7 National Executive Committee

National Office Bearers

7.1 The following  National Office Bearer portfolios shall be elected at each National Congress after due nomination by one Branch in good standing and seconding by another Branch in good standing:

7.1.1 National President

7.1.2 Deputy President (Academic staff affairs)

7.1.3 Deputy President (General staff affairs)

7.1.4 Deputy President (Universities of Technology)

7.1.5 Deputy President (Policy Affairs)

7.1.6 National Treasurer

7.1.7 National Secretary

7.2 National Office Bearers shall hold office from one National Congress to the following National Congress.

7.3 The National Office Bearers shall be accountable to the National Congress, shall manage the affairs of the organisation for the period between National Congresses in terms of the mandate given by the National Congress and, shall implement the motions and resolutions of the National Congress.

Election of Office Bearers

7.4.1 Where more than two candidates are nominated for any position as listed in 7.1 voting shall be by successive elimination where the candidate with the least votes in each round is eliminated until one of the final two candidates gains a majority over the other. If no majority is achieved new nominations for that position shall be called for and voted upon.

Bye-Election of Office Bearers

7.5.1 All Branches must be notified of the vacancy and, of any co-option or, nomination or, both, by the National Office Bearers and all Branches shall be able to submit nominations within one (1) month.

7.5.2 A postal ballot of all Branches shall be held if there are several nominations, unless a National or Special Congress is scheduled within the next three months after the vacancy becomes open. Votes allocated to each Branch shall be calculated as under 5.3.2.

7.5.3 If no nominations are received any person co-opted under 7.5 by the remaining National Office Bearers shall hold full right and office for the unexpired term of the outgoing person.

Removal of National Office Bearers

7.6 Should any member or, group of members, including one or more of the National Office Bearers, consider that any National Office Bearer is completely failing to perform the duties ascribed to them or, is suspected of gross misconduct in managing the affairs of the organisation the following procedure may be invoked:

7.6.1 The remaining National Office Bearers shall be requested by any of the parties mentioned in 7.6 to call for a maximum of two nominations from the Branch Executive Committees for the formation of an Ad Hoc Investigation Committee within ten (10) days of the request.

7.6.2 This committee shall consist of five (5) members who are not National Office Bearers. A Maximum of two persons per Branch will be appointed.

7.6.3 Should more than five (5) nominations be received, the first five received by the General Secretary shall, subject to 7.6.2, be appointed.

7.6.4 The Ad Hoc Investigation Committee shall have the power to suspend any person found guilty of any offence mentioned in 7.6 or, elsewhere in this Constitution relating to conduct of the office of National Office Bearer, pending a motion and vote of no confidence after the person or persons on both sides have presented their case at the next National or Special Congress, which vote will be carried by a majority in favour.

7.6.5 Any person suspended from office under this section shall immediately vacate the position and the vacancy so created shall be filled by co-option. The co-opted person shall hold full right and office for the unexpired term of office. If a National or Special Congress elects to reinstate the suspended Office Bearer before the term of office expires the co-opted person shall step down.

7.6.6 The Ad Hoc Investigating Committee shall conduct its proceedings according to 7.6.7.

7.6.7 The Ad Hoc Investigating Committee shall gather whatever information they require, conduct any hearings they deem necessary and endeavour to come to a decision within thirty (30) working days of being appointed.

7.6.7.1 Hearings related to the charge of misconduct or dereliction of duty shall be according to the rules of natural justice, and recorded on audio tape and transcribed in full under similar conditions as in 9.4 and stored for three years after the final resolution of the issue.

7.6.7.2 Appeal against any decision shall follow the rules stated in Section 11 and should such an appeal be upheld then the co-opted person shall step down.

NATIONAL EXECUTIVE COMMITTEE

7.7.1 to enter into any lawful general agreements (subject to provisions elsewhere herein) in furtherance of the aims, objectives and activities of the organisation;

7.7.3 employ and discharge union officials and other staff;

7.7.4 they shall ensure that proper banking, sound and proper accounting and responsible investment strategies are adhered to;

7.7.5 to admit to the organisation any Branches or individuals seeking membership of the organisation;

7.7.6 provide support to Branches so that organisational tasks and functions may be effectively and efficiently executed;

7.7.7 convene the National Congress and any Special Congresses in accordance with sections 5 and 6;

7.7.8 set up working groups to further the aims of the organisation. These may be separate working groups on issues affecting particular sectors of the membership;

7.7.9 take any lawful decisions in accordance with the aims, objectives and policies of the organisation;

7.7.10 where appropriate or required, they shall organise any postal ballots;

7.7.11 to co-opt any NTESU member in a non-voting advisor capacity;

7.7.12 to institute, defend and/or support any legal actions, negotiations or disputes between members and employers or any other body or individual, within the means of NTESU.

7.8 The functions of the National Secretary shall include and, items under 7.8.2, 7.8.5 and 7.8.6 may be delegated to any member of the National Administrative Office staff :

7.8.2 coordinating the negotiation of National and Branch level agreements and sign to such agreements on behalf of the organisation;

7.8.3 ensuring that appropriate and open office practices are pursued by the National Administrative Office staff in the day-to-day operation of the National Administrative Office ;

7.8.4 ensuring that the official notifications for National Executive Committee meetings, National Congresses and Special Congresses and, any other meetings of a national nature are timeously and correctly dispatched and, to table minutes or other documents and correspondence for the notice of, and/or ratification of any such by, any of these meetings;

7.8.5 attend to such correspondence as is directed to the National Secretary's office either by the correspondent or, the General Secretary at the National Administrative Office;

7.8.6 attend to any other business as directed by the National President or, the National Executive Committee or, a National Congress of the organisation;

7.8.7 to act in the absence of the National President until the next National Executive Committee meeting and a decision under paragraph 7.11 is taken.

7.9 The National Executive Committee shall meet at least four (4) times per year or more frequently as may be necessary.

7.10.1 A meeting of the National Executive Committee shall remain quorate should any person, or persons, have to vacate their seat for the rest of the duration of that meeting or, a period of time during that meeting, and at least two National Office Bearers and the National Administrative Office staff are still present.

7.10.2 The votes, in terms of paragraph 7.12, of any absent persons, regarding any decisions forthcoming shall be recorded in a clearly marked sealed vote or, their proxy shall be handed to the chairperson for that particular meeting, in writing.

7.11 A National Executive Committee meeting shall normally be chaired by the National President. In the event that that person is not available to act in this capacity a person may be selected to act in the stead of that person from amongst the other National Office Bearers. In the prolonged absence of the National President this person shall act as National President.

7.12.1 In the event a vote has been decided upon by the National President, or the acting National President, at a National Executive Committee meeting that vote shall be by a show of hands and the counting recorded as votes for, against or abstaining.

7.13 Minutes of the National Executive Committee meetings shall be taken and recorded in an appropriate manner by the National Administrative Office Staff, under the direction of the National Secretary, and shall be disseminated to the Branches within one (1) month of the National Executive Committee meeting.

7.15 The National Administrative Office may consist of a General Secretary, which shall be the senior position subject to 7.15.1, and, any other positions as the National Executive Committee or, a National Congress, deem to be necessary and within the means of the organisation.  The General Secretary shall act a Permanent Secretary to the National Congress and the National Executive Committee.