Our Constitution

1. NTA is a voluntary group with perpetual succession and legal existence which is independent of its affiliates, with rights to sue and be sued.
2. The NTA affiliates have no rights to its assets.

The NTA shall have the following structures:

1. Policy and Leadership and General Conference (PLGC)
2. Annual General Conference (AGC)
3. National Executive Committee (NEC)
4. Management and Policy Committee (MPC).

The aims and objectives of the National Taxi Alliance are to:-

1. advance, promote and protect the interest  of its affiliates and that of members of its affiliates, in particular , and the taxi industry in general;
2. represent its affiliates at all levels of the government and the private sector, by lobbying for laws and policies conducive to the growth and development of the taxi industry;
3. ensure fair labour practices by all its members, thereby promoting the interests of all members’ employees;
4. encourage, promote and improve road safety education, public service and human  relations on all the taxi operations, especially the taxi drivers;
5. encourage, promote and improve the standard of living and quality of life of  its members;
6. contribute to the growth of the country’s economy by expanding entrepreneurship therefore creating employment opportunities;
7. oppose any law, action or policy in government, corporate or any authority  impinging or encroaching  upon the rights and privileges if its members;
8. take all such steps as may be deemed necessary by the NTA to preclude any  misconduct on the part of any of the association’s members or the drivers  of such members, to report such misconduct to the  authorities concerned and to take such further steps regarding the suspension or expulsion of defaulting members as may be deemed necessary;

9. raise funds for the NTA by any legal means and apply such funds for the purpose of furthering these aims and objectives;
10. apply all funds for the purpose of giving effect to the objectives of the NTA and, to invest funds in suitable financial institutions and in addition, acquire by purchase, lease, exchange or gift, immovable and movable property;
11. abide by a code of conduct and apply disciplinary procedures in respect of transgression of the Code of Conduct and to amend the rules;
12. promote education and skills development;
13. co-operate with other taxi association having similar objectives or interests;
14. address the current economic imbalance in the transport industry;

Membership of the NTA shall comprise of the following:

1. Taxi  Mother bodies
2. Provincial Taxi Bodies
3. Regional Taxi Bodies
4. Primary Taxi Associations not affiliated to any of the secondary bodies
5. Association registered as business entity in terms of the Company’s Act 61 of 1973 as amended from time to time.

All taxi association wishing to become members of the NTA shall apply to the General Secretary who shall instruct them to complete a prescribed membership application form annexed here to as Annexure A.

Application for membership is open to taxi structures prescribed in clause 5 of this constitution, that:-

1. subscribe to the preamble;
2. conform to the requirements of this Constitution.

Taxi bodies applying for the membership of the NTA must submit their written application to the General Secretary, accompanied by:

1. a copy of their constitution;
2. a copy of their membership register;
3. minutes of their last Annual General Meeting;
4. a letter of resignation if previously affiliated to another body.

The NTA reserves the right to accept or reject any membership application.

If the General Secretary is satisfied that the application meets all the entry requirements he/she may recommend that the executive committee admit the applicant.

Upon admission, the applicant shall be required to pay a membership fee within seven working days, which fee shall be determined by the MPC from time to time.

If the executive of the NTA is not satisfied that the applicant meets the requirements and resolves not to admit the applicant, then the applicant may appeal to the next Management and Policy Committee, and the Management and Policy Committee must uphold or reverse the NEC’s decision. The decision of the MPC on this matter shall be final.

While enjoying benefit from the Alliance, new applicants shall undergo probation for period not less than Three (3) months, prior being a fully fledged members of the Alliance.

An affiliate that has withdrawn its membership or been expelled from the Alliance may be re-admitted to the Alliance for membership on condition that the national executive committee may be determined, after consultation with the disciplinary tribunal.

Every affiliates must notify the secretary of the national executive committee, in writing of its address and any changes thereof within 7(seven) days from the date of any changes.

An affiliate may terminate its membership of the NTA by giving three (3) months calendar notice to the General Secretary stating reason for such termination.

Affiliate members of the NTA who deliberately poach members of another affiliate, shall be fined, expelled or suspended after a complaint is received by the General Secretary, and is referred to a tribunal set up for this purpose.

Affiliates shall enjoy the following rights:-

1. membership of the NTA if they are in compliance with the provisions of this Constitution;
2. membership benefits as provided for in this Constitution;
3. to elect and /or be elected to any leadership position of the NTA;
4. attend and participate at meetings and conferences of the NTA as per the provisions of this Constitution;
5. enjoy schemes and other benefits  as they may be negotiated by the NTA on behalf of its members;
6. protection against harmful legislation, processes and procedures by government and non-government organs, in line with the aims and objectives of the NTA prescribed in this Constitution.

Affiliates shall remain autonomous bodies governed by their own constitution but they must abide by this Constitution and the policies of the NTA.

NB! NTA constitution shall be the supreme constitution with overriding powers over all affiliates constitutions.

The Policy and Leadership General Conference shall meet every four (4) years.

The NEC shall decide on the date and venue of the PLGC

A one month notice of a pending PLGC shall be given to the affiliates

10.1 Purpose Powers and Duties

The Policy and Leadership General Conference (PLGC) must adopt general and specific policies by means of resolutions, which further the aims and objectives of the NTA.

The PLGC shall consider and decide on:-

• representation of affiliates;
• the agenda of the PLGC
• receive and consider:

1. Secretarial Annual Reports
2. Audited Financial Reports
3. Chairperson’s Annual Reports
4. Amendments to the NTA Constitution
5. Nominations and election of the National Executive Committee
6. Any motion and resolutions which may have been duly seconded
7. Any other matter that may be deemed to be in the best interests of the NTA
8. Resolutions shall be taken by sufficient consensus and shall be subject to voting after at least one postponement when consensus can not be reached.

10.2 National Executive Committe Compositions

• Chairperson
• Deputy Chairperson
• General Secretary
• Deputy General Secretary
• Treasurer
• Public Relations Officer
• Protocols officer
• National Coordinator
• Presidents and Chairpersons of Affiliates

Each affiliate in good standing is entitled to send five (5) delegates from its executive committee and two members for every five thousand proven members.

Through the General Secretary the PLGC is entitled to request reasonable proof of the size of the membership on which the affiliates have decided the size of their delegation.

Each affiliate must submit its list of delegates to the General Secretary at least 20 days before the date of the PLGC.

In addition to the National Executive committee, each structure shall nominate 5(five) members to serve as the Management Council of NTA.

There shall be the following structures within NTA:

1. Policy and leadership general conference (PLGC)
2. National Management Committee (NMC)
3. National Executive Committee (NEC)
4. Provincial Representative Committee, comprising of five members from each region.
5. Local Committee

The Policy and Leadership General Conference shall meet every four (4) years.

The Management committee shall meet at least 4 times a year.

NEC shall meet at least once a month.

Provincial committees shall meet once every month.

Regional committees shall meet once a month.

Local committees shall meet once a month.

A six months notice of meeting pending PLGC sitting shall be given to the

affiliates, followed by the one month reminder circular containing agenda,

time, venue and date.

The aims and objectives of the PLGC shall ratify and adopt all resolutions,

which are tabled before it at the conference.

It shall consider and decide on:

1. Policy and Leadership General Conference(PLGC)
2. Management committee MANCO
3. National Executive Committee (NEC)
4. Provincial Representative Committee
5. Regional representative Commission
6. Local Committee

EXECUTIVE MEMBERS

The roles and responsibilities of the National Executive Committee (NEC) are the following:

1. to manage, conduct and control the affairs of the Alliance;
2. to arrange for the holding of periodic meeting and to regulate the proceedings of meetings;
3. to collect funds from its members and to take action to raise funds;
4. to keep the accounting records according to the generally accepted accounting practices and to produce financial statements;
5. to draw up and accept a set of administrative rules consistent with this constitution;
6. to manage and control its affairs, and to alter or add to such rules and regulations at its discretion;
7. to appoint attorneys, accountants, and other professional persons to ct on behalf of the Alliance. To institutes legal actions against all or any party who may act contrary to the interest of the members of the alliance;
8. to make policy on matters not provided for in the constitution;
9. to invest the funds Alliance;
10. to establish or participate or to undertake and execute any trust of any agency business which may seem directly or indirectly conducive to any of the objectives of the Alliance;
11. to print and publish any newspaper, periodicals, magazines, books or leaflets considered desirable for the promotion of it’s objectives; to sell, manage, lease, mortgage, pledge, alienate, dispose of or otherwise deal with all or any part of the assets of the Alliance;
12. if possible, to grant loans, donations, bursaries or financial assistance in any form of any purpose directly or indirectly conducive to any part of the objectives of the Alliance and to provide financial assistance to any one or any of its members, employees and their dependants;
13. to establish support and aid the establishment of any affiliates formed for all or any of the objectives of this Alliance;
14. the executive committee shall convene an AGM and may hold such additional Special General meeting at such times and such places as it may at its discretion decide;
15. at the AGM, the executive Committee shall present together with the audited accounts of the Alliance, its report on the activities of the Alliance, it’s report on the activities of the Alliance during the previous year;
16. a meeting of the Executive Committee shall take place at least once a month, and further meeting may be called by the chairperson at it his/her own discretion from time to time;
17. to do all such other lawful thing as are incidental or conducive to the attainment of its objectives;
18. to implement a system where operators and drivers evaluated and graded according to a system approved by the members at an AGM.

14.1 CHAIRPERSON

The Chairman presides at all meetings of the executive committee and performs other duties as directed by law. The chairman shall serve as the president and is authorized to vote on all issues before the executive committee. It shall be the prerogative of the chairman to alter the order of the agenda or move an agenda item to a different position within the course of any meeting, if there is no objection from executive members present:-

1. is responsible for orderly conduct of all executive meetings;
2. calls the meeting to order at the appointed time;
3. enforces the order of meetings;
4. identify person who desire to speak and protects the speaker who has the floor from disturbance or interference;
5. explains what the effect of a motion would be if it is not clear to every member;
6. restrict discussion to the question when a motion is before the executive;
7. puts motions to a vote, stating definitely and clearly the vote and result thereof;
8. to preside over meetings of the (NEC, PLGC, AGC and MPC);
9. to conduct the meeting according to this constitution;
10. to find the minutes of the NEC, PLGC, AGC, AGCC and MPC.

14.2 DEPUTY CHAIRPERSON

Exercise the powers and duties of the Chairperson in his/her absence and any other duties that may be delegated to him/her by the NTA.

14.3 GENERAL SECRETARY

The duties and responsibilities of the General Secretary are:-

1. office work and administration of the affairs and activities of the NTA;
2. to see to the proper record keeping of the organizational documents;
3. to ensure that all the minutes of the organization and resolutions are properly documented and kept safe;
4. to ensure that the company assets are properly recorded and kept safe;
5. receive and distribute correspondence to the members;
6. in conjunction with the Treasure, circulate financial statements, including auditor’s reports to the affiliates.

14.4 DEPUTY GENERAL SECRETARY

The Deputy General Secretary is responsible for performing the functions and duties of the General Secretary in his absence or in ability to perform that may be Structures of the NTA.

14.5 TREASURER

The functions and duties of the Treasurer are as follows:

1. The keeping of books and accounts as may be required by the NEC;
2. The collection of all funds due to the NTA;
3. The banking of funds received in the name of the NTA;
4. In conjunction with the General Secretary prepare and circulation of quarterly financial statements and present annual audited financial statements to the NEC, AGC and the PLGC;
5. Chairing the Finance Committee.

14.6 PUBLIC RELATIONS OFFICER

The duties and functions of the Public Relations Officer are as follows:

1. to liaise between the NTA, public and all individuals’ organizations seeking information about the NTA;
2. to make media statements on behalf of the NTA;
3. to liaise and co-ordinate charity activities;
4. to do other duties and responsibilities as may be delegated by the NTA.

14.7 PROTOCOLS OFFICER

The Protocols Officer is responsible for observing Protocols by affiliates and members in and meetings.

14.8 NATIONAL COORDINATOR

Responsible for the recruitment of new affiliates and ensuring that proper communication between the NTA and affiliates is maintained at all times.

The NEC has powers to:

1. take legal action in defense of its affiliates;
2. enter into contracts with business and other institution in the furtherance of this constitution’s aims and objectives.

Suspend and cause the executive committee of affiliates or individual executive members of affiliates to be disciplined for transgressing their constitution, committing fraud, perpetuating violence, ignoring outcomes of democratic processes, miscarrying mandates and or neglecting their duties and responsibilities.

Demand that quarterly and or annual financial statements of an affiliate be  produce by an affiliate.

To engage employees, agents and brokers to ac for and on behalf of the NTA, its affiliate and their members.

To orrow or raise funds for the purpose of furthering the aims and objectives of this constitution.

To invest funds with the approval of the MPC.

To request for bridging finance from affiliates in times of financial difficulties.

To draft disciplinary and grievances rules and enforce them.

To appoint an administrator to administer the affairs of an affiliate where the situation warrants such appointment.

Demand that an affiliate or any person representing such affiliate make available to it, documents i.e. minutes, correspondents, attendance registers, constitution or any information held by an or any person representing an affiliate.

Demand that an affiliate produce financial statements where a reasonable suspicion or corruption or embezzlement of funds is suspected, and or commission an inquiry or appoint accountants or auditors to produce the required financial statements.

Legally freeze bank accounts of affiliates where the situation warrants such action.

Appoint standing and hoc committee and regulates the activities of such committee.

The Chairperson shall call a special PLGC if:-

1. The NEC passes a resolution calling for the meeting; or
2. The Management and Policy Committee should passes a resolution calling for the meeting; or 51% of affiliates in good standing should submit a written request to the General Secretary for the attention of the chairperson calling for the meeting.
3. Notice in writing for a special PLGC shall take place within 14 days.
4. Should the chairperson fail to call the special PLGC when reasonably expected to do so, the NEC is empowered to nominate a convener of the PLGC.
5. The quorum for the PMC meetings shall be at least 51% of the delegates having the right to attend and vote.
6. If after 1 hours of the time fixed for the meeting, a quorum is not present, the meeting must stand adjourned to a time and place decided upon by the Chairperson provided that the meeting must be held within one month of the date of the adjourned meeting;
7. The General Secretary shall inform affiliates in writing of the adjourned meeting.
8. Delegates present at the adjourned meeting shall form a quorum and shall take binding decision on the entire membership.

The Management and Policy making Committee shall receive and consider policies and resolutions from the members for adoption by the management council.

It shall supervise the implementation of the resolutions of the NEC.

Receive and approve quarterly financial statements.

Ratify or reject decision of the NEC, or those of committees and sub- committees appointed by the NEC.

The Management and Policy Making Committee shall make a decision on who among the elected NEC members shall be Office Bearers and their remuneration, Office Bearers may not exclude the Chairperson and General Secretary.

The General Secretary shall send written notices of an MPC meeting to the affiliates, 7 days in advance, and the notices shall include the agenda of the meeting.

If after 1 hour of the time fixed for the meeting, a quorum is not present, the meeting must be adjourned to seven days later.

The General Secretary shall send written notices of the adjourned meeting to the affiliates.

The members present at the adjourned meeting form a quorum.

18.1 Management Policy Committee (MPC) consist of:

1. The National Executive Committee (NEC)
2. Three (3) members from each affiliate in good standing

18.1 The business of the AGC is to:

1. consider and approve minutes of the previous AGC
2. receive and consider the Secretarial Annual Report
3. receive and consider the Chairperson’s Annual Report
4. receive and consider Audited Financial Statements
5. confirm leadership of the NTA
6. the AGC has power to pass a motion of no confidence to the entire National Executive Committee, part of it or an individual within.
7. in the event of a motion of no confidence being passed, the AGC will elect members to act in the positions left vacant for the remainder of the term until the next PLGC.
8. evaluate the performance of the National Executive Committee, individually and collectively.
9. each affiliate in good standing is represented by 5 members of the AGC.
10. the General Secretary must send notices of the AGC to the affiliates at least 30 days in advance.
11. affiliates must submit the names of their delegates to the General Secretary at least 14 days in advance.
12. in after three(3) hours of the time fixed for the meeting, a quorum is not present; the meeting must stand adjourned for 30 days from the date of the failed meeting.
13. the General Secretary must send written notices of the adjourned meeting  to  affiliates.

The PLGC elects members from affiliates to the following National Executive

Committee Positions:-

1. Chairperson
2. General Secretary
3. Treasurer
4. Public Relations Officer
5. Protocols Officer
6. National Coordinator
7. Presidents or Chairperson of affiliates are members of the National Executive Committee (NEC)

Only members of affiliates in good standing may stand for the election to the National Executive Committee (NEC) Nominations for NEC positions must be submitted to an independent body appointed by the Management Committee for the purpose at least 30 days before the date of the elections Nominations must be duly seconded and voting must be secret ballot. If a candidate nominated for a position unopposed, then no ballot is necessary and that candidate must be declared duly elected.

The National Executive Committee members shall hold office for 4 years and thereafter until the next election.

Resolution to be moved at a PLGC shall be submitted in writing and delivered to the General Secretary for circulation to the affiliates not less than 30 days before the PLGC is held, provided that the PLGC shall have the right to consider special resolution.

A member of the National Executive Committee will cease to hold office in the event of :

1. ceasing to be a member of an affiliate;
2. his/her suspension;
3. failing to attend 3 consecutive meeting of the National Executive Committee  without any acceptable apologies;
4. resigning after giving a one month calendar notice;
5. only seconded motions shall be put forward for consideration by the PLGC,
6. shall be decided by the majority members present;
7. on being convicted of a criminal offence and of such nature that the image of the Alliance may be jeopardized or tarnished.

The NTA financial year ends on the 31 March.

Finance Committee shall consist of the:

1. Treasurer
2. General Secretary
3. Deputy Chairperson
4. One delegate from each affiliate in good standing.

24.1 The Finance Committee is chaired by the Treasurer

 The Finance committee reports to the National Executive reports to the National Executive Committee, and may be summoned to report to the MPC, AGC and PLG Duties and responsibilities of the Finance Committee are to:

1. Assist the Treasure with the preparation of the NTA budget.
2. Assist with the preparation of quarterly financial statements to be  presented to the NEC and Management and Policy Committee.
3. Assist the Treasurer with the preparation and submission of the financials to the NTA auditors and the presentation of audited financial statements to every Annual General Conference and to the Policy and Leadership General Conference every forth year.

Sub-committee shall be constituted below from members in good standing appointed by the right to dissolve or suspend a sub-committee or its member, depending on the circumstances and always putting the interest of the association first. Sub-committees shall compromise of the following:

1. Standing Subcommittees and Project Subcommittees
2. Disciplinary grievances ; training; and other committees as determined by the Executive Committee, all “Defining the terms of reference”

Ensure observance of the association rules and regulations by disciplining those that contravene these rules.

Report extreme cases to the executive committee for the latter’s recommendations or action.

Project sub-committee operate similar to “Ad hoc” committee which rare normally constituted to address specific problems, and are immediately disbanded once when given assignment have been completed.

The executive committee shall propose the names of an auditing firm which shall be appointed auditor(s) shall not be a member(s) of the association or committee members of any association committee.

The conduct of meeting shall at all times rest with the chairperson whose decision relating to matters of procedure shall be final.

The Treasurer, General Secretary, Chairperson shall sign all the bank accounts of the NTA.

NEC members, Committee Members and NTA officials shall be indemnified by the NTA if sued for an act of omission or any unintended wrong doing while genuinely doing duties for the NTA, or its affiliates in terms of the provisions of this constitution and any other resolutions that may be passed by structures of the NTA.

The NTA shall not indemnify any of its members, Committee members and officials charged for fraud or corruption.

The NEC may suspend an affiliate for transgressing the rules and regulations of the NTA in this constitution, pending a disciplinary hearing.

A suspended affiliate shall during the period of suspension lose all rights indicated in the Constitution.

A suspend affiliate pending a disciplinary hearing shall be brought before a disciplinary hearing not later than 60 days from the date of the suspension.

In the event of a suspended affiliate not being brought before a hearing the suspension shall cease at 12:00 midnight on the 60^th day of the suspension and the NEC may not re-suspend the affiliate for the same offence.

An affiliate found guilty and expelled by a disciplinary hearing shall reserve a right to appeal the expulsion within 21 days of the expulsion verdict.

Pending the appeal hearing the expelled affiliate shall return its right and obligations prescribed in this Constitution.

Permanently expelled affiliates shall forfeit their rights in the NTA assets.

An affiliate may disaffiliate after giving a three months notice to the NEC and having settled all its debts to the NTA.

The NTA may be dissolved by a PLGC, where 75% members present vote in favour of a second dissolution motion.

If the alliance is unable for any reason to continue its function.

Those members deciding to revive the alliance after its dissolution may do so, after the disposal of all assets of the alliance.

If resolution for winding-up of the association has been passed as already provided above, or the association has become dormant and is unable to fulfill its obligations, the following provisions shall apply.

The last elected chairperson of the association’s executive committee shall prepare, sign and-or dispatch to the appointed liquidator all the necessary and relevant documents for the winding-up of the association.

The liquidator shall be appointed by the national executive committee to carry out the winding-up and such a liquidator shall not be a member of the association or any taxi body.

After payment of all debts in accordance with prescribed of this law and common procedure of this winding-up, the remaining funds shall be distributed by the liquidator amongst the affiliates of the Alliance who were in good standing as at the date of dissolution and each affiliate be awarded a share proportional to subscriptions actually paid by him/her in respect twelve (12) months immediately preceding the said date.

Definition of a grievance is any dissatisfaction or feeling of having bear wronged on the part of affiliate structure, its members and employees regarding membership and matters pertaining to the duties, action and participation of an affiliated structure, members, and employees.

The primary objective of the grievance procedure is to enable the affiliated structure or group of the members and a member of the public Community to raise and cause an adjustment of a matter which he/she may fee aggrieved about. The basic principle underlying the grievance procedure is that all bodies intend  to equitably resolve the grievance/disputes at the earliest possible stage.

1. To prevent and avoid conflict
2. Settle dispute rapidly
3. Protects and recognize the rights of the affiliates and its members
4. Introduce a mechanism whereby affiliated structures and their members may attain a fair hearing against a conduct or practice that may appear unmerited
5. The grievance procedure further provides for a formal framework for a fair and equitable dispute, complains and grievance solution.

Affiliated structures and members should complete a grievance form for their grievance, and submit it to the Grievance Committee.

The completed and signed form must be submitted to the above mentioned committee within a period of 30 days from the date the grievance or dispute arose

The Chairperson of the grievance Committee must prepare a report on the proceeding of the Grievance Committee. The report must contain the decision or award of the grievance committee and the rationale thereof.

If the aggrieved party is not satisfied with the decision of the grievance committee, such party must notify the Chairperson of the grievance Committee within 15 days upon the receipt of such decision.

Where the aggrieved party is a traveling public, he/she must submit such grievance to the Executive Committee of the NTA, which shall deal with such grievance in accordance with the grievance procedure applicable to the NTA,

Affiliates and its members as well as the employees.

If a conflict arises between the affiliates such conflict shall be referred to the grievance Committee of the NTA in writing within 30 working days.

The Chairperson of the Grievance Committee must within 30 days after the conflict was reported, convene a meeting between parties concerned to attempt to resolve the conflict.

If the conflict remains unresolved the Chairperson of the Grievance Committee must refer the matter together with a report or certificate to that effect, to the National Executive Committee within 10 days after the hearing was held.

The National Executive Committee must decide whether to refer the matter to an independent mediator, who shall deal with the matter within 10 days from the date the matter was referred.

The National Executive Committee of the NTA shall decide the cost of the mediator.

If a conflict remains unresolved by the mediator the parties must refer the matter for arbitration in terms of the arbitration act of the day.