CONSTITUTION FOR ENERGY SECTOR WORKERS UNION OF ZIMBABWE SSS NT a is UNION OF ZIMBABWE ARTICLE 1 Preamble We, the workers of the energy industry undertakings, cognizant of our fundamental and democratic rights, do hereby proclaim through this Constitution our guiding principles. ARTICLE 2 lication This constitution shall apply to all members of the Union, throughout all the structures Uunselectively with its amendments thereof which registration shall be done within 30 days after Congress. ARTICLE 3 Name of Scope ‘The name of the Union shall be Energy Sector Workers’ Union of Zimbabwe {ESWUz).It shall operate in the Energy Industry. ICLE 4 Definition “Bylaws” Means by-Laws made by the National Executive Committee relating to administrative, disciplinary, procedural and operational matters which shall be consistent with the provision of this constitution, “Head Office — Means the principal place of conducting the business of the Union WIN. OF LABOUR & SOCIAL SERVICES (DEPT. OF LABOUR JADNVINISTRATION) (REGISTRATION) 414 MAR 20% | meg RB BAG CY 7707, CAUSEWAY | ZIMBABWE TEL: 04-796458/60 one BN:“Energy Sector” Means the industry where Employers and Employees are associated and Sathered for Generating , Transmitting, Distributing supplying of Electricity, Fuel,Water, and exploitation of natural resources ,and includes those undertakings,enterprises,services and ‘Operations which are ancillary or incidental to the environment, electricity, water fuel oil,gas.coal,uranium,wind and sun, “Official” ‘Means a member of the Union serving on any committee established in terms of this constitution, “Office Bearer” Means an elected officer (amember of the Union) “Union” Means Energy Sector Workers’ Union (ESWUZ) Worker” Means an Employee of ESWUZ. “Head Office” Means the Head Office of the Union which shall be at a Place determined from time to time by the National Congress. ARTICLE 5 Legal Status ‘The Union shall be a body Corporate with perpetual succession capable of entering into contractual and other relations and of suing and being sued in its own name. It shall hold Property apart from its members. The liability of the members shall be limited to the amount of ‘their subscriptions outstanding or other monies due to the union at any time, ARTICLE 6 nd Obj The aims and objectives of the Union shall be: (2) To recruit and to unite into a single Labour Organisation all workers in the Energy Industries in order to enhance their economic. ‘and social welfare. (b) To Improve the wages, salaries, terms and conditions of ‘employment of Members through Collective Bargaining Agreements, (6) To protect the security of members, advance their employment prospects and generally ‘to do all such things that will serve the interests of members in their individual capabilities, (d) To establish contacts and relationships with other Trade Unions, Trade Federations and Labour Organisations for the benefit of members.(2) To foster unity and co-operation amongst all employees in the energy sector. {f) To pursue any other objectives the Union may legitimately decide upon inthe interest of its members In executing objective and fulling its objectives in terms of this constitution. (6) To protect and advance occupational Health and Safety regulations by making sure that Companies within the energy sector provides adequate protective clothing, tools and Equipment and maintain them in good working conditions, (h) To protect and defend workers agains all forms of discrimination, explottation and abuse. ()) To advance educational,poltticaand economical knowledge of Union members in order to build their capacity to effectively defend their rights and interests, ©) To strive for the achievements’ of highest possible percentage of membership in the energy sector. (W) To develop and maintain a National Information Centre/Library to assist members on all ‘matters of trade union organization, employment legislation and other relevant matters. {) Tozact as a channel of communication between employer and employee within the Energy sector, promote friendship,co-operation, solidarity and fraternal understanding with other trade union movements. (m)To represent in all forms of occupational grievances, harassment and inequalities, (n) To foster for Gender balance is observed in the energy sector. ARTICLE 7 Membership (a) Membership shall be open to all non managerial workers employed in the Energy Industry Undertakings in grades A1 to D2. (b) Any employee in the Energy Sector who wishes to join the Union shall apply on the Prescribed form to the branch committee with Jurisdiction over the area where he/she ls employed. Any application that Is declined shal stipulate the reasons. ‘Appeal against the decision can be made to the legal committee, (c) Duties of members of the Union are to uphold, defend, protect and promote and advance the principles alms and objectives of this Union Constitution, (d) Members shall have a right to advice through the structures any matter affecting them and or threatening the existence of the Union. (e) A disciplinary subcommittee of the Branch shall oversee disciplinary matters Involving members and shall be chaired by the Branch Vice Chairperson or any other delegated official within the branch.(f) This subcommittee will report to the branch and regulated by the Legal Committee, (g) Agerieved members have the right to appeal to the legal committee within 30days from date sub-branch passes its outcome. The Legal Committee shall have four (4) members who sit on the appeals committee and chaired by the Vice President. ARTICLE 8 ion and Member Membership Fees shall be an amount agreed from time to time by the National Executive Committee, In consultation with the branches, Thereafter a monthly subscription fee shall be paid union dues. The money shall be submitted by check off system. There shall be no refund of the subscriptions contributed by the member in the event of termination of membership from the Union. ARTICLE 9 jon in (2)That shall be handled by the branch after being given three months notice and the branch shall convey with the Head Office to ‘convey to the Employer. (b)After termination of employment membership shall cease with the Union, (c)After resignation from the Union readmission will require the member to comply with set conditions of rejoining. (d)An aggrieved member has the right to appeal to the National Executive Committee. ARTICLE 10 Powers of recall {@) Call back shall apply to all the elected officials from the President throughout the whole structure of the Union. (b) This shall apply when one falls to discharge his /her duties fully, falls to represent the Union properly, failure to uphold the Union Constitution or when found capable of being called back by the National Council. (c) Also this shall be by passing of a vote of no confidence. SERVICES ADMINISTRA 414 MAR 20% P.BAG CY 7707, CAUSEW, ZIMBABWE TEL: 04-796453/. RinkarnongARTICLE 11 cto (a) tt shall be every members right to vote (b) The voting shall be through a secret ballot (c) An independent person, body or committee with no interest in the Union shall be appointed to preside over the Elections. iC Members Electioy (a)These shall be run at Branch level through a secret ballot process. (b)The nominations shall be based on merit Branch Elections (a) The General Membership shalll gather to do the Branch Elections {b) Elected Members shall be very active in the discharge of Union duties at the workstations. ARTICLE 12 jhment of Shop Stewards {a) These shall be elected from the general membership at every workstation (b) These shall be members who have clear knowledge of this constitution, code of conduct and the Labour Act] 28:01) (c) They shall have good communication skills. ARTICLE 13 it of ay Coun (a) An Advisory Council shall be established and shall pull its composition from all former Management committee members up to a maximum of ten. {b) Council members shall serve till the election of new management committee that will see new former members constituting the Advisory Council, {c) The Council shall stand in as advisers and they shall not run the day to day business of the Union. (d) This council shall be there to advise the National Executive.{e) They will be delegates to both the National Council and the National Congress with no voting rights. ARTICLE 14 ‘Structure of the Union {a) The Structure of the Union shall comprise National Congress Advisory Council ‘National Executive Council Branches National Youth Committee and National Women’s Committee of the National Ive Couns The Powers and duties of the National Congress shall be delegated to the National Executive Council in the period between National Congresses, The Council shall consist of the executive and chairpersons of each branch. It shall meet once every three months or when called by the President. 1. Consultation on issues pertaining to the Union 2. Checking and lobbying the National Executive on Congress resolutions on matters that may arise to ensure transparency 3. Make recommendations on constitutional changes 4. Advance inputs from membership and also giving feedback as a council. 5. Approve, sanctioning and making alterations on contractual arrangements,committments and other decisions made by the National Executive Council. 6.Endorse,uphold,set aside, reconsider decisions taken against Members ,officers or officials “behavior deemed by the National Executive Council to be in contravention of the constitution or the interests of the Union, National Council, Executive,Branches,or General Membership. 7. Give due consideration to the matters occasioning the suspension of the members and have the power to fire,re-instate or refer to the National Congress P BAG CY 7707 cayoor ZMiaaawre re Causeway]8, Execute Union policies as determined by the National Congress 9. The National Executive shall also co-opt for the fallen vacancy another member from the respective branches to the National Executive Council. 10. To make,amend,repeal by laws not consistent with this constitution, to regulate union affairs including but not limited to matters such as: ‘LElection procedures 2.Enquiry procedures 3.Meeting procedures 4.Union discipline ARTICLE 15 National Congress (2) Anational Congress shall be Held every three years at places, dates and times to be determined by the National Executive Council in consultation with the Advisory Council, (b) The National Congress shall be the highest authority organ of the Union and its resolutions shall supersede all those set at other levels. {c) The National Congress shall be constituted by delegates from the branches and the number shall be as per Accreditation committee recommendations considering the numbers the branches have using the ratio ‘system but no less than one delegate for every fifty members. (d) The National Executive Members of the Union shall be full delegates of the Congress in ‘that capacity and shall not be a delegate of any branch and shall be eligible for re- election for a second term on the same post. (e) All administrative powers and functions shall be delegated to the National Executive after the Congress, ARTICLE 16 ns io The National Congress Shal (a) To consider reports,by the National Executive. vand the Trustees, The presentation of Financial audit report and to appoint Auditors and Legal consultants. (b) Assessment of Union progress and deal with hindrances of any kind. (c) Policy Formulation-Consider the address of the President,the reports of the General Secretary, Tresurer, Trustees and other special reports. (d) Approve amendments to this Constitution. 1 RES e | ‘MAR 2 |(e) The Congress shall have the power to elect members of the Union by secret ballot to the following posts. ‘LPresident 2Vice President 3.Tresurer 4.Trustees 5.General Secretary 6.National Organisers for the Regions in the scope of coverage. ARTICLE 17 ES AND RESPONSIBILITIES. L.PRESIDENT {a) Shall be an unpaid officer elected at the Congress and shall be eligible for re- election strictly for two terms only. (b) Shall be the custodian of the Constitution (c) The President shall preside over all meetings convened by the Union. (d) Shall represent the Union in all appropriate for a. {e) Shall uphold the principles of the Union and of its Constitution. (f) Shall have both the deliberate and casting vote. (g)Shall delegate both duties and responsibilities to the Vice President. ‘2.VICE PRESIDENT (a) Shall be an unpaid officer elected at congress and shall be eligible for re-election for the same post for strictly two terms only, (b)Shall perform the duties of the President during his/her absence. (c) Shall assist the president in the discharge of his /her duties. (d) Shall perform any other duty as assigned by the President as long as it is not detriment to the union. (e) Shall be appointed to act as Trustee during the Trustees" absence. (f) Shall be the Chairperson of the Disciplinary Committee ‘GENERAL SECRETARY {a) Shall be elected at the National Congress and eligible for re-election for the same Post for strictly two terms. (b) Uphold the Constitution principles and integrity of the Union.(c) Be responsible for the administration, co-ordination,communication and ‘Supervision of all works and duties in servicing members. (d) Be the Secretary of all Union meetings. (e) Keep all minutes, files,records,correspondances and archives of the Union. (f) Shall attend all National meetings . (6) Shall issue press statements after consultation with the President. (h) Shall be the advisor of all the committees, TIO} (a) Shall be elected at the National Congress and eligible for re-election for the ‘same post for strictly two terms. (b) Shall be responsible for keeping proper books of accounts, (c) Submit up to date income and expenditure statements open and maintain bank accounts as approved by the National Executive Committee, (4) Compile financial reports and cooperate with the Auditors of the Union, (e) Be responsible in ensuring the settlement ofall debts and accounts due to be paid by the Union. (f) Shall be responsible for follow up of monies owed to the Union, ‘TRUSTEES: (2) Shall be unpaid officers elected at the National election for strictly two terms only. (b) Shall be responsible in conjunction with the Treasurer Capital Expenditure, {c) inspect and make rey Congress and shall be eligible for re- for approval of revenue and Procurement of assets and custody of Union property. Ports on the management and care of all the property of the Union annually and as required by the National Executive Council. (a) Manage and administer the affairs of the Union in the event of incapability of the Union Until such a time as the Union is able to properly function, (6) Be responsible for the distribution of the Union to creditors, working class organizations and welfare institutions catering for the working class upon dissolution of the Union. (f) Recommend timeous and spot audit of finances. (6) In the Trustees absence the Vice President sh: the Trustee. (h) In order to have above functions fully observed any complaint in any court of law affecting or concerning the funds of the Union or claims or rights due to or by the Union for purpose to sign and complete any necessary documents and to engage any legal Practitioner on behalf of the Union. all be appointed to carry out the duties of MIN. OF LAB; SERVICES (1 | ADMINISTRATION) (REGISTRATION) 414 MAR 20% Nise:(TIONAL O} (2)Shall be elected at the National Congress and eligible for re-election for strictly two terms, (b) Be responsible for organizing national events with regard to Trade Union education training, information dissemination organizing and recruitment of new members. (c) Be responsible for handling and solving member's grievances and disciplinary Proceedings and also appointing experienced members and officials to such. (4) To fulfil the aims and objectives of the Union, by mobilizing and promoting worker's interests, (e) Ensure proper communication takes place between Head Office ,National Executive Members Branches and members in general. (f) To establish Branches ,sub branches and other committees within the structure of the Union. (8) To do all such other things as are in the interest of the Union, consistent with principles “policies and the constitution as assigned by the general secretary. (h) Shall preside over training programmes. {i) Shall report to the General Secretary and work in the capacity of the General Secretary during his absence. ARTICLE 18 IP :TIES FO! OFFICIAL fin the opinion of the entire National Executive Committee an office bearer has conducted him/herself in a manner that is detrimental to the interest of the Union and its members, it ‘may resolve to remove him/her from office if he/she commits the following misconducts or impose such other penalties as it sees fit. (2)He/She ts convicted/has been convicted of an offence that involves dishonesty fraud and theft. (b) He/She is involved in any other offence which contravenes the policies,principles,aims and objectives of the Union. MIN. SERVI ADMINISTRAT 114 MAR 20 PBAG CY 7707, C, ZIMBAB)(c) Brings the Union into Disrepute, (d) He/She willfully fails to carry out his/her duties or acts in contravention of the constitution and the standing orders, (e) Deliberately misrepresent/misinterpret the constitution to score personal goals against the spirit of the Union, {f) He/She has been proven disloyal to the principles, objectives and values of the Union. (8) No person shall be eligible for Election or appointment to any office In the Union if at ‘one such time a person has been convicted of an offense involving dishonest, fraud and theft. (h)Notwithstanding anything contained in the above, in the case of office bearers or officers who serves the Union, the disciplinary committee shall take such measures as it sees fit in concurrence with the National Executive Committee. 2.001 JON OF THE DISCIPI (a) The disciplinary committee shall consist of four members of the National Executive Committee and chaired by the Vice President. (b) The Branch disciplinary committee shall consist of four members of the Branch and shall be chaired by the Branch Vice Chairperson. {c) All appeal cases to be heard within one calendar month, (4) All appeal cases from aggrieved National Executive Members shall be forwarded to the National Council, (e)if the Committee believes that the Chairperson or any other member of the Disciplinary Committee has reasonable grounds (such as personal interest in the matter before the Disciplinary Committee or close friendship/grudges with the accused member) he/she shall: 1)Recluse him/herself from the case 2)He/She shall be reclused by the committee. 3) The Disciplinary committee shall proceed with the case by appointing an interim Chairperson who shall have a casting Vote. ARTICLE 19‘SUB COMMITTEES ‘THERE SHALL BE EIGHT SUB COMMITTEES OF THE NATIONAL EXECUTIVE AS FOLLOWS 1. Executive Committee/Management Committee 2. Legal/Disciplinary Committee 3, Finance and Procurement Committee 4, Projects Committee 5. Health and Safety committee 6. Education and Organising Committee 7. Gender Committee 8. Audit Committee Management of the Union affairs {a) The Management of the Union affairs shall be vested in the Executive committee consisting the Following persons elected at the National Congress and answerable to the National Executive Council under the guidance of the Advisory Council, -President ~Vice President -General Secretary “Treasurer “Trustees (2) -National Organizing Secretaries (2) {b) Powers and functions of the National Executive Committee 1) To carry out day to day running of the Union 2) To decide what posts to create or terminate for effectiveness of the Union. 3) To engage, determine employment terms and conditions of the Union employees 4) To open, operate and close bank accounts on behalf of the Union and generally control the funds and finances of the Union. 5) To borrow, raise and invest monies and funds of the Union . 6) To institute or defend Legal proceedings on behalf of the Union. 7) To acquire, lease, dispose and let any movable or immovable property of the Union. 8) Discharge any employee in terms of the Law. 9) Shall meet once every month or as and when the need arises.(¢) To do such things as in the opinion of the National Executive Council appear to be in the interest of its members and which are not inconsistent with the provisions of this constitution. RTIC ind Be (a) A branch of the Union shall be established at any Energy Undertakings, provided ‘that where the potential membership is less than thirty they shall be Permitted to form a Sub-Branch. Where a Sub Branch is formed/established they shall have the ight to send a delegate to the Congress. (b) Branch Committee shall consist of; ~Chairperson -Vice Chairperson “Secretary -Deputy Secretary “Treasurer Organising Secretary -Committee Members (2) (c) The National Executive Council shall have Jurisdiction over the conduct policy of the National Executive affalrs . The branch shall not resolve to do anything which is inconsistent with the decision and Council or provision of this Constitution and its by- laws. (6) The branch shall meet once a month and as and when circumstances call for ita majority of members shall constitute a quorum. A committee member who falls to attend branch meetings for three consecutive meetings shall have his Post nullified on that third sitting. (4) Other Branch members shall be co-opted to fil the vacancy (e) Branch general meetings shall be held at least every three months and an Annual General Meeting shall be held every January. Decisions at the ‘meeting shall be taken by a Majority Vote, (f) Every Branch shall elect National Executive Members bya secret ballot. (g) Minutes shall be kept by the secretary and in the Branch file for conveyance to the General Secretary and the National Organisers, FUNCTIONS OF THE BRANCH VICES (DEI ADMINISTRATION) (REC 444 MAR 2019 | niniainne athe BR BAG CY 7707, Ci ABW TEL: ©4) To manage the affairs of the Union at the establishment. 2) To ensure that proper communication takes place at Head office ‘through National Executive Representatives. 3) To deal with Labour disputes at establishment level. 4) To deal with members grievances so as to protect their labour security and generally to to do all such things as in the Interests of the Union and its members. WOMEN'S COMMITTEE 1. There shall be a women's committee at branch and National levels whose National Chairperson and Secretary shall be members of the National Executive Council. 2. The Office bearers shall be as follows; (2) Chairperson (b) Vice Chairperson (c) Secretary (d) Vice Secretary (e) Treasurer (f) Organising Secretary {g) Committee Members(2) 3. The Office bearer’s elections shall be held after THE National Congress ‘through a secret ballot. 4. Their National meetings shall be held every three months of the year. 5. Their main function shall be to look into issues affecting women in the area of coverage by ESWUZ, 6. The administration of the Women’s committee shall follow the structure of ESWUZ National Executive Council. 7. The ESWUZ General Secretary shall be a member of the Women’s Committee for advisory purpose, 8. The Womens Committee shall send Two delegates to the National Congress ie Chairperson and Secretary. YOUTH COMMITTEE1. There shall be a Youth's Committee at Branch and National levels whose Chairperson and Secretary shall be a member of the National Executive Council. 2. The office bearers shall be as follows; a)Chairperson b)Vice Chairperson ©) Secretary d)Vice Secretary e)Treasurer ‘Organising Secretary 8) Committee Members 3. The Office bearers elections shall be held after The National Congress through a secret ballot 4, Their meetings shall be held every three months of the year. 5. Their main function shall be to look into the Issues affecting the Youth in the area of coverage by ESWUZ. 6. The administration of the Youth Committee shall follow the structure of the ESWUZ National Executive Council. 7. The ESWUZ General Secretary shall be part of the Youth Committee for advisory Purpose. 8. The Youth Committee shall send two delegates to the National Congress ,the Chairperson and Secretary ARTICLE 21 ‘Union Finance 1, The Funds of the Union shall be applied solely for the furtherance of the Union's aims and objectives. The control of the Union's finance shall be vested in the National Executive Committee 2. All Cheques in respect of the Union's current account shall be co-signed by the following persons; “TreasurerGENERAL SECRETARY.. ~General Secretary President ~Any other Executive member delegated by the National Executive Committee. 3. Internal and External Audit shall be held after six months for the former and annually for the latter. 4. Audited statements shall be availed to the structures for Inspection. ARTICLE 2 The Union may dissolve subject to: (a)The requirement of the law {b)A resolution of the National Congress provided that at least three quarters of the delegates vote in favour thereof. (c) Once the decision has been made the National Executive Council must appoint a liquidator to effect the dissolution. (d) The liquidator must be vested with all the necessary powers to: 1. Pay the Union debts 2. Dispose off its assets and, 3, Generally wind up all the Union's affairs. (e)None of the Union assets shall be distributed to members upon dissolution other than to discharge any indebtedness to the members. Incay In the event of the Union becoming insolvent, the trustees shall administerthe affairs of the Union. The Trustee shall be held llable for the debts incurred by the Union. The Trustee shall be compensated for the expenditure incurred during administering of such an affair. + /, SIGNED AT HARARE ON THE LE. oF YA: