. credential of delegates to the NC.
   2. the agenda.
   3. reports from the CEC.
   4. reports from the National Office Bearers of the Federation.
   5. reports of a financial nature, namely audited financial statements.
   6. the nomination and election of the Federation’s National Office Bearers.
   7. amendments to the Federation’s Constitution.
   8. resolutions; and
   9. any other matter that may be deemed to be in the interest of the Federation.
3. The NC makes decisions –
   1. on motions and resolutions which have been duly seconded.
   2. by simple majority vote unless otherwise provided in this Constitution.

2. Composition

1. The NC must be composed of the –
   1. President.
   2. First Vice-President.
   3. Second Vice President.
   4. Treasurer.
   5. General Secretary.
   6. Deputy General Secretary; and
   7. delegates from affiliates contemplated in subclause (b) below.
2. Each affiliate, in good standing with the Federation, is entitled to send 1 delegate for every 750 members or part thereof provided that the majority of these delegates are members of their union.
3. Each affiliate must inform the General Secretary of the Federation in writing of the total number and the names of the delegates at least –
   1. one month before any ordinary congress; or
   2. one week before a special congress.
4. The NC is entitled to request reasonable proof of the size of the membership on which affiliates have decided the size of their delegation.

3. Meetings

1. Ordinary NC
   1. The NC shall ordinarily meet once every 3 years.
   2. The CEC decides on the date of the NC.
   3. Three months written notice must be given to each affiliate.
   4. An agenda must be attached to the notice.
2. Special NC
   1. The President must call a special NC if –
      1. the CEC passes a resolution calling for the meeting; or
      2. not less than 1/3 of the affiliates in good standing submit a written request to the General Secretary for the attention of the President calling for the meeting.
   2. If the President fails to call a special NC, then the CEC is empowered to nominate a convenor of the special NC.
   3. The President decides on the notice period, but not less than 14 days written notice must be given to each affiliate.
   4. An agenda must be attached to the notice.

4. Quorum

1. The quorum for meetings of the NC must be at least 2/3 of the affiliates in good standing provided that –
   1. each affiliate is represented by at least 1/3 of its delegates; and
   2. the majority of those delegates are members of their unions; and
   3. the delegates are those who have had their names submitted to the General Secretary.
2. If after 3 hours of the time fixed for the meeting, a quorum is not present, the meeting must stand adjourned to a time and place decided upon by the President, provided that the meeting must be held within 1 month.
3. The General Secretary must send written notice to affiliates of the adjourned meeting.
4. The members present at the adjourned meeting form a quorum.

5. Election of National Office Bearers

1. The NC elects people to the following National Office Bearers’ (“NOB’s”) positions from members of affiliates:
   1. President.
   2. First Vice President.
   3. Second Vice President; and
   4. Treasurer.
2. The NC elects people to the following NOB’s positions:
   1. General Secretary; and
   2. Deputy General Secretary.
3. The following persons are not eligible for the positions of President, Vice President, Second Vice President and Treasurer –
   1. officials of the Federation; and
   2. officials or full time Office Bearers of any of the affiliates.
4. Nominations for NOB’s positions have to be submitted to an independent body appointed for the purpose of receiving such nominations.
5. Nominations for these positions must be duly seconded, and the NC votes by secret ballot.
6. If only one candidate is nominated for a position, then no ballot is necessary and that candidate must be declared duly elected.

6. Period of office

The National Office Bearers hold office for a period of 3 years and thereafter until the next election.

7. General

1. The NOB’s shall hold their positions on the CC, CEC and EXCO.
2. The CEC determines the General Secretary and Deputy General Secretary’s remuneration and conditions of employment.

4. CENTRAL COMMITTEE

1. Purpose, powers and duties

1. The Central Committee (“CC”) must adopt general and specific policy measures which further the aims and objects of the Federation by means of resolution between meetings of National Congresses.
2. The CC considers and decides on –
   1. credentials of delegates.
   2. the agenda.
   3. reports from the CEC’s.
   4. reports from the NOB’s.
   5. the nomination and election of acting NOB’s.
   6. resolutions; and
   7. any other matter that may be deemed to be in the interest of the Federation other than amending the constitution.

2. Composition

1. The CC must be composed of the –
   1. NOB’s.
   2. delegates from affiliates as contemplated in subclause (b) below.
2. Each affiliate is entitled to send 1 delegate from each group of 4000 members or part thereof of each affiliate in good standing provided that the majority of these delegates are in good standing with their union.

3. Meetings

1. The CC shall ordinarily meet at least once a year, except in a year in which a NC or special NC is held.
2. The CEC decides on the date of the CC.

4. Quorum

1. The quorum for meetings of the CC must be at least 2/3 of the affiliates in good standing provided that —
   1. each affiliate is represented by at least 1/3 of its delegates.
   2. the majority of those delegates are members of their union; and
   3. the delegates are those who have had their names submitted to the General Secretary.
2. If after 3 hours of the time fixed for the meeting, a quorum is not present, the meeting must stand adjourned.
3. The President must decide on a time and place, provided that the meeting must be called and held within 1 month.
4. The General Secretary must send written notice to affiliates of the adjourned meeting.
5. The members present at the adjourned meeting form a quorum.

5. CENTRAL EXECUTIVE COMMITTEE

1. Purpose, powers and duties

The Central Executive Committee (“CEC”) manages the affairs of the Federation between meetings of the NC and has such powers and duties which customarily vest in an executive body, which includes in relation to –

1. policy -
   giving broad direction concerning organisational, political and educational issues within the Federation.
2. membership -
   admitting or refusing to admit applications for membership to the Federation; ^[3]
3. employment –
   1. creating positions of employment within the Federation.
   2. ratifying conditions of employment which have been determined by the EXCO.
4. finances and the annual report –
   1. approving the Federation’s budget.
   2. determining budgetary guidelines.
   3. establishing and funding projects and activities in accordance with the aims and objects of the Federation.
   4. considering and approving the annual audited financial statements and balance sheet and annual report; and
   5. submitting the documents referred to in subclause (iv) above to the NC.
5. structures –
   1. establishing sub committees and determining their nature, membership and scope; and
   2. making regulations concerning the composition, meetings, Office Bearers and role of the Shop Stewards Councils.
6. regions –
   1. establishing or dissolving regions.
   2. demarcating the jurisdiction of the regions where 2 or more affiliates have established significant organisation.
   3. further delegating powers to the Regional Congress and Regional Executive Committee (“REC”).
7. leadership –
   1. filling vacancies in the positions of NOB’s; and
   2. adopting or amending, a leadership Code of Conduct.

2. Composition

The CEC must be composed of the –

1. NOB’s.
2. Chairperson and Regional Secretary of each region; and
3. representatives from affiliates such that there are –
   1. two national leaders, one of whom must be a member of the affiliate, from each affiliate with less than 80 000 members.
   2. four national leaders, two of whom must be members of the affiliate, from each affiliate with more than 80 000 members.

3. Meetings

1. Ordinary meetings
   1. The CEC must meet twice a year.
   2. The General Secretary consults the EXCO and decides on the dates, and agenda for the meeting.
   3. The General Secretary notifies all affiliates.
   4. No meeting of the CEC may be invalidated only because any member did not receive the notice and agenda.
2. Special meetings
   1. The EXCO or not less than 1/3 of the affiliates on requisition, can request a special meeting of the CEC.
   2. The General Secretary must give not less than 7 days notice to the affiliate unions of the special meeting.
   3. The meeting may only discuss those issues which necessitated the calling of this meeting.

4. Quorum

1. The quorum must include representation by at least –
   1. ½ of the affiliates in good standing; and
   2. ½ of the delegates who must be members of affiliates.
2. If after 2 hours of the time fixed for the meeting, a quorum is not present, the meeting must stand adjourned.
3. The General Secretary must decide on a time and place, provided that the meeting must be called and held sometime between 14 to 21 days thereafter.
4. The General Secretary must send written notice to affiliates of the adjourned meeting.
5. The members present at the adjourned meeting form a quorum.

5. Speaking and voting rights

1. The NOB’s, the Chairperson and Regional Secretary of each region have speaking rights but no voting rights.
2. The representatives from affiliates have full speaking rights and voting rights.

6. Decision making

1. The meeting makes a decision if –
   1. the motion is duly seconded; and
   2. a simple majority of people vote in favour thereof unless otherwise provided for in this Constitution.
2. The decisions are made by show of hands or by ballot if the meeting so decides.
3. If less than a simple majority vote in favour of a motion, or as otherwise provided for in this Constitution, then the motion lapses.
4. If the CEC cannot meet because of circumstances beyond its control, a decision can be made by way of a resolution signed by a simple majority of the affiliates or as otherwise provided for in this Constitution.

6. Executive Committee

1. Purpose, powers and decision making

1. The Executive Committee (“EXCO”) assists the CEC to carry out its responsibilities. The EXCO must –
   1. consider reports from the secretariat in the activities of each department and all regions, and give direction where necessary.
   2. consider invitations received and correspondence.
   3. approve, reject or amend all recommendations from sub-committees of the Federation.
   4. open and operate a banking account in the name of the Federation into which all monies raised in the name of the Federation shall be placed, and to administer such funds;
   5. acquire, either by purchase, lease or otherwise, any movable or immovable property on behalf of the Federation and to sell, let, mortgage or otherwise deal with or dispose of any movable property belonging to the Federation;
   6. appoint auditors on behalf of the Federation;
   7. authorise legal or other assistance to affiliates in terms of the Aims and Objects of the Federation;
   8. institute and/or defend legal proceedings in the name of the Federation, appoint attorneys to act on behalf of the Federation and appoint any person to sign any document in connection therewith on behalf of the Federation;
   9. prepare agendas as required elsewhere in this Constitution;
   10. assist the General Secretary in the exercising of his/her duties;
   11. deal with matters specially delegated to it by the CEC; and
   12. refer all decisions having major policy implications to the CEC.
2. This committee must not –
   1. make decisions which are inconsistent with the NC, CC, CEC, or the provisions of this Constitution.
   2. make or amend any policy decision of the Federation.

2. Composition

The EXCO must be composed of the –

1. NOB’s; and
2. two national leaders from each affiliate in good standing which is represented on the CEC, provided that at least one of the two leaders is a member of such affiliate.

3. Meetings

1. The EXCO must meet at least once every month.
2. The General Secretary must give –
   1. at least 2 weeks notice of an ordinary meeting; or
   2. at least 3 days notice of a special urgent meeting.
3. The General Secretary must —
   1. send an agenda with each notice; and
   2. circulate the minutes to all affiliates.

4. Quorum

1. The quorum must include representation by at least –
   1. ½ of the affiliates in good standing on the CEC; and
   2. ½ of the delegates must be members of affiliates.
2. If after 1 hour of the time fixed for the meeting, a quorum is not present, the meeting must stand adjourned.
3. The General Secretary must decide on a time and place, provided that the meeting must be called and held within 7 days.
4. The General Secretary must send written notice to affiliates of the adjourned meeting.
5. The members present at the adjourned meeting form a quorum.

5. Speaking and voting rights

1. The NOB’s, the Chairperson and Regional Secretary of each region have speaking rights but no voting rights.
2. The representatives from affiliates have full speaking rights and voting rights

6. Powers and decision making

1. The meeting makes a decision if —
   1. the motion is duly seconded; and
   2. a simple majority of people vote in favour thereof unless otherwise provided for in this Constitution.
2. The decisions are made by show of hands or by ballot if the meeting so decides.
3. If less than a simple majority vote in favour of a motion, or as otherwise provided for in this Constitution, then the motion lapses.
4. If the EXCO cannot meet because of circumstances beyond its control, a decision can be made by way of a resolution signed by a simple majority of the affiliates or as otherwise provided for in this Constitution.

7. REGIONAL CONGRESS

1. Powers and duties

1. The Regional Congress (“RC”) is a subordinate body to the CEC:
2. The CEC may –
   1. designate powers to the RC;
   2. confirm, amend or reverse its decisions;
   3. limits its powers and duties by way of resolution.
3. The RC may –
   1. implement decisions of the NC, CC, CEC and EXCO;
   2. carry out the aims and objects of the Federation with regard to the organisation of workers in the Region;
   3. facilitate and encourage co-operation between affiliates in the region;
   4. examine regional problems and co-ordinate activities and campaigns to address such problems;
   5. consider reports of activities of affiliates in the Region; and
   6. elect a Regional Chairperson, Vice Chairperson, Treasurer and Regional Secretary. ^[4]

2. Composition

1. The RC must be composed of the –
   1. Regional Chairperson;
   2. Regional Vice-Chairperson;
   3. Regional Treasurer;
   4. Regional Secretary; and
   5. Delegates of affiliates contemplated in sub-clause (b) below.
2. Each affiliate in good standing with the Federation which has a branch, branches, region or regions within the area of jurisdiction of the RC is entitled to –
   1. 5 representatives for the first 1000 members or part thereof; and
   2. 1 additional representative for every additional 250 members.

3. Meetings

1. The RC must meet at least once a year
2. The Regional Executive Committee –
   1. convenes this Congress; and
   2. must send written notice on 30 days to all affiliates in the region.
3. The REC may convene a Special Regional Congress on 14 days written notice.
4. The notice must include the agenda for the meeting as well as the date, time and venue.

4. Quorum

1. The quorum for meetings of the RC must be at least 2/3 of the affiliates in good standing provided that —
   1. each affiliate is represented by at least 1/3 of its delegates;
   2. the majority of those delegates are members of their union, and
   3. the delegates are those who have had their names submitted to the Regional Secretary.
2. If after 3 hours there is no quorum, the meeting must stand adjourned for 7 days.
3. The Regional Secretary must send notice of the adjourned meeting to the affiliates.
4. The members present at the adjourned meeting form a quorum.

5. Office Bearers

1. RC elects the people to the following Regional Office Bearers’ (ROB’s) positions –
   1. Chairperson;
   2. Vice Chairperson;
   3. Treasurer; and
   4. Secretary.
2. RC elects the Office Bearers at least once every 3 years.
3. The position of the Regional Secretary is subject to the CEC’s powers to ratify the election and to determine the terms and conditions of employment.
4. The positions of other full time or part time officials are subject to :
   1. ratification by the EXCO;
   2. the CEC’s powers to ratify and determine the terms and conditions of employment.
5. The Treasurer must –
   1. together with the Secretary present the financial statement to the Regional Congress; and
   2. generally supervise the financial affairs of the Region.
6. The election, removal from office and powers and duties of National Office Bearers apply to the ROB’s with the necessary change in context.
7. The ROB’s must liase with their national counterparts and keep them informed about the affairs of the Region.

8. REGIONAL EXECUTIVE COMITTEE

1. Purpose, powers and duties

1. The REC manages the affairs of the region between meetings of the RC.
2. The REC must carry out the resolutions, instructions or requests of the NC, CC, CEC, EXCO and RC.
3. If there is a conflict between a resolutions, instructions or requests of the RC and the CEC; then the REC must be bound by the CEC subject to confirmation by the NC.
4. The REC must
   1. consider any matter submitted by an affiliate;
   2. endeavour to settle disputes between affiliates in the region;
   3. approve monthly financial statements by ROB’s;
   4. open and operate a banking account in the name of the region for the Federation; and
   5. deposit all monies received into this account.

2. Composition

1. The REC must be composed of –
2. The Office Bearers of the Region who are the Office Bearers of the REC.
3. Regional leaders from each affiliate in the region such that there are –
   1. 2 delegates from unions with less than 8000 members; or
   2. 4 delegates from unions with more than 8000 members.

3. Meetings

1. Ordinary meetings
   1. The REC meets once every two months.
   2. The REC meeting at the end of each calendar year confirms the dates for the REC meetings of the next year as in the national year planner.
   3. The REC may change these dates –
   4. on good cause;
   5. with the prior consent of the majority of affiliates; and
   6. the Regional Secretary must give members at least 14 days notice of the change.
   7. The Regional Secretary must send to the REC at least 10 days before the meeting is due to take place –
   8. notice of the meeting;
   9. the agenda;
   10. minutes of the previous meetings;
   11. and any other relevant documentation.
2. Special meetings
   1. Unless the majority of affiliates agree otherwise, the Regional Secretary must –
   2. give 48 hours notice of the meeting; and
   3. send out a written agenda specifying the issues requiring such a meeting.
   4. The meeting may only discuss those issues which necessitated the calling of this meeting.
   5. No decision is valid if it detrimentally affects an affiliate who did not receive notification of the meeting.

4. Quorum

1. The quorum for meetings of the REC must be at least 2/3 of the affiliates in good standing provided that —
   1. each affiliate is represented by at least one delegate; and
   2. the majority of those delegates are members of their union.
2. If after 1 hour there is no quorum, the meeting must stand adjourned for 7 days.
3. The Regional Secretary must send notice of the adjourned meeting to the affiliates.
4. The members present at the adjourned meeting form a quorum.

9. SHOP STEWARD COUNCIL

1. Local Structures

1. The Federation must encourage affiliates to set up Local offices to facilitate closer liaison between affiliates.
2. The Regions must aim to establish Local Shopstewards Councils (“Locals”) which consist of all members of Shopstewards Committees in that locality.
3. Each Local Executive Committee (“LEC”) must be composed of —
   1. affiliate Local office bearers; or
   2. any representative of that affiliate where that affiliate does not have a local structure.

2. Meetings

1. The LEC must meet at least once a month.
2. Each Local must decide on its meeting days, times and delegations.

3. Local Office Bearers

The Local elects the following office bearers to manage the affairs of the Local:

1. Chairperson;
2. Vice Chairperson;
3. Treasurer; and
4. Secretary.

4. Powers and Duties

The LEC must —

1. ensure the smooth running of the union Local structures;
2. deal with any issue referred to it by the REC for decision or recommendation;
3. raise the level of understanding of the Federation policies amongst all members in the area where the Local operates;
4. implement decisions of the Federation;
5. co-ordinate the activities of the Federation within the Local;
6. appoint sub-committees;
7. nominate member/s to attend REC meetings specifically to represent the interests of members in the Local; and
8. nominate member/s to attend particular meetings, if instructed to do so by the REC.

10. NATIONAL OFFICE BEARERS

1. The President

The President has the following powers and duties –

1. to preside over meetings of the NC, CC, CEC and the EXCO;
2. to conduct the meetings according to the provisions in this Constitution;
3. to sign the minutes of meetings of the NC, CC, CEC and EXCO; and
4. to generally supervise the affairs of the Federation between meetings of the NC and the CEC in conjunction with other Office Bearers.

2. First Vice President

The First Vice President exercises the powers and duties of the President in his / her absence.

3. Second Vice President

The Second Vice President exercises the powers and duties of the President if the First Vice President is absent.

4. Acting President

1. The CEC appoints an Acting President if the President and both Vice Presidents are temporarily unable to exercise the powers and duties of the President.
2. The Acting President holds office until –
   1. the President or one of the Vice Presidents are available; or
   2. a new President or Vice President has been elected in accordance with clause 3.

5. Treasurer

The Treasurer is responsible for —

1. to preside over meetings of the Finance Committee;
2. the supervision of the financial affairs of the Federation; and
3. such other duties as may reasonably required by the NC, CC or the CEC.

6. Removal of National Office Bearers

1. The President, First Vice President, Second Vice President and Treasurer must vacate their seats during their term of office if –
   1. they cease to be members of an affiliate;
   2. a special NC so decides by resolution; or
   3. if a majority of the CEC so decides by resolution.
2. The CEC must fill vacancies from nominations which have been duly seconded in terms of clause 3 (5) (b), (c) and (d).

11. OFFICIALS

1. General Secretary

The General Secretary is responsible for –

1. financial affairs including –
   1. the keeping of books and accounts as may be required by the CEC;
   2. the collection of affiliate fees;
   3. the banking of monies received in the name of the Federation;
   4. the preparation and circulation of detailed monthly financial statements to the Regions and affiliates of the Federation;
2. correspondence and notices including –
   1. tabling correspondence at EXCO meetings;
   2. sending out notices and minutes of all meetings of the NC, CC, CEC, EXCO and other related committees and sub-committees;
3. reports including –
   1. the preparation and circulation of the Financial Annual Report which must include statements of income and expenditure and the balance sheet; and
   2. the circulation of the auditor’s report to the CEC;
4. general co-ordination and supervision including –
   1. office work and administration of the affairs and activities of the Federation; and
   2. the supervision of staff and the Regional Secretaries,
5. other duties including tasks issued by the NC, CC, CEC or the EXCO.

2. Deputy General Secretary

The Deputy General Secretary is responsible for performing the functions and duties as contemplated in subclause (1) above —

1. with the General Secretary; or
2. in the absence of the General Secretary.

3. Speaking and voting rights

Officials of the Federation have full speaking rights but no voting rights.

4. Removal of officials

1. The CEC may suspend or dismiss the General Secretary or any other official, if in the opinion of the CEC the official –
   1. has committed misconduct;
   2. has neglected his / her duties;
   3. has acted in a manner detrimental to the Federation; or
   4. has acted in a manner which conflicts with this Constitution.
2. The CEC or the NC may suspend or dismiss the General Secretary or any other official for any other reason deemed sufficient.
3. The official has the right to appeal to the next NC.
4. The General Secretary and Deputy General Secretary may resign on 3 months notice to the CEC.
5. The CEC may terminate the services of the General Secretary or Deputy General Secretary on 3 months notice for reasons other than those warranting instant dismissal.
6. The notice period of other officials are determined by their terms and conditions of employment.
7. The CEC may appoint a General Secretary or Deputy General Secretary in an acting capacity, until the election of a person to this position at the NC.

12. STANDING ORDERS AND RULES OF PROCEDURE AT FEDERATION MEETINGS

1. Chair

1. The President must chair the meeting.
2. If the President is absent then, the First Vice President or in his or her absence the Second Vice President, or in their absence the meeting may decide on a chair.

2. Agenda

1. The meeting must follow the agenda unless the participants decide otherwise.
2. Only the issues on the agenda may be debated, unless the meeting decides by resolution not to discuss a matter.

3. Debating a motion

1. The mover of a motion may speak for 10 minutes or for an additional 5 minutes if another delegate so proposes.
2. Participants may speak for up to 5 minutes, unless the meeting decides that they may speak for longer.
3. The mover of the motion has the right of reply for up to 5 minutes.
4. No subject may be debated for longer than 1 ½ hours unless a delegate proposes an extension of time which –
   1. may not be debated; and
   2. is duly seconded and supported by a 2/3 majority.

4. Decision making

Except where otherwise provided in this Constitution the meeting makes a decision if:

1. A motion is duly seconded; and
2. The motion is carried if a simple majority of participants vote in favour thereof.
3. A motion will lapse if it is not supported by a simple majority of participants.
4. If there are equal votes in favour of and against a motion then the Chairperson shall have a casting vote.
5. At all meetings where there are more than 50 participants, votes must be counted by scrutinisers who –
   1. must be appointed by the meeting; and
   2. must record the votes and report the results to the Chairperson.
6. No motion that has been debated and determined may be reopened or varied or rescinded at the same meeting.

5. Rulings

1. The ruling of the chairperson is final.
2. If any delegate refuses to obey the Chairperson’s ruling a vote may be taken by the meeting to deem the member guilty of misconduct.
3. If the meeting decides that the member is guilty of misconduct then –
   1. that member must withdraw from the meeting; and
   2. the meeting has the right to suspend that member for as long as the meeting deems fit.
4. The provisions of this sub-section shall not apply:
   1. where a duly seconded motion is moved to overrule or rescind the chairperson’s ruling; and
   2. the motion is carried by a majority of the members present.
5. In the event of a motion being moved in terms of this subsection —
   1. the mover of such a motion is limited to making a statement in support of the motion; and
   2. the chairperson has a right to reply limited to 5 minutes in each case.

13. FINANCES

1. General

The funds of the Federation are made up of all monies received by means of affiliation fees, levies, donations, functions and by any other means within the framework of this Constitution.

2. Purpose of funds

1. The funds of the Federation must be applied solely in furtherance of the Federation’s aims and objectives subject to the decision of the NC, CC or the CEC.
2. Funds contributed for a specific purpose must be used for that purpose and no other except as otherwise decided by the CEC.
3. No profits or gains may be distributed to any person.

3. Banking accounts

1. The General Secretary must deposit funds received into the Federation’s bank account within 3 days of receipt.
2. No person may open a banking account in the name of the “Congress of South African Trade Unions, “COSATU” or any other similar name without –
   1. the explicit written authority of a resolution of the EXCO on an official Federation letterhead signed by at least 3 NOB’s; and
   2. subsequent verbal confirmation to the bank or financial institution concerned by either the National Treasurer or General Secretary.

4. Affiliates

1. Affiliates must pay an affiliation fee to the Federation.
2. The CEC, subject to the directives of the NC, determines the amount of the fee.
3. Affiliates must pay their fees in respect of each month on or before the 7th day of the following month.
4. An affiliate that disaffiliates or is expelled shall have no claim on the funds or assets of the Federation.

5. Financial year

The financial year is from 1 January to 31 December.

6. Finance Committee

1. The Finance Committee (Fincom) is composed of:
   1. the National Treasurer;
   2. General Secretary; and
   3. one delegate from each affiliate.
2. Fincom must meet at least once a month.
3. The National Treasurer is the chairperson of Fincom.
4. Fincom reports directly to the EXCO and CEC and must be responsible for –
   1. assisting the National Treasurer;
   2. preparing financial reports for the EXCO and CEC;
   3. recommending amendments to financial policy;
   4. monitoring the Federation’s accounts and querying unusual expenditure;
   5. making recommendations to the EXCO regarding financial requests from affiliates;
   6. proposing ways of making the Federation financially self-sufficient; and
   7. preparatory work regarding the Federation’s budget.

7. Reporting

1. Fincom must prepare an income and expenditure report for each meeting of the EXCO.
2. This report must include a clear statement of any unbudgeted expenditure.

8. Signatories

1. The CEC must appoint the President, First Vice President, Second Vice President,Treasurer, General Secretary and Deputy General Secretary signatories to the National Banking Account.
2. Three signatories must authorise any cheque.

14. INDEMNIFICATION OF OFFICIALS, OFFICE BEARERS AND COMMITTEE MEMBERS

The Officials, Office Bearers and Committee members of the Federation, provided that they have not acted in a manner which would constitute misconduct, shall —

1. be indemnified by the Federation against all proceedings, costs and expenses incurred by reason of any omission, negligence or other act done whilst performing their duties on behalf of the Federation or an affiliate; and
2. shall not be personally liable for any of the liabilities of the Federation or any of its affiliates.

15. RESIGNATION AND DISCIPLINE OF AN AFFILIATE

1. Resignation

1. An affiliate may disaffiliate from the Federation by giving to the CEC –
   1. 3 months written notice; and
   2. its reasons for resigning.
2. The CEC may waive the notice period.

2. Suspension or expulsion

1. The NC or the CEC may suspend or expel an affiliate for –
   1. acting against the interests of the Federation;
   2. failing to attend more than 2 consecutive meetings of the CEC without an apology acceptable to the CEC; or
   3. failing to pay its affiliation fees.
2. No such suspension or expulsion shall have effect unless the CEC –
   1. has notified the affiliate in writing of the reasons for the suspension or expulsion; and
   2. has granted the affiliate permission to present its case to the CEC.

3. Appeal

1. The affiliate must give notice of their intention to appeal to the General Secretary within 30 days of the decision.
2. The appeal is made to the NC, and the decision of the NC is final and binding.
3. Where the decision to suspend or expel is made by the NC, such decision shall be final and binding.

4. Financial and legal consequences

1. Affiliates who disaffiliate or are expelled have no claim on the assets of the Federation.
2. The CEC is empowered to recover all monies owing by the affiliate to the Federation.

16. DISSOLUTION

1. The Federation may be dissolved by a resolution of the NC supported by not less than 3/4 of the meeting.
2. The NC must appoint a liquidator to wind up the affairs of the Federation.
3. The liquidator must take the necessary steps to liquidate the debts of the Federation from its available funds and any other monies realised from any assets of the Federation.
4. The liquidators fees and expenses must rank in order of preference –
   1. as though he/ she were a trustee of an insolvent estate; and
   2. as though the expenses were the costs of an insolvent estate.
5. After the liquidator has paid the debts and if there are any remaining assets these assets shall be given or transferred to affiliates –
   1. in good standing; and
   2. in proportion to subscriptions paid by them in respect of the 12 months immediately preceding the date of the decision to dissolve the Federation.

17. AMENDMENTS TO THE CONSTITUTION

1. The Constitution may be repealed or amended by the NC.
2. A notice of the proposed amendment must be sent to the General Secretary
3. The General Secretary must:
   1. circulate the notice to all affiliates and members of the NC; and
   2. include the proposed amendment on the next agenda.
4. A 2/3 majority of the NC must agree to the resolution to repeal or amend the Constitution.

18. INTERPRETATION

If there is any doubt as to the interpretation of any provision of this Constitution then —

1. the CEC may make an interim ruling;
2. the NC, by majority vote, must make the final ruling.

19. DEFINITIONS

1. Affiliate — An “affiliate” means — a union that has been admitted to membership of the Federation in terms of Clause 2(2) and which is not more than six (6) months in arrears in affiliation fees to the Federation or such longer period as such affiliate justifies to the CEC on good cause prior to it being six (6) months in arrears.
2. Affiliate in good standing — An “affiliate in good standing” means an affiliate which is not more than three months in arrears in affiliation fees to the Federation.
3. Delegate — A “delegate” means a person representing an affiliate on any committee or at any meeting of the Federation. Such delegate shall be a member or an official of the affiliate represented.
4. Member — A “member” means a person, other than an official, who pays membership dues to an affiliate and is in good standing as prescribed by that affiliate’s constitution.
5. National Office Bearers — means the President, First Vice-President, Second Vice President, Treasurer, General Secretary and Deputy General Secretary.
6. Office-Bearer — An “office-bearer” means a person, other than an official, unless expressly allowed for in this constitution, who holds office in the Federation nationally, regionally or locally as specified in this Constitution.
7. Official — An “official” means an employee of the Federation or any of its affiliates employed as a secretary or organiser or in any other specified capacity.
8. Union — “Union” means, without limiting the ordinary meaning thereof, any organisation of workers which:
   1. has a constitution approved by the general membership; and
   2. is controlled by its members through an elected committee of worker members;
   3. is involved in achieving the Aims and Objects of the Federation.
   4. identifies with and is committed to the principles set out in the preamble to this Constitution.

Footnotes:

1. See also the previous COSATU Constitution, as amended at the 5th National Congress, 1994.

2. The Federation is a structure which remains constant — with its own separate legal personality — despite changes in membership. Affiliates may come and go but the Federation remains constant. The Federation’s legal personality allows it as a structure, rather than the affiliates to become involved in legal transactions.

3. For more details see clause 2 on membership.

4. See subclause (5) for further details.

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