A. INTRODUCTION
- SAWIMA is an association whose members, out of the common desire to uplift themselves and each other have voluntary joined together and accepted a common discipline.
- The basic rights and duties of our members are therefore set out in the basic documents of the association, namely the Constitution and other related documents.
- This is a document which by its nature needs to be studied and understood by the whole membership, shall be applied as a last resort for it is the voluntary assumption of rights and duties by members which lies at the heart of all discipline.
B. CLASSIFICATION OF OFFENSES
1. GENERAL GUIDING PRINCIPLES FOR CLASSIFYING OFFENSES AND VIOLATIONS OF THE CODE OF CONDUCT
1.1 The difference between a Grave Offense and a Serious offence lie in the degree to which the offender's conduct is directed towards destroying, subverting or neutralising the effectiveness of the association. In considering whether an offence classified as grave, regard should be given both to the seriousness of the actual offence and the potential consequences of the conduct that led to the commission of the offense. Where the offence had the effect of harming the association’s personnel, property, or its capacity to achieve its objectives it shall be considered a grave crime.
1.2 The difference between a Serious offence and a Violation of Discipline shall lie in the degree of intent of the offender, the extent of the actual repetition and what would normally regarded as a breach of discipline
2. GRAVE OFFENSES AGAINST THE ASSOCIATION AND MEMBERS
2.1 Definition
Any offence aimed at damaging the integrity of the association and harming its personnel, members, property or its associational capacity shall be considered a grave offence.
2.2 Offenses
A person/s shall be charged with Grave offence against the association if with intent to destroy the integrity of the association, its personnel, property or its associational capacity, she:
- Disrupt the activities of the association;
- Creates divisions within its ranks;
- Impedes its proper functioning;
- Destroy or threatens to destroy property of the association;
- Cause grievous bodily harm,
- Does any other act calculated to undermine the effectiveness of the association.
- Is convicted in a court of law and sentenced to a term of imprisonment without the option of a fine, for an offence.
3. SERIOUS OFFENSES
3.1 Definition
Any violation of the principles of the association and standards of behavior expected of members which seriously threatens the safety, properly or good name of the association, or which substantially impedes its good functioning or which creates or is calculated to create disunity and demoralisation amongst members shall be considered a serious offence.
3.2 Offenses
A person/s shall be charged with a Serious Offense against the association if she: -
3.2.1 Acts in a way that exposes members to serious physical harm or death;
3.2.2 Deliberately destroy or behave dishonestly in relation to the property of the association, recklessly exposing it to danger or stealing from the association or members;
3.2.3 Carelessly passing on information that might be of subtantial use to opponents of the association against the association;
3.2.4 Behaving corruptly in seeking or accepting any kind of bribes for performing or not performing any task on behalf of the association;
3.2.5 Behaving in such a way as to provoke serious divisions and a breakdown of unity in the association; and
3.2.6 Persistently and without cause undermining the respect for or impeding the functioning of the structures of the association.
4. VIOLATIONS OF DISCIPLINE
4.1 Definition
Any person who breaches the standard of conduct normally expected of members, and whose behavior is not so serious as to constitute a grave or serious offence, shall be guilty of a violation of discipline.
4.2 Offenses
In addition to all the forms of misconduct mentioned in this Code of Conduct and other official documents of the association, a person/s shall be charged with Violation of Discipline for: -
- Rowdy and aggressive behaviour;
- Abusive and disrespectful behaviour towards other members;
- Carelessness in relation to property of the association, including reckless or careless use of the association's transport and unauthorised used of the associations property for personal use;
- Disrupting meetings and interfering with the orderly functioning of the association; and
- Any persistent negligent behaviour that harms or threatens to harm the association and or its members.
5. ABUSE OF ASSOCIATIONAL RULES
5.1 Abuses leading to Disciplinary Proceedings
The following acts will be regarded as an abuse of association’s rules, whether committed by individuals or groups and will be considered as behavior likely to invoke disciplinary proceedings:
5.1.1 The offer of reduced rate membership to those known by the individual or group making the offer to be ineligible for that category of membership;
5.1.2 The recruitment of members who do not reside at an address claimed, where this is done in order to manipulate branch meetings or the outcome of votes of the association votes;
5.3 Lapse of Membership
5.3.1 Members who fail to pay their subscriptions for six months and having being reminded in accordance with the provisions of the constitution, shall not be in good standing and their membership shall lapse forthwith;
- A member of the Executive at any level of the association who fails to attend two consecutive meetings of that committee without a due apology, her membership of such committee shall lapse after due process by the relevant structure - in accordance with the constitution which applies mutatis mutandis to all lower structures.
6. DISCIPLINARY PROCEDURES
6.1 Guiding Principles
The disciplinary procedures at all levels of the association shall be guided by the following principles: -
6.1.1 Discipline should not be used as a means of stifling debate, of denying members their basic democratic rights;
6.1.2 It should not be used as a means of solving private problems or as interfering in the private lives of members where the norms of the association are not directly affected, unless such conduct itself constitutes a violation or an offence affecting the association:
6.1.3 Any person faced with disciplinary proceedings shall receive due written notice of any hearing and of the basic allegations and charges against him or her and be afforded a reasonable opportunity to make his or her defense;
6.1.4 All disciplinary proceedings shall be attended to as speedily as possible.
7. DISCIPLINARY STRUCTURES
7.1 Disciplinary Structures
7.1.1 Disciplinary proceedings shall normally be conducted at the level where the alleged violation or offence took place, namely the branch, region, province or national, and may be heard by the relevant structure;
7.1.2 The NEC shall appoint a National Disciplinary Committee (“NDC”) from amongst its ranks;
7.1.3 Disciplinary committees shall be appointed at provincial and regional levels by the PEC or NEC as and when the need arises.
7.2 Rules of Procedure
7.2.1 The NDC shall draw up guidelines for the interpretation of the Code of Conduct and the rules of procedure including time limits to be followed before, during and after a hearing which shall be binding on disciplinary structures at all levels of the association.
7.2.2 The Provincial Disciplinary Committee (“PDC”), the NDC or the National Working Committee having regard to the nature and seriousness of an alleged violation or offence by a member may summarily suspend the membership of any member pending the preparation of a charge against the member and the finalisation of disciplinary proceedings against the member. The member shall be informed of such suspension. The temporary suspension shall lapse if no disciplinary proceedings are instituted against the member within 30 days of the date of the temporary suspension. Such disciplinary proceedings shall be attended to as quickly as possible and completed within a reasonable period;
7.2.3 The NDC shall hear and determine violations or offences on appeal from appropriate organs of the association. In addition, the national officers, the NWC or the NEC may refer such violations or offences directly to the NDC. In exceptional situations arising out of serious breaches of the Constitution, Rules or Codes of Conduct, the NDC itself may exercise jurisdiction to investigate and determine a complaint;
7.2.4 The decisions of the NDC and Disciplinary Committees (DC's) at other levels shall be final, except where the NEC or PEC, in their discretion, reviews a decision.
8. THE RIGHT OF APPEAL
8.1 Any person found guilty in a disciplinary proceeding, or the complainant may, within a reasonable period, appeal against the conviction or sentence to the next higher body of the association.
8.2 The NEC and NWC may direct that a body higher then the one to which the appeal has been made should hear any appeal.
8.3 The PEC may direct that an appeal against the decision by a branch should be heard directly by the Provincial Disciplinary Committee.
9. SCHEDULE OF PENALTIES
Should one be found guilty of a grave or serious offence, a violation of discipline or an abuse of associational rules, she shall be liable to:
- reprimand
- payment of a fine
- demotion
- imposition of corrective measures
- temporary forfeitures of membership rights
- temporary suspension; or
- Expulsion.
9.1 Reprimand: A reprimand can be in a meeting of the structure to which the member belongs or the disciplinary committee may call in the person concerned. The objective of the reprimand is not to humiliate the person concerned but to instill a sense of discipline and to reinforce the sense of unity and shared values in the association.
9.2 Fine, performance of useful tasks or community service: A member may be required to pay a fine, apologise to the victim or to subject herself to such penalty as shall have been imposed upon here.
9.3 Demotion: A member who holds a position of responsibility in the association will be demoted if her continued holding of the position is undesirable or embarrassing as a result of a particular transgression.
9.5 Imposition of corrective measures: Corrective measurers shall refer to any measurer imposed mainly on humanitarian grounds or grounds occasioned by special circumstances of the offender.
9.6 Temporary forfeitures of membership rights: The penalty of the temporary forfeiture of membership rights shall be imposed if in the opinion of the adjudicating body, such measurers shall achieve corrective results in the event of the commission for serious offence or violation of discipline.
9.7 Suspension: When a member is suspended, the organ suspending her shall state the period and conditions of such suspension. In respect of serious offences the period of suspension shall not exceed 6 months.
9.8 Expulsion: A recommendation for expulsion for an offence classified as grave lies within the powers of the PEC of the disciplinary structure and the power of expulsion rests with the NEC. A respondent shall be called upon to appear in person with an advisor if any before the PEC on a date to be fixed, to show cause, if any, why she should not be expelled from the association.
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