20 Dissolution of the Organisation 20.1 If, for any reason, NTESU cannot continue to function, either in the opinion of the Registrar of Labour Relations or, for reasons of support or insolvency the following procedure shall apply: 20.1.1 a postal ballot of the total membership in good standing shall be held according to Section 15; 20.1.2 where 75 percent of those balloted vote in favour of dissolution, a Special Congress or National Congress shall vote on a resolution calling for dissolution of the organisation; 20.1.3 if the majority of the Branches in good standing at such a Special or National Congress vote in favour of a resolution to dissolve the organisation then application shall be made by the incumbent National Office Bearers to the Labour Court in terms of Section 103 of the Labour Relations Act No. 66 (1995) for an order giving effect to that resolution; 20.1.4 any resolution to dissolve the organisation shall include in it the selection of a benefactor organisation with similar aims and objectives in the tertiary education sector; 20.1.5 should any funds or assets remain after the liabilities of the organisation have been settled by the Liquidator those funds or assets shall be transferred to the organisation selected under 20.1.4 under conditions and terms laid out by the dissolving Congress. If no organisation is selected Section 103 (5) of the Labour Relations Act No. 66 (1995) shall apply; 20.1.6 at least thirty (30) days notice shall be given of a Congress resolving to dissolve NTESU; 20.1.7 dissolving the organisation shall be the sole item on the agenda of such a Congress and no other business shall be discussed; 20.1.8 all current records including membership lists, fee structures, asset and liability and other financial and requested information shall be handed to the Liquidators and any funds in banking accounts, apart from Administration Staff salaries and monetary benefits, shall be frozen; 20.1.9 the Congress dissolving the organisation shall relieve the National Office Bearers of their obligations and posts and elect a Dissolution Committee to assist the National Administrative Office and the Liquidators, as might have been appointed under Section 103 (3) of the Labour Relations Act No. 66 (1995), with the dissolution process. The Dissolution Committee shall accede to the demands of the Liquidators and make any decisions required by the Liquidators as appointed without referral to the outgoing membership; 20.1.10 no National Office Bearer shall be precluded from being elected to the Dissolution Committee. 20.2 The dissolution process shall be conducted under the executive guidance of the organisation's auditors and Liquidators in terms of the Labour Relations Act No. 66 (1995). |
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21.1 NTESU may amalgamate itself with any other organisation or, more than one other organisation, within the Republic of South Africa, by a quorate National Congress or Special Congress subject to agreement of at least 75 percent of all delegates of Branches in good standing. 21.1.1 Such amalgamation shall be according to, but not be limited to, these conditions : 21.1.1.1 that its members become equal members within the new partnership; 21.1.1.2 that no equality of assets or liabilities or "buying in" levy is sought from either side before any agreement can be concluded; 21.1.1.3 that the general aims, objectives and principles espoused by this Constitution are not substantively changed in the amalgamation of constitutional provisions; 21.1.1.4 that the scope of membership representation and business of the new organisation does not expand beyond the education sector. |
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22.1 NTESU may affiliate itself to any federation within or, outside of the Republic of South Africa, by a quorate National Congress or Special Congress subject to agreement of at least 75 percent of all delegates of Branches in good standing. 22.1.1 Any affiliation fee shall be paid out of National funds. 22.1.2 The assets of NTESU shall remain the property of NTESU. |
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23 National Administrative Office Address 3rd Floor, Argon House, 87 Juta Street, Braamfontein, 2001 Johannesburg |
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