Clause 25 to be amended as follows:

25.  BALLOTS

25.1  In addition to those cases in respect of which the taking of a ballot is compulsory in terms of this Constitution, a ballot on any question shall be taken if a General Meeting or the Executive Committee so decide, and shall also be taken: –

25.1.1  if demanded in writing by not less than 10 percent (10%) of the Members of the Association in good standing; or

25.1.2  on any proposal to declare or take part in a lockout.

 

25.2  Ballots shall be concluded in the following manner: –

25.2.1  Notice of a ballot shall be given to each Member of the Association in writing by the Director, at least three (3) days before the ballot is to be taken, provided that a ballot may be taken without notice at any General Meeting or Executive Committee Meeting on the decision of a majority of the Members present.

25.2.2  Two scrutineers shall be appointed by the Executive Committee to supervise any ballot and to ascertain the result thereof.

25.2.3  Ballots shall be conducted at the place, on the date and during the hours as may be specified in the notice referred to in sub-clause 25.2.1 of this clause

25.2.4  Ballot papers shall be provided by the Director. The issue to be voted upon shall be set forth clearly on the ballot papers and such papers shall not contain any information by means of which it would be possible to identify the voters.

25.2.5  One ballot paper only shall be issued on demand at the place and during the hours fixed for the taking of the ballot, to each Member who is entitled to vote.

25.2.6  Each voter shall, in the presence of the scrutineers, be issued with one ballot paper which he shall thereupon complete, fold and deposit in a container provided for the purpose.

25.2.7  Ballot papers shall not be signed or marked in any way apart from the mark required to be made by a Member recording his vote. Papers bearing any other marks shall be regarded as spoilt and shall not be counted.

25.2.8  On completion of the ballot or so soon thereafter as possible, the result thereof shall be ascertained by the scrutineers in the presence of the Director and made known through this official.

25.2.9  Ballot boxes shall be inspected by the scrutineers and sealed by the Director in their presence prior to the issue of ballot papers.

25.2.10  Ballot papers, after they have been counted, including spoilt papers, shall be placed in a container which shall be sealed and retained by the Director for not less than three (3) years.

 

25.3  Except as provided in Clause 19 of this Constitution, the Executive Committee shall be bound to take action according to the decision of a majority of the Members voting by ballot.

 

25.4  No ballot involving the declaration of, or participation in a lockout shall be taken until the matter giving occasion therefore, has been dealt with as provided for the Act.

 

25.5  Despite any other provision in this Constitution –

25.5.1  a strike/lockout may only be called in terms of this Constitution after a secret ballot has been conducted of those members in respect of whom the strike/lockout is called;

25.5.2  a member shall not be disciplined or have their membership terminated for failure or refusal to participate in a strike/lockout if –

25.5.2.1  a secret ballot was not held about the strike/lockout;

25.5.2.2  a secret ballot was held, but a majority of the members who voted did not vote in favour of the strike/lockout.

 

25.6  The documentary or electronic record of a ballot about a strike/lockout must be retained for three years from the date of the ballot.

 

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