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MIDLANDS STATE UNIVERSITY

STUDENT REPRESANTATIVE COUNCIL CONSTITUTION

PREAMBLE

We, the students of Midlands State University;

Acknowledging that all students are equal and that, on the basis of that equality, they have certain inalienable rights.

And that principal among those rights are academic freedom, prosperity and access to equal opportunities and the pursuit of academic excellence;

·  Convinced, therefore that to secure those rights , Student Representative Councils must be instituted among students deriving their just powers from the consent of the students.

Considering the mission of the Midlands State University which affirms a commitment to a culture of problem solving and the vision thereof which is to be a unique, development oriented and pace setting university.

We therefore determine the Student Representative Council of the Midlands State University as the primary governing body on all issues of student governance whose role shall inter alia be to:

·  affirm and protect the principles entrenched in the Bill of Rights enshrined in the Constitution of the Republic of Zimbabwe;

·  uphold principles of transparency, accountability, responsibility and participation in the student community;

·  protect and promote gender equality;

·  articulate the aspirations of students within the University corporate governance structures including the Council, Senate, and the University Committees;

·  strive for social redress, increased access and active transformation within Midlands State University and the broader society;

·  provide representation for the students in matters that affect their interests both as individuals and as a body;

·  provide an effective channel of communication between the students’ body and the University authorities and Zimbabwe in general.

·  organise the students on the basis of love for peace, democracy, progress, the elimination of racism, tribalism, regionalism and despotism;

·  promoting and maintaining the cooperation its members with other students at national and international level and;

·  advance, promote and protect academic freedom and social justice.

In adopting this, our constitution, for the student governance at the Midlands State University, we affirm and establish principles, values and provisions of the Constitution of the Republic of Zimbabwe and the statute of the Midlands State University (Midlands State University Chapter 25.21).

PART 1

Article 1.

1.  Definition of Terms

a)  Statute means the Midlands State University Act Chapter 25:21.

b)  Council means those members of the council elected to implement and represent council policies.

c)  University Student Affairs Committee (USAC) means the council committee responsible for advising council on policy in the area of Student Affairs.

d)  Absolute majority means a majority of the total membership.

e)  Simple majority means a majority of the members present and voting.

f)  Student means a person registered as a student of the university.

g)  By laws are laws set out in the schedule to this constitution.

h)  Executive means those members of the council elected to implement and represent council policies.

i)  Member means a registered student of the Midlands State University.

j)  Semester has the same meaning as given under the Midlands State University Regulations.

k)  University means Midlands State University.

Article 2

1.  Status

Subject to the constitution of the Republic of Zimbabwe, the statute and the authority of the council, this constitution shall bind the Student Representative Council, student structures and all the students of Midlands State University.

1.1 The Student Representative Council shall be improperly constituted if it operates without the committees provided for in the constitution.

1.2 Ant act or transaction entered by such an improperly constituted Council shall be null and void and the office shall not exercise their powers and duties. If an act or omission of an improperly constituted Student Representative Council results in loss to third parties, the office shall be liable in their individual capacity.

2.  Name

The name of the body shall be the Student Representative Council of Midlands State University ( hereinafter referred to as the SRC).

Article 3

1. Membership

Membership of the council shall be open to all registered students of the Midlands State University, who have fully paid their membership fees in terms of Article 3.

2. Membership Fees

a)  Membership fees for members shall be determined from time to time by the University Council in consultation with the student Representative Council.

b)  Fees are payable to and collected by the University.

c)  In determining the membership fee payable the University Council in consultation with the Student Representative Council, may rule that a proportion of the membership fees be for a specific purpose or purposes.

Article 4

Authority And Business

1. The Student Representative Council shall continue as body corporate with perpetual succession and may sue or be sued in its corporate name. However, the Council is subject at all times to the overall control and direction of the University Council exercised primarily through the office of the Vice Chancellor.

2. Unless a referendum is requested, the vote of the general meeting shall be recognized as possession higher authority than the decision of any other student organization, body, committee or any individual within the University.

3. The business of the Student Representative Council shall be discharged by an ordinary or extraordinary General Meeting or the Student Representative Council or any Committee of the Student Representative Council.

Article 5

General Meeting

1. An ordinary meeting shall be held at least once in every university semester.

2. The date or dates of the ordinary general meeting or meeting of the next semester shall be published on the recognised notice board during the last week of the preceding semester.

3. Notice of a general meeting together with an agenda paper thereof shall be published on the notice board not less that 72 hours before the time of the meeting provided that in a matter of emergency not involving amendment to the constitution or a vote of no confidence in any officer, a meeting may be called as soon as possible giving at least 36 hours notice.

4. The General Meeting whether ordinary or extra ordinary shall be convened by the President whenever he deemed it necessary or upon receipt of a written request either by at least five members of the Student Representative Council or by at least that number of students as shall equate to two percent of the members.

5. In the event that the President does not convene an ordinary meeting or two weeks from the date of receipt of a request as mentioned in 4, the President shall be deemed to have vacated the office. In the extraordinary meeting the Executive Council may reappoint the President or pass a vote of no confidence against him.

6. The agenda of an extraordinary meeting general shall only deal with the business for which the meeting has been convened.

7. At a general meeting the quorum shall be one third of the membership at any one time. If the quorum is challenged the meeting is inquorate then it shall be abandoned. All completed business preceding the challenged to the quorum shall stand.

8. A vote of no confidence in any officer or body of the Union may only be passed on a motion of which proper notice has been given and by a three quater majority vote of those members present at the general meeting.

Article 6

Referendum

1. The Student Representative Council shall be called upon to hold a referendum on any motion which has been discussed at an ordinary or extra ordinary meeting at which more that two fifths of members are present.

2. A referendum shall be held if requested by a vote without dissent of the Student Representative Council with requisition signed by two thirds of the members of the Student Representative Council or a requisition signed by the equivalent of the quorum for a general meeting.

3. In the case of a referendum requested the following a general meeting, notice of the request shall be made not later than two days after the meeting at which the motion on which the referendum is requested has been discussed.

4. In any event, the Student Representative Council shall hold a referendum within seven (7) days of the request for a referendum having been received by the secretary of the Student Representative Council.

5. Voting of the referendum shall be YES, NO, or ABSTENTION.

6. The Student Representative Council shall ensure that full publicity is given to the referendum and that the prospers and the opposers of the motion shall have the opportunity to lay down their arguments on all accredited University notice boards.

7. A decision of the general meeting which is challenged by a referendum shall be held abeyance until the result of the referendum is known.

8. In the case where a referendum is held on a motion discussed at a general meeting the decision of the referendum shall only be binding if the number of votes cast at a general meeting on the motion in question. In the case of a tie the President has a casting vote.

9. Results of a referendum shall be determined by a minimum poll of thirty three percent of the members failure of which a second referendum will be held. If the thirty three percent is not achieved, three quarter majority of the members who voted shall determine the results.

PART 11

THE STUDENT REPRESENTATIVE COUNCIL (SRC)

Article 7

Authority of the Student Representative Council

1. The Student Representative Council is the highest decision making student body in the university subject to the powers of the Council of Ministers representing the students in terms of statute.

Article 8

STUDENT REPRESENTATIVE COUNCIL TERMS OF OFFICE

The Student Representative Council shall hold office for one calendar year.

Article 9

STUDENT REPRESENTATIVE COUNCIL EXECUTIVE COMMITTEE

1. The Executive committee shall consist of members of the Student Representative Council designated by the Student Representative Council.

2. The Student Representative Council must at its first meeting elect from among its members in the manner prescribed in the By – Laws, the following officers who shall comprise the Student Representative Council Executive Committee:

a)  President

b)  Vice President

c)  Secretary General

d)  Minister of Finance

e)  Minister of Information and Publicity

f)  Minister of Academic Affairs

Article 10

FUNCTIONS, POWERS, DUTIES OF THE STUDENT REPRESENTATIVE COUNCIL EXECUTIVE COMMITTEE

1. Subject to the provisions of the constitution, the Student Representative Council Executive Committee may;

a)  convene meetings of the Student Representative Council

b)  deal with any matter of emergency.

c)  act as the administrative committee of the Student Representative Council.

d)  execute any mandate, transferred to it by the Student Representative Council.

2. Meeting of the Student Representative Council Executive Committee must take place once a month.

3. Fifty percent plus one members of the Student Representative Council Executive Committee shall constitute a quorum.

Article 11

THE STUDENT REPRESENTATIVE COUNCIL

The Student Representative Council shall consist of a total number of fourteen elected members.

COMPOSITION OF THE STUDENT REPRESENTATIVE COUNCIL

a)  President

b)  Vice President

c)  Secretary General

d)  Minister of Finance

e)  Minister of Legal and Constitutional affairs

f)  Minister of Gender and Social Affairs

g)  Minister of Sports and Recreation

h)  Minister of Academic Affairs

i)  Minister of Health and Food

j)  Minister of Information and Publicity

k)  Minister of External Affairs and International Students

l)  Minister of Cultural and Religious Affairs.

m)  Minister of physically challenged and Vulnerable Groups

n)  Minister of Resident and non Resident students

Article 12

FUNCTIONS, DUTIES, AND POWERS OF THE STUDENT REPRESENTATIVE COUNCIL

1. The Presidency

The president and Vice President may vacate their offices:

a)  through personal resignation properly tendered to the Secretary General and accepted by the Student Representative Council or;

b)  automatically by failure to attend two consecutive meeting of the Student Representative Council without acceptable excuses or;

c)  where a vote of no confidence is passed by three quarters majority vote of ordinary union members present at a lawfully constituted general meeting of the Student Representative Council or;

d)  where the Student Representative Council makes a finding of gross misconduct and the report is ratified by two third of the Council members present at the lawfully constituted general meeting of the Student Representative Council.

1.1 POWERS AND DUTIES OF THE PRESIDENT

a)  The president shall be the chairperson of the Student Representative Council and shall:

i)  convene and preside over meeting of the Executive Committee.

ii)  make representations on behalf of the Student Representative Council to the Vice Chancellor or any other responsible administrative official on any matter that concerns the interest of students but must consult the Dean of Student before meeting the officials.

iii)  ensure the proper discharge and conduct of the Student Representative Council members on their duties.

2. THE VICE PRESIDENT OF THE STUDENT REPRESENTATIVE COUNCIL

a)  The Vice President shall be elected in terms of by laws. The Vice President shall chair the Finance Committee.

b)  The Vice President shall have the right to inspect and examine all financial records and report immediately to the President if there are any irregularities.

c)  In the absence of the President due to any reason and cause the Vice President shall assume office as acting President.

d)  The Vice President shall exercise all or any of the powers delegated to him by the President.

Article 13

THE SECRETARY GENERAL

The Secretary General shall be the Chief Administrator of the union and among other duties he shall:

i) conduct all correspondence

ii) keep proper records of all general and Student Representative Council meetings.

iii) keep a record of the Constitutions of student Clubs and Associations.

iv) assist the President and other Student Representative Council members in carrying out their work in a proper and efficient manner and ensure in general the Council’s efficient all round administration.

v) in the absence of the President the Vice president may delegate any of his powers to the Secretary General.

Article 14

MINISTER OF FINANCE

1.  The Minister of Finance preferably a student with accounting experience shall be responsible for the keeping and administration of union funds.