NADEL is an organisation of lawyers, legal practitioners and students committed to adhering to and upholding the principles and values of the Association and to the realisation of the goals and objectives as set out in the Constitution of the Association
In the early 1960s the pervasive call that reverberated throughout the continent was “Africa for the Africans.” In South Africa the call did not go unheeded and subsequently led to a split in the ANC and the formation of the PAC. This was probably the first defining moment in our struggle after 1960.
The banning of the ANC and the PAC closed down the space for political activity inside the country for more than a decade and forced the political struggle to be continued by other means. The first sign of internal political activity was the workers strike in Durban in 1973 and this was followed by the events of 1976. To contain the surge in political activity and probably undermine the justification for the armed struggle, the National Party created the impression of change through a pseudo representative platform, the tri-cameral parliament, which was directed at the Coloured and Indian populations and the creation of homelands for the African majority. The formation of the United Democratic Front (UDF) in 1983, which included all race groups, put paid to the tri-cameral parliament and the Nationalist strategy of containment and rule by division on ethnic lines. The struggle was once again re-defined between two major protagonists - the Nationalists and their acolytes (tri-cameral parliament and homelands) and the liberation movements (ANC, PAC, Azapo, Unity Movement and the worker and civic organisations aligned to these liberation movements).
The declaration of a State of Emergency in 1985 was the final throw of the dice by the National Party to put an end to political activity by force. But the seeds of renewed resistance that were sown in the early 70s had taken root throughout the country. The fear factor was removed and more space was created inside the country for legal political activity. The ANC and PAC used the opportunity of space to encourage the creation of new organisations - the Mass Democratic Movement and the Pan Africanist Movement respectively. Nationalist rule under a continued State of Emergency could not stem the unstoppable tide.
The third defining moment was a cluster of events – the meeting between Chris Heunis (Nationalist Party minister) and the ANC, the Canon Collins Memorial Lecture by ANC leader, Oliver Tambo, in London in 1986 and the Childrens’ Conference in Harare in 1987. At these meetings and the subsequent constitutional proposals that were put out in 1988, the ANC gave a strong signal of its preference for a negotiated settlement. The Southern African leaders were also very persuasive in unifying the position of both the ANC and PAC towards a negotiated settlement in South Africa, more especially in light of external international political developments.
NADEL was born and operated in this environment.
FORMATION OF NADEL
Liberation movements used political trials as a means to advance the objectives and legitimacy of the struggle. At an operational level, the legal platform gave a measure of reassurance to activists in the country and cadres from outside that they would always be able to call on lawyers when the need arose.
In 1985 the Mass Democratic Movement decided to organise the legal fraternity to meet these two main objectives – protection and publicity. Towards the end of 1986 a third objective was added- organisation of the legal fraternity in preparation for a new order.
In practically every sphere of civic activity, political alignment and allegiance were the operative factors and turf battles among the liberation movements surfaced from time to time. This was evident in sport, culture and the labour movement. Any effort to organise the legal fraternity was not expected to be any different.
At the time of the formation of NADEL there were two lawyers organisations already in existence – Lawyers for Human Rights (LHR) and the Black Lawyers Association (BLA). They operated in two different constituencies and with fundamentally different objectives. The LHR substantially challenged the deprivation of the freedom of movement. A substantial part of their work was the defence of people charged under the Group Areas Act and for Pass Law offences. LHR also became the defender of challenges brought to the fore by the Black Sash Movement. In the main the LHR operated within the existing legal framework. It was a body of mainly White lawyers who were willing to offer free legal service to people and organisations whose freedom of movement was curtailed. The BLA, on the other hand, focused on ways and means of challenging and changing the system. In the various projects of the BLA the central objective was to fight for the restoration of human dignity to the Black man. In the legal fraternity itself the lack of mutual respect between Black and White colleagues was evident.
A group of individual lawyers aligned to the Mass Democratic Movement formed a Steering Committee under the acronym SAADEL (South African Association of Democratic Lawyers). Members of the Steering Committee included the late Dullah Omar, Pius Langa, Mathole Motshekga, Mahmood Kajee, Ismail Ayob, Krish Govender, Silas Nkanunu and Krish Naidoo.
At the inaugural meeting of SAADEL in Durban in 1986 the only order of business was the need to form another lawyers’ organisation. After a weekend of deliberations it was decided that the SAADEL Steering Committee would work as a pressure group and engage both the LHR and BLA with a view to forming a single strong lawyers organisation.
Meetings with the LHR were relatively easy and within a few months a co-operative agreement was reached in terms whereof the LHR agreed to join the initiative to form a single lawyers organisation.
In the case of the BLA there were a few obstacles. The first was the inclusion of the LHR. The view expressed by the leaders of the BLA was that SAADEL and the BLA should join forces and then absorb the LHR on our terms. The second obstacle was that the BLA considered SAADEL to be a pressure group and not an organisation with a defined membership as was the case with the BLA. Consequently, it was argued that SAADEL members should join the BLA as individuals. The third obstacle, which was not spoken about in open forum, was the issue of political alignment. I recall having several discussions with leading BLA members on the need to include the LHR at inception and not at a later stage.
The meetings between SAADEL and BLA went on for a few months and the Steering Committee of SAADEL was extended to include representatives from the BLA. Ultimately it was decided to form a single lawyers’ organisation and a constitution was drafted in preparation for the launch of the organisation.
At the inaugural meeting in Durban in 1987 the name of the organisation was changed to National Association of Democratic Lawyers and the acronym NADEL was adopted. It was apparent at the meeting that the house was split on ideological lines. There were efforts prior to and during the meeting to seek a compromise on the composition of the National Executive Committee of NADEL but to no avail. Ultimately, all the positions on the NEC were filled by members of the BLA. What was significant, however, was that the BLA did not dissolve as an organisation.
FUNCTIONING OF NADEL IN THE EARLY YEARS
Despite this development, the Mass Democratic Movement component did not form another organisation. The strategy agreed upon was to recruit more members into NADEL and hopefully make an impact at the next BGM which was scheduled for 1989. NADEL, under the BLA, continued with the programmes of the BLA, and never really embraced or implemented the objectives and programmes of NADEL.
At the BGM in Cape Town in 1989 the house was once again divided on ideological lines. This time however, the lawyers aligned to the MDM had come in force and there were several members from LHR present. At the outset, two key amendments were effected to the constitution – those present would be eligible to vote and, second, voting would take place by a show of hands.
As expected the MDM aligned members won the day and filled all positions on the NEC. Prior to the elections there was a serious effort to achieve a compromise with BLA and include some of its members on the NEC by consensus. The BLA declined this offer and withdrew from NADEL prior to the elections. Pius Langa was elected President with Dullah Omar as his deputy. The one person who was not very thrilled with this victory was Nelson Mandela. He wrote me a letter suggesting that the first task of NADEL should be to win back the BLA. But the rapid developments on the political landscape and the entrenched ideological lines between the liberation movements, at least inside the country, negated such an outcome.
At that stage some of us were aware of the initiatives to release Nelson Mandela and other political prisoners. Consequently NADEL threw its weight being the initiative for the release of political prisoners and used its platform to pronounce on a variety of issues and challenges facing the liberation movements at the time. Anything that could advance the liberation struggle fell within the purview of NADEL and it seems that this tradition has remained with the organisation.
CONSTITUTION
OF
THE NATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS
(NADEL)
Table of Contents
PREAMBLE 1
1. NAME: 2
2. AIMS AND OBJECTIVES: 2
3. STRUCTURES OF THE ASSOCIATION: 2
3.1 BRANCH LEVEL: 2
3.2 NATIONAL LEVEL: 3
4 BRANCH LEVEL: 3
4.1 ESTABLISHMENT OF BRANCHES 3
4.2 BRANCH GENERAL MEETINGS (“BGM”) 3
4.3 BRANCH EXECUTIVE COMMITTEE (“BEC”) 4
4.4 VACANCIES 5
5 REGIONAL LEVEL: 5
5.3 REGIONAL COUNCIL (“RC”) 6
6. NATIONAL LEVEL: 6
6.1 NATIONAL ORGANISATION 6
6.2 GENERAL COUNCIL 6
6.3 MEETINGS 6
6.4 RESOLUTIONS 7
6.5 QUORUM 7
6.6 MINUTES 7
6.7 POWERS 7
6.8 NATIONAL EXECUTIVE COMMITTEE (NEC) 8
6.9 VACANCIES 10
6.10 NATIONAL OFFICE-BEARERS AND OFFICIALS 10
6.11 ELECTION OF NATIONAL OFFICE-BEARERS 10
6.12 DUTIES OF NATIONAL OFFICE-BEARERS 11
7. RULES OF PROCEDURE AT ASSOCIATION MEETINGS: 13
8. MEMBERSHIP: 13
8.1 ELIGIBILITY 13
8.2 CATEGORIES OF MEMBERSHIP 13
8.3 TERMINATION OF MEMBERSHIP 14
9. STATUS: 14
10. HEAD OFFICE: 14
11. REMOVAL FROM OFFICE OF OFFICE-BEARERS: 14
12. INDEMNIFICATION OF OFFICIALS, OFFICE-BEARERS AND COMMITTEE MEMBERS: 14
13. DISPUTES: 15
14. AMALGAMATION AND MERGER: 15
15 DISSOLUTION: 15
16 AMENDMENTS: 15
17 OFFICIALS: 16
17.1 EMPLOYMENT 16
17.2 STATUS 16
18 DISCIPLINE: 16
19. APPLICATION FOR MEMBERSHIP: 17
20. SUBSCRIPTIONS: 17
21. FINANCE: 17
22. LEVIES: 18
23. NOTICES: 18
24. MANDATORY BALLOTS: 18
25. INTERPRETATION OF THE CONSTITUTION 18
26. GENERAL 19
CONSTITUTION OF
THE NATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS
(NADEL)
PREAMBLE
WHEREAS the Constitution of South Africa, Act 108 of 1996, is the Supreme Law of the Republic of South Africa;
AND WHEREAS we recognise, respect and honour those who have sacrificed, suffered and worked tirelessly towards the realisation of the rights, aspirations and values as contained in the Constitution of this Association as well as those in the Constitution of the Republic of South Africa;
AND WHEREAS we recognise, respect and honour those who have sacrificed, suffered and worked tirelessly towards the formation of this Association;
ACCORDINGLY WE HEREBY COMMIT OURSELVES to adhering to and upholding of the principles and values of this Association and to the realisation of the goals and objectives as set out in the Constitution of this Association and those set out in the Constitution of the Republic of South Africa; in particular we recommit ourselves to:
(a) meaningfully and assiduously strive for a truly democratic and just society, free from oppression and exploitation; and
(b) combat and prevent all instances of injustice, malpractice and unfair discriminatory practices based on race, colour or creed.
NOW THEREFORE IN DEDICATION TO THE ABOVE BELIEFS AND COMMITMENTS WE HEREBY CONFIRM OUR COMMITMENT TO PROMOTE, UPHOLD, SUSTAIN AND DEVELOP THIS, THE NATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS (NADEL), INCLUDING ANY PROJECTS CONDUCTED UNDER OR IN ITS NAME.
PART 1
1. NAME:
The name of the Association shall be:
The National Association of Democratic Lawyers - (“NADEL”).
2. AIMS AND OBJECTIVES:
The aims and objectives of the Association shall be:
2.1 To uphold and to strive for the fulfilment and attainment of the beliefs and commitments in the preamble.
2.2 To develop, promote and sustain a system of law, which shall be fair, just, equitable, accessible to and understood by all.
2.3 To support and promote the African Charter on Human and People’s Rights, the United Nations Declaration of Universal Human Rights and any other such * instruments / documents consistent with the aims and objectives of this Association.
2.4 To affiliate to any organisation, local or international, having aims and objectives consistent with those of the Association provided that such affiliation shall be first approved by the General Council.
2.5 To render, and co-ordinate the rendering of, legal assistance to persons and organisations involved in matters affecting inter alia human rights.
2.6 To assist members in matters relating to and arising from their professions.
2.7 To assist those who wish to study, research, practice or teach law either through financial grants, law clinics or other institutions.
2.8 To promote the study of and research into transformation of the legal profession, including the judiciary, magistracy.
PART 2
3. STRUCTURES OF THE ASSOCIATION:
The Association shall operate at the following levels of organisation:
3.1 BRANCH LEVEL:
3.1.1 Branches General Meeting (“BGM”)
3.1.2 Branch Executive Committee (“BEC”)
3.2 NATIONAL LEVEL:
3.2.1 General Council (“GC”)
3.2.2 National Executive Committee (“NEC”)
4 BRANCH LEVEL:
4.1 ESTABLISHMENT OF BRANCHES
4.1.1 There shall be branches in each province with each branch comprising of at least ten (10) members, provided that the GC may sanction the formation of a branch comprising fewer members.
4.1.2 There shall be no more than one (1) branch in a town or city provided that the GC may sanction the formation of more than one branch in a town or city.
4.1.3 The GC may sanction the formation of a branch whose members are from more than one (1) town or city.
4.1.4 The NEC shall have the right to depute one or more of its members or any officials to investigate the affairs of any branch at any time and shall notify the branch concerned of the reason therefore. Such deputies shall have access to all the records of the branch and the power to make copies of the records of the branch and the power to take copies of the records into custody for consideration by the NEC.
4.2 BRANCH GENERAL MEETINGS (“BGM”)
4.2.1 Composition
The BGM shall be composed of all ordinary members of the Association living or practising within the area covered by the branch.
4.2.2 Meetings
(a) The BGM shall meet at least once every three (3) months.
(b) Notice of every Branch Meeting with an agenda shall be provided to the ordinary members of the branch.
(c) A quorum for BGM shall be at least twenty five percent (25%) of the ordinary members in the branch. In the event of there not being a quorum the meetings shall stand adjourned and shall be reconvened within fourteen days (14) and notice of such adjourned meeting shall be provided by the Branch Secretary to ordinary members in the branch. At such adjourned meeting the members present shall form a quorum.
(d) Minutes of all meetings of the BGM shall be submitted for approval at the following meeting. Copies of minutes of BGM shall be sent to the General Secretary and Regional Secretary by the Branch Secretary within thirty (30) days of it being approved.
4.2.3 Powers
(a) A BGM may, subject to the direction of the national and regional bodies, decide on all matters concerning the branch and may submit resolutions to the RC, GC and NEC.
(b) A BGM shall have the power to discipline members as set out below.
4.3 BRANCH EXECUTIVE COMMITTEE (“BEC”)
4.3.1 Composition
(a) The BEC shall comprise of not more than fifteen (15) ordinary members elected every year at the AGM of the branch from among its members.
(b) The branch office bearers shall be at least the Chairperson, Vice-Chairperson, Branch Secretary and Branch Treasurer elected by the BGM at the same meeting at which the BEC members are elected.
4.3.2 Meetings
(a) The BEC shall meet at least once a month.
(b) A quorum for BEC meetings shall be a majority of the executive members members.
(c) Copies of minutes of BEC meetings shall be approved at the BGM.
4.3.3 Powers
(a) Subject to direction from the BGM, NEC, and the GC and where applicable National bodies, the BEC shall be responsible for the day to day administration of the Branch.
(b) The BEC shall ensure that all monies collected by the branch and due to the National Treasurer are properly receipted and forwarded to the National Treasurer.
(c) The BEC shall report regularly to the NEC on any disputes or problems that have occurred within the branch.
(d) The BEC shall act as a link between members in that branch and the rest of the Association.
(e) Application for membership shall be tabled at the meetings of the BEC for consideration and/or approval.
(f) The BEC shall have the power:
• To reprimand members and to recommend disciplinary action by the BGM.
• To acquire by purchase, lease or otherwise or to dispose of any property or to hold same on behalf of the branch subject to ratification by the BGM.
• To open and operate a bank account in the name of the branch.
• To do such other things as in the opinion of the BGM appears to be in the interests of the Association and which are consistent with the terms of this Constitution.
4.4 VACANCIES
4.4.1 A member of the BEC shall vacate his/her office or seat in any of the following circumstances:
(a) On resignation, suspension or expulsion from membership of the Association;
(b) On ceasing to be eligible to be a member of the Association, or ceasing to be a member of the Association in good standing;
(c) By decision of the BGM;
(d) On absenting himself/herself from three (3) consecutive meetings without sending an apology acceptable to the BEC;
(e) On being elected President of the Association, provided that he/she shall be entitled to sit as an ex-officio member of the BEC.
4.4.2 Vacancies occurring on the BEC shall be filled by election of the members of the BGM from amongst them.
5 REGIONAL LEVEL:
5.1 The Association shall operate throughout the Republic of South Africa in such regions as the GC may determine.
5.2 The NEC shall have the right to depute one or more of its members or any officials to investigate the affairs of any region and/or branch at any time and shall notify the region / branch concerned of the reason therefore. Such deputies shall have access to all the records of the region / branch and the power to take copies of the records into custody for consideration by the NEC.
5.3 REGIONAL COUNCIL (“RC”)
5.3.1 Branches in a region may request the NEC to constitute a Regional Council (RC) for such purposes and in such form as the NEC may deem fit.
5.3.2 The provisions of this Constitution relating to notice and agendas for minutes of meetings in respect of branches shall mutates mutandis apply to RCs.
6. NATIONAL LEVEL:
6.1 NATIONAL ORGANISATION
The control of the Association nationally shall be vested in the following bodies in the order of supremacy:
6.1.1. General Council (GC)
6.1.2. National Executive Committee (NEC)
6.2 GENERAL COUNCIL
The GC shall be the supreme governing body of the Association.
6.2.1. Composition
The GC shall be composed of:
(a) A minimum of one (1) representative per branch;
(b) Each branch shall have one (1) additional representative for every ten (10) members;
(c) The members of the NEC.
6.3 MEETINGS
6.3.1. The GC must be held at least once a year. At the Annual GC national office bearers shall be elected and reports on the activities of the Association shall be received.
6.3.2 The NEC shall determine the number of delegates to which each Branch is entitled and shall cause each Branch to be notified of the date and venue of the GC.
6.3.3 Special meetings of the GC may be called by the NEC on fourteen (14) days written notice to Branches. Representatives at such special GC shall be as determined by the NEC for the previous ordinary GC.
6.4 RESOLUTIONS
Only the following resolutions may be considered at GC’s:
6.4.1 Resolutions from Branches, Regions, or the NEC which have been circulated in writing to all branches and regions and the head office at least fourteen (14) days prior to the GC;
6.4.2 Resolutions on current topics and which the GC agrees to debate;
6.4.3 Any motion of consideration or no confidence in any office-bearer or official of the Association.
6.5 QUORUM
The quorum for the GC shall be a majority of delegates eligible to be present provided that at least two-thirds of the branches are represented. In the event of there not being a quorum, the meeting shall stand adjourned and shall be reconvened within a period of eight (8) weeks. At such adjourned meeting the members present shall form a quorum. Four (4) weeks written notice of such adjourned meeting shall be given to all regions and branches.
6.6 MINUTES
Minutes of the GC shall be sent to each region and branch by the General Secretary or a nominee of the NEC for that purpose, within four (4) months of the GC and shall be read and approved at the following annual GC.
6.7 POWERS
The GC shall:
6.7.1 Decide on all matters submitted to it for consideration. A special GC shall decide on the matter for which the special GC was called;
6.7.2 Have all the powers vested in the NEC;
6.7.3 Have the right to vary or reverse any decision of the NEC or of any regional or branch meeting;
6.7.4 Consider and/or decide, in addition to any other matters which may be submitted to it for consideration, on the following:
(a) An annual report on the activities of the Association by the President and the General Secretary;
(b) A financial report presented by the Treasurer and the approval of the auditor’s reports and the financial statements of the Association for the financial year;
(c) Resolutions;
(d) Once a year at the annual GC, elect the NEC;
(e) Any matter which the GC agrees to discuss.
6.7.5 Whether or not to establish, re-establish or close down branches and/or regions and define the boundaries of such branches/regions.
6.8 NATIONAL EXECUTIVE COMMITTEE (NEC)
The administration of the Association shall be vested in the NEC subject to the direction and control of the GC.
6.8.1 Composition
The NEC shall consist of a President, a Vice-President, , the General Secretary, an Assistant General Secretary, a Publicity Secretary, a National Treasurer, an Assistant Treasurer, a member of the NEC responsible for the Gender Matters Desk and such other additional members as the GC deems necessary and expedient, provided that:
(a) As far as practical and possible, each branch may be represented on the NEC; and
(b) That the NEC shall have the power to co-opt up to two (2) additional members of the Association after consultation with the branches.
6.8.2 Meetings
The NEC shall meet at least once every (3) months at such time and place as the President in consultation with the General Secretary may decide. Special NEC meetings may be called by the President and shall be called on a requisition by not less than one-third of the members of the NEC. In the latter event the meeting shall be convened within fourteen (14) days of receipt of the requisition by the President or General Secretary.
6.8.3 Notice
The General Secretary or a nominee of the NEC shall send to members of the NEC and all others entitled to attend not less than seven (7) days written notice of meetings. Such notice shall specify the time and the place and shall include an agenda.
6.8.4 Quorum
The quorum for meetings of the NEC shall be a majority of members. In the event of there not being a quorum the meeting shall stand adjourned and shall be reconvened within a period of two (2) weeks. At such adjourned meeting the members present shall form a quorum. One (1) week’s written notice of such adjourned meeting shall be given to all NEC members.
6.8.5 Minutes
Copies of minutes of NEC meetings shall be submitted for approval at the following NEC meeting and shall be sent to each Branch Secretary by the General Secretary or a nominee of the NEC as soon as possible after the meeting and in any event within thirty (30) days.
6.8.6 Powers
The NEC, subject to the provisions of this Constitution, shall have the power:
(a) To co-ordinate the activities of the Association, and to promote the interests of the Association and its members generally;
(b) To decide what employment posts should be created, maintained or terminated for the effective running of the Association;
(c) To engage and dismiss any employees of the Association, to fix their remuneration and other conditions of employment and to define their duties;
(d) To nominate and elect persons to represent the Association on any body constituted in terms of any law or any other body on which it is desired that the Association shall be represented;
(e) To institute and defend legal proceedings by or against the Association, or any of its members;
(f) To acquire or dispose of either by purchase, lease, sale or otherwise any movable or immovable property;
(g) To open, operate and close banking accounts on behalf of the Association and generally to control the funds and finances of the Association;
(h) To borrow, raise, invest monies and funds and to allocate funds to the regions and branches; and to sanction all expenditure on behalf of the Association;
(i) To conclude any agreements it deems necessary;
(j) To review any decision of any branch, REC or RC and to confirm, amend or reverse such decision;
(k) To provide legal assistance to members on matters related to their practice;
(l) To decide all matters of procedure on which this Constitution is silent.
6.9 VACANCIES
6.9.1 A member of the NEC shall vacate his/her seat in any of the following circumstances:
(a) On resignation, suspension or expulsion from membership of the Association;
(b) On ceasing to be eligible to be a member of the Association;
(c) On absenting himself/herself from three (3) consecutive meetings without sending an apology acceptable to the NEC;
(d) In the case of a co-opted member, if the NEC should so decide.
6.9.2 Vacancies on the NEC shall be filled by appointment of a new member by the NEC from amongst themselves on a temporary basis and shall be properly filled at the next GC
6.9.3 A member elected to fill a vacancy shall hold office for the unexpired portion of the period of office of his/her predecessor.
6.10 NATIONAL OFFICE-BEARERS AND OFFICIALS
The National Office-Bearers of the Association are the members of the NEC who shall hold office until the next annual GC and shall be eligible for re-election subject to any provisions contained in this Constitution.
6.11 ELECTION OF NATIONAL OFFICE-BEARERS
6.11.1 The President and Vice President shall be elected from among the membership of the Association.
6.11.2 The GC shall elect the remaining portfolio holders.
6.11.3 Should any one branch not have a member on the NEC after the above elections, its members may nominate a member to be elected as a branch representative.
6.11.4 The following procedure will apply in respect of each election:
(a) By nominating of a candidate, which nomination shall be duly seconded;
(b) Ballot papers, in the event of a secret ballot, shall be prepared with names of all candidates for the position.
(c) Each GC delegate present shall have one (1) vote for each post, which may either be cast by ballot or show of hands, whichever method the GC may decide.
(d) After the votes are cast, the scrutineers shall determine whether any candidate shall be declared duly elected. The candidate with the majority of votes shall be declared duly elected. If not, further rounds of voting or secret balloting, as the case may be, shall be held but in each round, in the case of secret balloting, the names of those candidates who received the least votes and whose votes when combined with each other do not exceed the number of votes obtained by the leading candidate, shall be eliminated from the following round of the ballot.
(e) The results of each round of balloting shall be disclosed to the GC before the following round is commenced.
(f) Office-bearers shall be elected in the following order:
• President
• Vice President
• General Secretary
• Assistant General Secretary
• National Treasurer
• Assistant Treasurer
• Publicity Secretary
• Such others as the GC deems fit to elect.
(g) The newly elected National Office-bearers shall take office from the closure of the GC at which they are elected.
6.12 DUTIES OF NATIONAL OFFICE-BEARERS
6.12.1 President
The President shall attend all GC and NEC meetings and preside at such meetings but shall have no vote at the GC and a deliberative vote only at NEC meetings.
6.12.2 Vice President
The Vice President shall assist the President in performing his/her duties and shall perform such duties of the President as are delegated to him/her/them. The Vice President shall assume the duties of the President in the President’s absence.
6.12.3 Acting President
In the event of both the President and the Vice President being unable either temporarily or permanently to perform their duties the NEC shall appoint a member of the NEC to act as President who shall hold office until the President or the Vice President is able to assume his/her duties or until the next election as the case may be.
6.12.4 Treasurer
The Treasurer shall:
(a) Keep proper books of account;
(b) Ensure that the books of accounts are audited annually;
(c) Have the right to inspect all records relating to the finances and books of account of the Association; including branch and regional books of account;
(d) Submit statements of income and expenditure of the Association’s national accounts to each meeting of the NEC and in respect of each annual period to the GC.
6.12.5 Assistant Treasurer
The Assistant Treasurer shall assist the Treasurer in performing his/her duties and perform such duties of the Treasurer as are delegated to him/her. The Assistant Treasurer shall assume the duties of the Treasurer in the Treasurer’s absence.
6.12.6 Publicity Secretary
The Publicity Secretary shall attend to the publication and dissemination of the affairs and views of the Association
6.12.7 General Secretary
The General Secretary shall be responsible for the proper administration and co-ordination of the Association, including the duties to:
(a) Supervise the work of the officials of the Association;
(b) Perform such other duties as the NEC may direct;
(c) Report fully to each GC and NEC meeting on all aspects of the Association’s activities;
(d) Ensure that a register of members is maintained.
6.12.8 Assistant General Secretary
The Assistant General Secretary shall assist the General Secretary in performing his/her duties and perform such duties of the General Secretary as are delegated to him/her. The Assistant General Secretary shall assume the duties of the General Secretary in the General Secretary’s absence.
7. RULES OF PROCEDURE AT ASSOCIATION MEETINGS:
The normal rules of meeting Procedures shall apply to all Association Meetings.
8. MEMBERSHIP:
8.1 ELIGIBILITY
All persons shall be eligible for membership as set out hereunder provided that such person, body or association subscribes to the beliefs, policies and commitments referred to above.
8.2 CATEGORIES OF MEMBERSHIP
Subject to the power of the GC to exclude any person from any category of membership, there shall be three (3) classes of membership:
8.2.1 Ordinary
All lawyers who are in private and public practice, public interest lawyers, legal academicians, candidate attorneys, person serving pupillage, as well as para-legals employed at the offices of NADEL or in which a NADEL member is a partner or any other category in which para legals who in the opinion of the GC should be allowed ordinary membership and all those who in the opinion of the GC have been or are disbarred from practice on account of their political beliefs and actions are eligible for ordinary membership of the Association.
8.2.2 Associate
Any other person, body or association is eligible for associate membership of the Association provided that such a person, body or association is approved by the GC of the Association. An associate body shall participate in the Association at the branch level where it will be accorded a single vote for the members it represents in the branch’s geographical area and whose delegate may participate as a full member in the affairs of the Association.
Individuals who are associate members shall have no vote in the affairs of the Association.
8.2.3 Honorary
Any person may be invited by the GC to become an honorary member of the Association.
8.2.4 Every ordinary member shall be liable to pay a subscription which amount shall be determined from time to time by the GC.
8.2.5 Subject to the power of the GC the right to exclude any individual or any category of persons, association or group of persons from any category of membership shall prevail.
8.3 TERMINATION OF MEMBERSHIP
A member may resign by giving four (4) week’s notice in writing to the Branch Secretary provided that no resignation shall take effect until all monies due to the Association by the member concerned have been paid.
PART 3
9. STATUS:
The Association shall be a body corporate with perpetual succession capable of entering into contractual and other relations and of suing and of being sued in its own name. It shall hold property apart from its members. The liability of members shall be limited to the amount of their subscriptions outstanding or other monies due to the Association at any time in terms of this Constitution.
10. HEAD OFFICE:
The Head office shall be at such place as the GC shall from time to time determine.
11. REMOVAL FROM OFFICE OF OFFICE-BEARERS:
Besides any other provision in the Constitution for the removal of office-bearers such persons may be removed from office on the written request of at least twenty five percent (25%) of the members in good standing in the constituency in which the office-bearer has been elected or appointed. The responsible Executive Committee for the constituency shall arrange for a ballot of all the members in good standing within the constituency to determine whether they desire to have the office-bearer or official concerned removed from office. A majority vote in favour of the removal shall effect the removal.
12. INDEMNIFICATION OF OFFICIALS, OFFICE-BEARERS AND COMMITTEE MEMBERS:
The officials, office-bearers and committee members of the Association, provided that they have not acted in a manner which would constitute wilful misconduct, shall be indemnified by the Association against all proceedings, costs and expenses incurred by reason of any omission, negligence or other act done in performance of their duties on behalf of the Association and they shall not be personally liable for any of the liabilities of the Association.
13. DISPUTES:
13.1 In the event of a dispute existing between the association and any other party the association’s general secretary, or if applicable regional secretary within whose region the dispute occurs, or branch secretary within whose branch the dispute occurs, shall have the right to take legal action on behalf of the Association in respect thereof.
13.2 If such legal action is taken by a branch or regional secretary, s/he shall do so only with the written approval of the NEC.
14. AMALGAMATION AND MERGER:
In the event of the GC determining that the objectives of the Association will be better achieved by a merger or amalgamation between the Association and any other Association(s), the GC may, by majority decision, resolve to amalgamate or merge with any other Association(s). In that event, the newly formed Association shall acquire all assets and liabilities and all rights and obligations of the Association and the newly formed Association shall be the successor in title of the Association.
15 DISSOLUTION:
15.1 The Association may be dissolved at any time by the resolution of two-thirds majority of the GC if for any reason the Association is unable to continue functioning, provided that no such resolution shall be effective unless a ballot of members of the Association shall have been conducted and more than 60% of the members in good standing and participating in the ballot approve.
15.2 If the Association has been so dissolved, the following procedures shall apply:
15.2.1 The available members of the Association’s last appointed NEC shall appoint a liquidator to carry out the dissolution. The liquidator shall not be a member of the Association and shall be paid such fees as may be agreed upon between him/her and the said available members;
15.2.2 After payment of all debts, the remaining funds, if any, shall be disposed of by a decision of a ballot of the members of the Association who were in good standing as at the date of dissolution.
16 AMENDMENTS:
16.1 Any of the provision of this Constitution may be repealed, amended or added to in any manner by a Resolution of the GC, provided that at least three (3) weeks’ notice shall first have been given to each branch.
16.2 Amendments shall be effective upon a resolution being passed by the GC.
16.3 The notice period may be waived if two-thirds of delegates present and entitled to vote at a general council so approve.
17 OFFICIALS:
17.1 EMPLOYMENT
17.1.1 Officials they shall be employed by the structure they serve subject to ratification by the NEC.
17.1.2 Every newly appointed official of the Association shall serve a three (3) month probation period before that official’s appointment is confirmed.
17.2 STATUS
All officials who attend Association meetings in terms of this Constitution shall have speaking but no voting rights.
18 DISCIPLINE:
18.1 Any member or office-bearer who fails to comply with any of the terms of this Constitution or who acts against the terms of this Constitution or who acts against the interests of the Association may be disciplined by the NEC or BGM.
18.2 The NEC or BGM as the case may be, shall advise the person concerned by not less than ten (10) day’s notice in writing, of the substance of the charge and of the time and place of his/her hearing. Such notice may be sent by registered post to the last known address of the person charged or delivered by hand.
18.3 If the NEC or BGM as the case may be, is satisfied that the person charged has, though absent, received the prescribed notice, or if the person charged is present, the NEC or BGM may proceed to hear and determine the charge, and if it finds the charge proved to its satisfaction, may expel or suspend, for a definite period, the member or office-bearer from the Association and/or impose a fine not exceeding FIVE THOUSAND RAND (R5 000,00) and may suspend a member until such fine is paid.
18.4 At the hearing of the charge and in the case of an appeal, the NEC or BGM as the case may be, shall afford the person concerned an opportunity to state his/her case personally and to call members or officials of the Association as witnesses in support of his/her case.
18.5 There shall be a right of appeal from a decision of a BGM to the next meeting of the NEC and from a decision of an NEC to the next GC which shall have the power to confirm, vary or reverse the NEC’s decision. The decision of the GC shall be final.
18.6 An appeal shall be lodged in writing with the General Secretary in the case of an appeal to the NEC or GC, within ten (10) days of notification of the decision appealed against; provided that when notification of the decision has been conveyed, the person concerned shall also be advised that s/he has a right of appeal and that notice of appeal must be given in writing within ten (10) days.
18.7. A member or office-bearer shall cease to be entitled to the benefits of membership, including the right to vote, during any period while s/he is under suspension in terms hereof. An office-bearer who has been suspended shall cease to act on behalf of the Association during the period of his/her suspension.
19. APPLICATION FOR MEMBERSHIP:
19.1 Applications for admission of membership shall be made in writing to the Branch Secretary.
19.2 If admission to membership is refused by the BMC, the applicant concerned shall be notified and shall have the right to appeal up the ranks of the Association as follows, upon the refusal of his/her appeal at each level, to the BGM, to the NEC and to the GC whose decision shall be final.
19.3 Whenever an appeal is lodged, the applicant shall be afforded an opportunity to state his/her case personally to the BGM, NEC or GC, as the case may be, and may if s/he so desires call witnesses in support of any statement made by him/her.
19.4 An applicant to whom membership is refused shall be entitled to a refund of any subscription paid by him/her on application.
19.5 A member who has resigned or been expelled from the Association may be re-admitted to membership on such terms and conditions as the BMC may determine.
20. SUBSCRIPTIONS:
20.1 The national subscriptions payable by members shall be determined from time to time by the decision of the GC.
20.2 Any member who falls more than three (3) months behind in payment of subscriptions shall cease to be in good standing and shall not be entitled to any benefits of the Association.
20.3 In addition to the aforementioned subscription, a member shall also be liable for the payment of other fees or any levy imposed by the GC, or his/her BGM.
21. FINANCE:
21.1 The national funds of the Association shall be made up of all monies received by means of the national subscriptions, levies, donations, functions and in any other manner for the running of the National Association and its campaigns; and for allocation to branches or regions. Save that where the GC so decides, a portion of the national subscription may be retained by the branches.
21.2 The national funds of the Association shall be deposited in a national bank account decided upon by the NEC.
21.3 Branches and regions may raise funds in addition to the annual subscriptions, and such funds may be retained by the branch, provided that such funds are raised or levied in accordance with the Association’s policies.
21.4 If any branch or regions ceases to exist as such, its assets and liabilities shall devolve upon the National Association.
21.5 Branch and if applicable, Regional Treasurers shall prepare income and expenditure statements duly audited and approved at the annual meeting of the BGM and RC respectively.
22. LEVIES:
The NEC may at any time with the view to securing funds for any particular purpose, impose such levy as it may determine on each member provided that notice of the proposed levy has been given to all branches and provinces, and provided further that any PC or BGM may demand that a ballot of members of the Association be taken on the subject.
23. NOTICES:
No meeting shall be invalid solely by reason of the non-receipt by any person
entitled to receive the requisite notice.
24. MANDATORY BALLOTS:
24.1 Members in good standing in a constituency may in writing request that a ballot of members within that constituency be held on any issue, provided that the request shall be signed by at least 20% of all members in good standing.
24.2 On receipt of such written request the responsible Executive Committee for the constituency shall arrange for a ballot of all members in good standing within the constituency to determine the issue which shall then be deemed its policy.
25. INTERPRETATION OF THE CONSTITUTION
The responsibility for the interpretation of the terms of this Constitution or any matter arising in connection therewith shall be vested in the GC and its decision shall be final and binding.
26. GENERAL
26.1 Any matter not contained or dealt with in this Constitution shall be provisionally determined and dealt with by the National Executive Committee pending rectification by the GC at the next Annual General Meeting.
26.2 The NEC shall be entitled to put into operation rules for its effective and proper functioning, provided that those rules are not inconsistent with any provision of this Constitution.
