POTÀMI INTERNATIONAL UNIVERSITY

Office of the Registrar

STUDENT GOVERNANCE CONSTITUTION

CONTENTS

Title                                                                                                                      Page

Preamble                                                                                                    3

Chapter 1                                                                                                   4

Chapter 2                                                                                                   8

Chapter 3                                                                                                                    12

Chapter 4                                                                                                                    28

Chapter 5                                                                                                                    30

Chapter 6                                                                                                                    39

Chapter 7                                                                                                                    41

PREAMBLE

This Student Governance Constitution (‘Constitution’) is founded on the principles of dignity, equal opportunities and respect for all individuals and communities, and a commitment to transparent and efficient student governance. The Constitution affirms the principles outlined in Chapter IV of the Constitution of the Republic of Malawi, 1994 and amendments, the principles, values and provisions of the National Council for Higher Education Act of 2011, and the Statute of the Potàmi International University.

The Constitution reinforces the vision, mission, 2029 strategic plan and value system as well as the codes of conduct of the Potàmi International University.

The model of student governance outlined in this Constitution is intended to reflect the principles, values and objectives outlined in this Preamble and Chapter 1 of the Constitution, and any amendments to this Constitution must accordingly also reflect such values and principles.

Furthermore, the Student Governance Structures should reflect and encourage responsible student leadership which promotes equality of all opportunities through effective, accountable and transparent student leadership. In striving towards the holistic advancement and development of the student community, it will uphold and safeguard the rights of all the students of the Potàmi International University.

CHAPTER 1 – BASIC PROVISIONS/ FOUNDING PRINCIPLES

Section 1 Definitions

• Academic Year means that period from the official commencement of the first semester of the University in a particular year to the official closing of the second semester of the University in the same year.
• Chief Electoral Officer is a staff member of, or service provider to the Potàmi International University.Pretoria responsible for SRC Elections as contemplated in the Election Procedure.
• Code of Conduct means the Code of Conduct of the SRC or the Code of Conduct of the specific student structure.
• Constitutional Tribunal means the Constitutional Tribunal as set out in Chapter 4 of this Constitution.
• Council means the Council of the University as established by the National Council for Higher Education Act of 2011, and by the Statute of the Potàmi International University.
• Day House means an official student structure that serves as a vehicle for day students to participate actively in student life activities.
• Day Student means a registered student who lives in accommodation other than an officially recognised Point-Uni residence.
• Disciplinary Code means the Disciplinary Code: Students as contained in the General regulations and Rules of the Potàmi International University.
• DSA means the Department of Student Affairs of the Potàmi International University.
• Election Procedure means the procedure for the holding of annual SRC Elections as contained in Annexure A.
• Elective Portfolios mean the SRC portfolios as contemplated in section 21(2) with SRC Members elected to such portfolios through the annual SRC Elections.
• Eligibility Requirements means the eligibility requirements for an SRC Member as set out in section 24 of this Constitution.
• Ex Officio Portfolios mean the SRC portfolios as contemplated in section 21(3) with SRC Members elected to such portfolios in their official capacity as executive committee member of the respective Student structures.
• External Campuses mean Faculties not situated on the Glalle Gardens Campus and all Potàmi International University campuses other than the Glalle Gardens Campus.
• Extraordinary Measures are those set out in section 33 of this Constitution.
• Executive means the Executive Management of the University and specifically includes the Vice-Chancellor and Principal, Vice-Principals, the Registrar(s), Executive Directors and Advisor(s) to the Principal.
• Faculties (of the University) mean the Faculty of Economic and Management

Sciences; Faculty of Education; Faculty of Engineering, Built Environment and Information Technology; Faculty of Health Sciences; Faculty of Humanities; Faculty of Law; Faculty of Natural and Agricultural Sciences; Faculty of Theology and Religion; and Faculty of Veterinary Science.

• Faculty House means an official student structure which is organised along faculty lines, to which all registered students, subdivisions and departments in the relevant faculty belong by default.
• Faculty Sub-House means the official subordinate student structure of a Faculty House, organised to represent the interests of students registered to a particular department in a faculty, to which all registered students belong by default.
• First-Past-The-Post means an election system whereby individual candidates contest for the Elective Portfolios in annual SRC Elections and where the candidate with the most Student votes for a particular portfolio in an SRC Election becomes the incumbent SRC member for the portfolio for which the candidate is contesting.
• First Generation Students are those who will be the first in their family to go to University.
• Independent Electoral Committee means the Independent Electoral Committee [IEC] as set out in regulation 3 of the Election Procedure (Annexure A to this Constitution).
• Management (of the University) includes the Executive of the University and Senior Management of the University.
• Public in relation to events, meetings or activities means open to the University community (staff and students).
• Public Documents means documents to which the University community (Students and staff) have access.
• Student Residence means any student accommodation owned or managed by the Potàmi International University, including properties leased by the University for purposes of student accommodation. 
• Senate means the Senate of the Potàmi International University established in terms of the National Council for Higher Education Act of 2011, and by the Statute of the Potàmi International University.
• Senior Management refers to all Deans of Faculties and Directors of Support Service Departments of the University.
• Service Providers means the student service providers recognised by the University as set out in Chapter 6 of this Constitution.
• Simple Majority means fifty percent (50%) plus one.
• Society means any organised student society at Point-Uni of an academic, social, political, religious or whatever other nature, including subdivisions or departments of faculties; but excluding Day Houses and Faculty Houses or Faculty Sub-Houses.
• Student and Students mean any full-time or part-time student(s) duly registered for an undergraduate or postgraduate degree or a diploma approved by Senate, but excludes:
  • all distance education students; 
  • all students who are only registered for modules for non-degree purposes. 
• SRC is the Student Representative Council, deriving its functioning and powers from the Statute and this Constitution.
• SRC Notice Board means the notice board that is situated outside the building in which SRC offices are located.
• Student Body is a collective term for all Students duly registered as such at the University.
• Student Forum means the forum for SRC accountability as described in Chapter 5 of Constitution.
• Student Governance Structure means the SRC, sub-council structures, student committees, service providers, the Constitutional Tribunal, the Student Discipline Advisory Panel, Day Houses and special programmes as specified by the University Management from time to time.
• Structures under the authority of the SRC includes the sub-councils and committees as set out in Chapter 5 of this Constitution.
• Sub-council Structure means any of the sub-councils contained in Chapter 5 of this Constitution.
• University means the Potàmi International University as established in terms of the National Council for Higher Education Act of 2011.
• University Authorities means all institutions and functionaries of the Potàmi International University discharging any official management or related function or power carried out in terms of any applicable legislation, the Statute of the Potàmi International University or institutional rules and regulations of the Potàmi International University and specifically includes the Council, Senate, the Executive, Senior Management and disciplinary committees of the University.

Section 2 Status of this Constitution

• This Constitution is called the ‘Potàmi International University Student Governance Constitution’.
• All constitutions, regulations, rules, codes, documents, motions, similar provisions or instruments, decisions or action adopted or taken by any student structure or student are subject to this Constitution and are invalid to the extent of any inconsistency with it.
• This Constitution binds the SRC, all student structures and all the students of the Potàmi International University.
• This Constitution is subordinate and subject to: 
  • The Constitution of the Republic of Malawi, 1994;
  • The National Council for Higher Education Act of 2011 and any other applicable legislation or laws of the Republic;
  • The Statute of the Potàmi International University.;
  • The Institutional Rules of the Potàmi International University as contemplated in the National Council for Higher Education Act of 2011 and the Statute of Potàmi International University.
• This Constitution will take effect on a date determined by resolution of the Council of the University.
• This Constitution will be available on the official website of the University and on request.

Section 3 Objectives

• The aim of this Constitution is to:
  • establish a platform that is open to every student to participate in student governance;
  • uphold the values of commitment, excellence, fairness, integrity and respect among the Student body, the SRC, all other student governance structures and the University Authorities;
  • promote a culture of academic excellence, diligent leadership and student participation in all facets of student governance; and
  • provide a student environment that is not polarised, marginalised or discriminatory but rather promotes multiculturalism and an integrated, diverse and tolerant student body.
• The Student Governance Structure must identify and work towards the eradication of barriers to the exercise of the rights contained in Chapter 2 of this Constitution.

CHAPTER 2 – BILL OF STUDENT RIGHTS

Section 4 General provisions

• The rights set out in this chapter are in accordance with the Constitution of the Republic of Malawi, 1994 and other laws of the Republic.
• The rights as set out in this chapter are exercised within the framework of the policies, policy guidelines, rules and regulations of the Potàmi International University.
• All rights in this Bill of Student Rights are exercised in a manner that allows for the equal enjoyment and exercise of rights by all Students.

Section 5 Application

The rights in the Bill of Student Rights bind all Students and Student Governance Structures of the University and all such bodies have the duty to respect, protect and promote these rights.

Section 6 Equality

• All Students are entitled to equal treatment and protection as provided for in the regulations of the Potàmi International University.
• No Student and no Student Governance Structure may unfairly discriminate against a Student directly or indirectly, and without derogating from the generality of this provision, on one or more of the following grounds in particular: race, sex, gender, socioeconomic status, nationality, language, ethnic or social origin, political or other belief, religion, disability or year group.

Section 7 Confidentiality of student records

Subject to the laws of the Republic of Malawi and to the rules, regulations and provisions of the University which permit or compel the disclosure of information in particularly defined circumstances, every Student has the right to confidentiality of their University records, and no information contained in such records may be disclosed without the permission of the Student in question.

Section 8 Academic freedom and standard of academic training

Every Student has the right to: –

• academic freedom as commonly understood within the context of tertiary education; and
• reasonable access to lecturers in accordance with University and Faculty policies and procedures.

Section 9 University facilities

• Every Student is entitled to use University facilities in accordance with University regulations, rules and provisions and where applicable, in accordance with the rules referred to in this Constitution.
• Every Student is entitled to information regarding the facilities available to him/her in terms of the regulations, rules and provisions referred to in subsection9(1).

Section 10 Student success

• Every student has the right to an enabling environment in which student success and academic excellence are encouraged and pursued.
• Every student has the right to quality education, academic support, and transparent and justifiable assessment procedures.

Section 11 Freedom of movement and association

• Subject to applicable rules, regulations and provisions of the University, every Student has the right to freedom of movement on campus, and freedom of association on campus, including the right to join any student group, association or society and to participate in student life in general.
• Every student society has the right to fair and equitable treatment by the SRC and the Management of the University.

Section 12 Assembly, demonstration and petition

• Subject to the policies, rules and regulations of the University, every Student has the right to peaceful assembly and demonstration on campus, and to submit petitions to the SRC and to the University Authorities; provided that any such petition must contain the Student’s name and student number.
• The sole purpose of the disclosure requirement in the case of the submission of a petition in terms of section 12(1) of this chapter is to determine the authenticity of such petition, and no Student may be victimised or intimidated by virtue of the preparation, organisation and submission of such a petition.

Section 13 Right to vote in SRC elections

Every Student has the right to vote in elections for the SRC or any other Student Governance Structure in accordance with the provisions of this Constitution and section 59 of the Statute of the University and to do so in secret, and to make him or herself available for election to these structures, subject to the fair and relevant eligibility requirements of such structures and subject to the provisions of this Constitution.

Section 14 Freedom of expression

• Subject to sections 15, 34, 35 and 37 of the Constitution of the Republic of Malawi and to applicable University and Faculty regulations which are reasonable and justifiable, every Student has the right to freedom of expression which includes:
  • freedom of the student media;
  • freedom of academic expression and scientific research;
  • freedom to receive information from the University and Student Governance Structures on matters that affect their rights; and
  • freedom of clothing and appearance.
• The right in subsection 14(1) does not extend to- (a)   propaganda for war;
  • incitement of imminent violence; or
  • advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Section 15 Access to information

Every Student has the right to: –

• be informed within a reasonable time of any decisions taken by the SRC on any matter affecting the rights or interests of the Student in their capacity as a Student of the Potàmi International University.
• information held by the SRC or another Student governance structure if such information bears upon the rights or interest of such Student in their capacity as a Student of the Potàmi International University.
• be informed timeously about the programme of the SRC and other Student Governance Structures.
• information held by the Potàmi International University authorities or administration if such information bears upon rights or interests of the Student in their capacity as a Student of the Potàmi International University; provided that no Student is entitled to information to which they would not be entitled to by Malawi law, and provided further that the manner of access to such information may be regulated by University rules.

Section 16 Administrative action

Every student whose rights or legitimate expectations are materially and adversely affected by any decision taken by a student body or a member of a student body, has the right to –

• be notified of the nature and purpose of the proposed action;
• a reasonable opportunity to make representations;
• adequate notice of any right of review or internal appeal, where applicable; and
• request reasons for the decision and to be furnished with written reasons within a reasonable time.

Section 17 Limitation

• The rights in this chapter may only be limited in terms of legal rules of general application, which, for purposes of this section, are deemed to include University regulations, rules and policies.
• Any limitation must be designed to achieve an objective that is consistent with the values of an open and democratic community based on human dignity, equality and freedom.
• The impact of any limitation must be proportionate to its objective.

Section 18 Enforcement

Any Student, any Student Structure or Student group acting in the interests or on behalf of a group or class of Students may approach the Constitutional Tribunal for appropriate assistance in the event of an alleged violation of their rights under this Constitution.

Section 19 Interpretation

The interpretation of the Bill of Student Rights must conform with Chapter IV of the Constitution of the Republic of Malawi, the National Council for Higher Education Act of 2011, the Statute of the Potàmi International University and University regulations and policy and reflect the values and principles contained in the Preamble to this Constitution and give preference to an interpretation of this Constitution that will promote efficient and effective student governance. 

CHAPTER 3 – STUDENT REPRESENTATIVE COUNCIL

Section 20 Status of the SRC

• The SRC, must act in accordance with this Constitution, the Statute of the Potàmi International University and the Institutional Rules of the Potàmi International University. 
• The SRC is subject to the authority of the Council and other relevant University Authorities.
• The SRC is accountable to the Student Body in terms of sections 31, 35(2)(d) and 44 of this Constitution.
• In recognizing the status and role of the SRC, the University Management will create an enabling environment to support the functioning of the SRC.

Section 21 Composition of the SRC

(1)    SRC Members

The SRC comprises of a maximum of 19 (nineteen) SRC Members, consisting of 12(twelve) Elective Portfolios and 7(seven) Ex Officio Portfolios.

(2)    Elective Portfolios

The following 12 (twelve) Elective Portfolios are constituted by candidates contesting in the annual SRC Election, where each candidate may contest for a maximum of two portfolios listed below, with a candidate being appointed as the SRC Member, for (one of) the portfolio(s) for which the candidate was contesting, on a First-Past-The-Post basis in accordance with the Election Procedure:

• President
• Deputy President
• SRC Secretary
• SRC Deputy Secretary
• SRC Treasurer
• Facilities, Safety and Security
• Marketing, Media and Communications
• Study Finance
• Postgraduate and International Student Affairs
• Day Student and External Campus Affairs
• Societies
• Transformation and Student Success

(3)    Ex officio Portfolios

The following seven (7) Ex Officio Portfolios are constituted by the candidates elected by each of the respective Sub-Councils or Committees listed below, to represent such Sub-Council or Committee as the SRC Member for that Ex Officio Portfolio in accordance with the Election Procedure:

• 2 Academic Affairs Sub-Council Representatives;
• 2 Residence Sub-Council Representatives;
• 1 Rag Committee Representative;
• 1 Student Sport Committee Representative; and
• 1 Student Culture Committee Representative.

(4)    Reallocation of Portfolio duties

The SRC may for a particular SRC Term resolve by two thirds majority to reallocate portfolio functions of any of the Elective Portfolios but excluding that of President, Deputy President, SRC Secretary, SRC Deputy Secretary and SRC Treasurer; in order to achieve the most appropriate and effective execution by the SRC of its objectives for a particular SRC Term or to address vacancies in any of the SRC portfolios.

Section 22 Responsibilities of the SRC

• The SRC must, as a Council, jointly develop a plan of action that must, with due consideration of the budgetary allocations, among other things give effect to its responsibilities as described in section 22(3) of this Constitution. The plan of action must be developed before the official opening of the academic year and must be submitted to the Director: Student Affairs for consideration. After approval of the plan of action by the Director: Student Affairs and the Executive member responsible for Student Affairs, the SRC must make it available to the Student Body and inform the Student Body how and where to access the plan of action.
• The Department of Student Affairs is responsible for the training of the SRC and its committees. The SRC must ensure that its members receive suitable training by attending compulsory training sessions. Members of the SRC may create working groups from among the members of the SRC for purposes of implementing the tasks outlined in the plan of action.
• In exercising its powers and functions the SRC must take reasonable steps to: (a)    actively promote the realisation of the University 2029 vision.
  • effectively and efficiently develop and implement policy relating to student governance and student affairs, duly taking into account decisions taken, recommendations made and views expressed by the Student Body.
  • create structures for student affairs and ensure the accountability of such structures to the Student Representative Council, and if such structures are already in existence, ensure the accountability of such structures.
  • exercise effective control over all structures under its authority and consider any objection from a Student against a decision or conduct of any officebearer, or structure under its authority;
  • ascertain Student opinion;
  • adopt and implement measures to promote services to Students, liaise with Service Providers towards the advancement of services to Students and request the University whenever the interest of Students so require to establish additional Service Providers;
  • subject to the provisions of this Constitution, to extend recognition to and withdraw recognition from any Society under its authority in accordance with the Society Sub-Council Constitution.
  • consider and, if found to be acceptable, approve the constitutions of all structures under its authority, including relevant structures referred to in Chapters 5 and 6 of this Constitution, respectively.
  • liaise with other institutions, Student Representative Councils of other institutions, as well as national and international student organisations;
  • effectively execute its powers and duties in terms of this Constitution or specifically assigned to it by the University Council or University authorities.
  • conduct the day-to-day administration of student governance and student affairs in co-operation with the Director: Student Affairs or their designated representative and individually and collectively make themselves available to attend to the day-to-day needs and problems of Students, and to do so in consultation with the SRC member for the relevant portfolio;
  • represent the Student constituency on the University Council, the Senate and the Institutional Forum and all other statutory bodies of the University; and in this capacity, acts in the broad interests of the University when bringing matters affecting the Student Body to the attention of the University authorities;
  • communicate the needs and interests of Students to Service Providers and to cooperate with Service Providers in the best interest of the Student Body and all constituent parts thereof;
  • organise and promote extramural activities among Students;
  • initiate relevant community projects and coordinate Students’ involvement in such projects;
  • where institutions representing certain groups or categories of Students exist, to liaise with such institutions, learn and consider their views and needs;
  • receive and account for financial allocations made by the University Council to the SRC and carry out financial activities, including fundraising, in accordance with this Constitution (in particular section 23(6)) or the powers conferred on it by the University Council and administer in the interests of the Students such funds or other assets that may be allocated to it by the University Council, or received by it from any other source;
  • make its views known on matters of general concern likely to be of interest to or to affect Students or a group of Students; provided that the Department of University Relations, and in particular the media liaison office, be informed of all media liaison. All media releases must state on whose behalf

such statement is released and must be authorized by such body. In the case of media releases and media conferences, the Department of University Relations must be given advance notice;

• promote, and to the extent that it is legally and factually competent, ensure the enforcement of judgments of the Constitutional Tribunal;
  • identify and communicate any shortcomings in this Constitution to the Vice-

Principal: Student Affairs and Residences or Director: Student Affairs; and

• keep comprehensive minutes of all SRC meetings and submit such minutes to subsequent meetings of the SRC for approval.

Section 23 Responsibilities of office bearers

(1)    The Executive Committee of the SRC

• The SRC has an Executive Committee consisting of the President, the Deputy President, SRC Secretary the SRC Deputy Secretary, and SRC Treasurer.
• The Executive Committee meets regularly and conducts the day-to-day management of the SRC and specifically performs urgent duties of an administrative and technical nature, makes all the necessary decisions in this regard and diligently reports back to the SRC. The Executive Committee conducts these functions in accordance with its own internal arrangements, within the parameters of the Code of Conduct and this Constitution and with a view to achieving the greatest measure of efficiency.
• The Executive Committee may be assisted by members of the SRC who do not serve on the Executive Committee.
• Subject to all relevant legislation,Point-Uni policies as well as sections 7, 14 and 22(3)(r) of this Constitution, the Executive Committee of the SRC may interact with the media, after consultation with the SRC, and offer opinions on issues as they arise.
• The Executive Committee of the SRC represents the SRC on various official or adhoc forums and/or at other appropriate meetings of the University.

(2)    President

• The President of the SRC is the head of the Student Governance Structures and is known as the President of the SRC.
• The President: –
  • ensures and oversees the execution and implementation of SRC responsibilities, programmes and activities;
  • convenes and presides over all meetings of the SRC and its Executive Committee;
  • prepares quarterly reports on the SRC’s progress in implementing its action plan for tabling at Student Forum meetings. The quarterly reports must be made available on the University website and notice boards on all campuses two weeks before the next quarterly meeting.
  • addresses the Student Forum as defined in section 44 at its meetings on at least four (4) occasions during its term of office on the progress of SRC programmes;
  • must attend and do whatever is reasonably necessary to ensure the success of mass meetings and presides over mass meetings;
  • liaises with all student structures as well as Management at the University;
  • may attend, and, address all meetings of committees, Student Governance Structures, sub-committees, sub-councils and other bodies and organizations under the authority of or affiliated with the SRC and communicate the views of the SRC to such committees, Student Governance Structures, sub- committees, sub-councils and other bodies and organizations; and
  • is responsible for maintaining sound relations with persons and bodies outside the University: Provided that the President may delegate this responsibility to other members of the Student Representative Council.
• During any period of absence of the President or inability to perform their duties for whatever reason, the Deputy President acts as President.
• During any period of absence of the President and Deputy President or inability to perform their duties for whatever reason, the SRC Secretary acts as President.

• Deputy President

The Deputy President:

• diligently deputises for the President and assists and supports the President in executing their responsibilities, powers, duties and functions and fulfils any such functions and duties as may from time to time be assigned to him/her by the SRC or the Executive Committee of the SRC; and
• must attend and do whatever is reasonably necessary to ensure the success of mass meetings in accordance with the provisions of Chapter 7 of this Constitution.
• is responsible for seeing to it that the constitution of a structure under the authority of the SRC is tabled at a SRC meeting and that the constitution has been referred to the Constitutional Tribunal for approval on its technical aspects.
• is responsible for ensuring the process for the appointment of the Constitutional Tribunal for the next term takes place in accordance with the Constitutional Tribunal Constitution.

(4)    SRC Secretary

The SRC Secretary is the administrative officer of the SRC and: –

• co-ordinates the day-to-day management of operations and activities of the SRC;
• acts as the secretary of SRC meetings and is responsible for performing and regulating minute taking of all SRC and Executive Committee of the SRC meetings including the distribution of agendas and minutes and the communication of decisions and for coordinating the maintenance of the archives of the SRC;
• is responsible for the communication of SRC decisions to the Student Body by way of the distribution of SRC minutes;
• executes the duties in relation to mass meetings described in Chapter 7, including organising mass meetings, disseminating information relating to mass meetings and acts as secretary at mass meetings to take minutes at the mass meeting;
• supports the President in the execution of their functions and duties;
• subject to all relevant legislation, Point-Uni policies as well as sections 7, 14 and 22(3)(r) of this Constitutionis responsible for overseeing all print and electronic media statements that fall within the mandate of the SRC.

• SRC Deputy Secretary

The SRC Deputy Secretary

• Assists and supports the SRC Secretary in executing their responsibilities, powers, duties and functions as well as any such functions and duties that may from time to time be assigned to him/her by the SRC or the Executive Committee of the SRC.
• is responsible for all administrative matters of the Student Forum in relation to the SRC, which includes but is not limited to all communication between the SRC and Student Forum.

(6)    SRC Treasurer

• The SRC Treasurer is responsible for open and transparent financial administration of the SRC in accordance with the financial policies, policy documents, rules and regulations of the University and is accountable to the relevant University authorities.
• The financial administration is to include: –
  • budgetary responsibilities in keeping with the approved SRC plan of action,
  • recording and controlling of all financial transactions,
  • allocation of funds to structures entitled thereto in accordance with the approved budget, after consulting the relevant structure. The Treasurer must thereafter release a public statement on the rationale used for the allocation of funds,
  • the raising of funds whenever necessary in accordance with University policy and regulations in this regard, and (v) financial reporting.
• Coordinate, in accordance with the University’s policy, procedures and fundraising guidelines, fundraising initiatives to supplement the SRC’s operational costs and initiate the drafting of sponsorship agreements in accordance with institutional policy and the vision of the SRC: Provided that no agreements may be signed by any student on behalf of the Potàmi International University.

(7)    Non-Executive Elective Portfolios of the SRC

• Facilities, Safety and Security
  • Facilities, Safety and Security portfolio member will handle matters regarding the use of facilities on campus, the security of students and transport.
  • Address issues that students have regarding inadequate facilities or suggestions on how to improve parts of campus.
  • Liaise with Campus Security Services and assist them in matters relating to student safety and its promotion.
  • For transport the responsibilities involve assessing the transportation system on campus such as the bus routes, lobbying for more or less buses depending on the need, addressing concerns and requests from students regarding transport.
  • Attend and report back on the University Facilities Management meetings.
• Marketing, Media and Communications
  • Primarily responsible for handling the SRC’s brand and image, which includes SRC uniforms.
  • Maintenance of the SRC website and the promotion of SRC activities and events that might arise.
  • Subject to all relevant legislation, Point-Uni policies as well as sections 7, 14 and 22(3)(r) of this Constitution, interact with the media, including all social media platforms, after consultation with the SRC and offer opinions on issues as they arise.
  • Shall chair the SRC Events Committee.
  • Shall plan and host student social life events of the SRC.
• Study Finance
  • Administer the Study Finance Aid scheme which will assist students with textbooks during the course of the year.
  • Coordinate SRC fundraising initiatives to sustain the SRC Study Aid Fund.
  • Address students concerns regarding policies related to funding.
• Postgraduate and International Student Affairs
  • Ensure that the needs of Postgraduate and International students are catered to.
  • Liaising with the Postgraduate office and International Students

Division.

• Actively promote the realisation of the University 2029 research vision
  • Liaise with the postgraduate representatives from each Faculty House and residence.
• Day Student and External Campus Affairs
  • The portfolio must plan, implement and monitor projects that will ensure that Day students feel included in student life.
  • Address the concerns of the students of all Campuses as we establish them.
  • Create and chair the Sub-Council for University recognised Day Houses and ensure that concerns raised by the students are brought to the attention of the SRC and that concerns raised by the SRC are brought to the students’ attention.
• Societies
  • Serve as chairperson of the Societies Sub-Council
  • Meet with the Societies Sub-Council once a quarter.
  • Manage all the administrative work of registering societies.
  • Encourage the projects pool applications for community development amongst registered societies.
  • Receive management reports from the chairpersons of registered societies by no later than 30 September annually.
  • Coordinate all communications with societies.
• Transformation and Student Success
  • Serve as the chairperson of the Transformation Sub-Council.
  • Ensure that the University is accessible to all students in the best possible manner and consider how to make University life more inclusive of all the cultures represented by its students.
  • Investigate the promotion of languages on campus.
  • Address issues arising from students placed in private accommodation by the University.
  • Address issues relating to barriers experienced by disabled students.
  • Address issues relating to transformation and first-generation students.
  • Address issues relating to physical and mental health and wellness as potential barriers to student success.

(8)    Ex Officio Portfolios of the SRC

• The Ex Officio members of the SRC must represent the interests of their student governance structure on the SRC.
• All Ex Officio members must attend SRC meetings and account to the SRC for their student governance structure.
• SRC Academics
• Represents the Academic Affairs Sub-Council on the SRC, which represents the academic interests of students in all faculties of the University.
• Must continue to fulfil the duties assigned to him/her as elected executive committee member of their faculty house.
• Responsible for the day to day tasks relating to academic queries by students or faculty houses, as submitted to the SRC.
• Is responsible for assisting students with queries during the enrolment process during the January registration period in consultation with the enrolment officer of the University,
• Liaises with the relevant student leaders sitting in academic appeal committees regarding academic exclusion cases.
• Assists the SRC member for Day Students and External Affairs with academic cases on external campuses.
• Residences
  • Represents the Residence Sub-Council on the SRC, which represents the interests of students living in various forms of University-controlled student accommodation.
  • Must continue to fulfil the duties assigned to him/her as elected executive committee member of their residence/house.
  • Is responsible for addressing issues arising from the students placed in private accommodation by the university.
  • Is responsible for assisting in ascertaining private accommodation suitable for accreditation.
  • Is responsible for liaising, in consultation with the SRC member for Day Students, with day house chairpersons in terms of policies, constitutions and activities.
  • Is responsible for ensuring effective communication, accountability and transparency with the Department of Residence Affairs and Accommodation.
  • Is responsible for liaising with the Department of Residence Affairs and Accommodation and the Residence Sub-Council.
• SRC Student Sport
  • Represents the interests of the Student Sport Committee on the SRC and must account for the activities of the Student Sport Committee.
  • Must continue to fulfil the duties assigned to him/her as elected executive committee member of the Student Sport Committee.
  • Is responsible for assisting the SRC member for Transformation and Student Success with issues relating to student health and wellness.
  • Must promote recreational activities offered by the SRC and TuksSport.
  • Responsible for promoting an inclusive environment, in terms of recreational activities, wellbeing and sport, for students with disabilities.
• Student Culture
  • Represents the interests of the Student Culture Committee on the SRC and must account for the activities of the Student Culture Committee.
  • Must continue to fulfil the duties assigned to him/her as elected executive committee member of the Student Culture Committee.
  • Is responsible for overseeing student culture events and policies to ensure that they are aligned with the institutional policy for student life.
  • Must ensure that cultural events are successfully hosted and that the diverse offering caters for all students of the University.
• RAG
  • Represents the interests of the Point-Uni RAG Committee on the SRC and must account for the activities of the UP RAG Committee.
  • Must continue to fulfil the duties assigned to him/her as elected executive committee member of the Point-Uni RAG Committee.
  • Is responsible for overseeing opportunities for registered student societies to participate in community engagement projects that are aligned with the vision and values of the University.
  • Shall in consultation with the SRC Treasurer, ensure that project pool funds are used for community engagement projects that are in line with the SRC’s vision.
  • Is responsible for receiving project pool reports from all structures who received project pool funding in that year by no later than 30 September annually.

Section 24 Eligibility requirements to serve on the SRC

• To be eligible for nomination as a candidate for the SRC in any SRC Election for either the Elective Portfolios or the Ex Officio Portfolios, a candidate must meet all of the following requirements. The candidate must:
  • be registered for a degree or a diploma at Potàmi International University;
  • in the case of an undergraduate student, must have completed three (3) consecutive semesters at the Potàmi International University, having enrolled for at least 80% of modules required for their qualification in those semesters and have attained a Grade Point Average (GPA) for the semester preceding the elections of sixty percent (60%). In the case where an undergraduate student is registered for one (1) or more year module(s) during their year of nomination, the Department of Student Affairs should request, from the relevant Department, the mid-year academic performance mark(s) for the year module(s) for which the student is registered, and take these marks into account with the student’s GPA.
  • in the case of a student enrolled for a coursework postgraduate qualification have obtained a sixty percent (60%) average in the semester preceding the election;
  • in the case of a postgraduate student who is registered for a research degree present written confirmation by the Faculty administration of the Faculty in which they are registered that sufficient progress has been made for the student to complete the degree or diploma within the prescribed minimum period;
  • not have been found guilty by a disciplinary committee of the University for transgression of the Disciplinary Code or other rules and regulations of the University;
• Where the candidate elects to stand for the Elective Portfolio of President or Deputy President, they must meet the conditions set out in section 24(1), and have served on the leadership body of a recognised Student Governance Structure within the University prior to the SRC Election for which the candidate is being nominated.
• A student who is elected or who occupies a position in a Student Governance Structure and who no longer complies with the requirements of section 24(1) automatically forfeits their membership with immediate effect and is replaced in accordance with the procedures contained in this Constitution.

Section 25 Elections

• SRC candidates for the Elective Portfolios stand as individual candidates and are elected by students in accordance with the Election Procedure set out in Annexure A.
• Students are entitled to nominate and vote for candidates for Elective Portfolios.
• The SRC member-elect for a specific portfolio may create a working committee for that portfolio from the list of candidates that stood for the same portfolio during elections, and only seek additional student members if the list is exhausted.
• Student Sub-Councils and Committees must elect from among their executive committees the candidates for Ex Officio Portfolios.
• SRC Elections must be held annually in the second semester of each year, by no later than the close of lectures in the second semester.

Section 26 Term of office

• The term of office of the SRC and of the members of these bodies is one year, commencing on January 1 of the year following their election, and expiring on 31 December of that year.
• Training of the newly elected SRC must take place after the SRC election and before commencement of their term of office.
• Training will include mentorship offered by the incumbent SRC to the newly elected SRC. The incoming SRC will shadow the outgoing SRC through attending meetings and SRC commitments, and establish operating principles for their term.
• All incoming members of the SRC are required to attend a mandatory ceremony for acceptance of the oath of office, arranged by the Department of Student Affairs. The newly elected SRC may only commence their term when they have taken oath of office, and may only assume their full role on completion of the training programme and signing the SRC Code of Conduct.
• Provided the Eligibility Requirements are met and a candidate is elected in accordance with this Constitution, a SRC Member may stand, be re-elected and serve for a total of 2 (two) terms as an SRC Member, unless a candidate for their 2^nd (second) SRC Term is elected to the Elective Portfolios of President or Deputy President, in which event the candidate is entitled to stand for a further 1 (one) SRC Term following their 2nd (second) SRC Term, provided that no candidate may stand, be re-elected and serve more than 3 (three) SRC Terms in total and no candidate may serve more than 2 (two) SRC terms in the same SRC portfolio.

Section 27 Code of Conduct

• After the appointment of the members but before the commencement of the term of office of all Student Governance Structures all the members of such structures must sign the SRC Code of Conduct. Failure to do so before the start of the term of office will result in the person concerned forfeiting their membership. The vacancy resulting from such forfeiture must be filled in accordance with the provisions of section 32 of this Constitution.
• A written complaint of alleged breach of the SRC Code of Conduct may be laid by a student or staff member with the Office of the Director: Student Affairs.
• Upon receiving a complaint the Director: Student Affairs requests the Constitutional Tribunal to investigate the alleged breach. The Constitutional Tribunal must submit a report to the Director: Student Affairs within a reasonable time of receipt of the mandate.
• If, after receiving the report of the alleged breach compiled by the Constitutional Tribunal, the Director: Student Affairs considers the complaint to be clearly unfounded they dismiss the complaint and inform the complainant accordingly.
• If the Director: Student Affairs makes a finding that a serious breach of the SRC Code of Conduct was in fact committed they may make an appropriate order. The order may include a fine and/or a ruling that the person must vacate their seat on the Student governance structure concerned.
• If the Director: Student Affairs considers the alleged breach to be a transgression of the University’s Disciplinary Code, the Director: Student Affairs may refer the complaint to the University disciplinary committee for Students, which acts in accordance with its powers.

Section 28 Meetings

• Ordinary meetings of the SRC are held weekly. The first meeting of the SRC elect is held within a week after its election. No ordinary meetings are held during official examinations and recess periods. A schedule of ordinary meetings is prepared and communicated at the first meeting of the SRC.
  • A staff member or registered student may attend an ordinary SRC meeting on invitation or when granted permission for a specific purpose.
  • A request to attend a particular ordinary SRC meeting must be submitted to the SRC Secretary in writing at least five (5) calendar days before the said meeting.
  • A member of the public may only be invited to attend an ordinary meeting of the SRC subject to prior written consent by the Executive member responsible for Student Affairs.
• On the instruction of the President, or at the written request of at least seven (7) of SRC members, accompanied by a proposed agenda, the SRC Secretary must convene a special meeting of the SRC forthwith: Provided that notice of this special meeting must be given to all members of the SRC at least twenty four (24) hours before the time for the commencement of the meeting, and such notice must include the date, time and place of the meeting, as well as the agenda for the meeting.
  • Meetings are not open to the Public, provided that the Director: Student Affairs, Deputy Director: Student Affairs or any member of the Executive of the University, either of their own accord or at the invitation of the SRC may attend a SRC meeting as an observer.
  • A person who intends to attend a meeting of the SRC as an observer must notify the SRC Secretary of said intention in order to be provided with a copy of the agenda. Where individual persons or particularly sensitive matters are discussed, the President may declare the discussion of a particular item closed to observers.
• Meetings are chaired by the President provided that the President and the Deputy President may arrange that meetings or part thereof be chaired by the Deputy President.
• Accurate minutes of all meetings must be kept and provided to members of the SRC, the Director: Student Affairs and Deputy Director: Student Affairs, and at their request, to the University Authorities. Minutes of SRC meetings are Public Documents and any member of the University community has the right, subject to fair procedural arrangements made by the SRC Secretary, to inspect the minutes of all previous meetings of the SRC. Once approved, minutes must also be posted on the SRC website.
• The quorum for meetings of the SRC is two thirds of the members of the SRC. The quorum is determined at the start of the meeting. If the required quorum is not present at the beginning of a meeting the President or the Deputy President as the case may be, adjourns the meeting to a different date and immediately gives oral notice of the next meeting, stating the date, time and place of such meeting, and must contact all members of the SRC not present to inform them of the arrangements for the next meeting. If at that meeting a quorum is still not present, the President or the Deputy President as the case may be, follows the same procedure as set out in this subsection. If at the third meeting the required quorum is still not present, a quorum is deemed to be present and the meeting continues as if it is properly constituted.
• All SRC members shall attend SRC meetings and events in full uniform as defined in its own code of conduct

Section 29 Decision Making

• Decisions taken by the SRC must be taken on the basis of robust discussion with a view to achieving consensus, failing which the members must vote to reach a decision.
• Decisions taken by the SRC are taken on the basis of a simple majority vote of members present at a meeting where a quorum is present or deemed to be present.
• If there is a split vote, the President casts the deciding vote.
• When the SRC is not in session the Executive Committee of the SRC, in terms of section 23(1) of this Constitution, takes management decisions on the day-today technical and operational matters, provided that these are duly minuted and approved by the SRC at the next meeting.

Section 30 Dispute Resolution

• Where a dispute arises in the SRC that renders the SRC unable to discharge its responsibilities or perform its duties, any member of the SRC may refer such dispute to the Constitutional Tribunal in the manner provided for in this section.
• With a view to resolving the dispute the Constitutional Tribunal convenes and the Chief Justice, Acting Chief Justice, or a judge of the Constitutional Tribunal chairs a meeting of the SRC during which full discussion of the dispute is allowed. An additional two (2) judges of the Constitutional Tribunal may preside depending on the nature of the dispute.
• Where the dispute is resolved, the Constitutional Tribunal records the resolution.  Such resolution constitutes a binding decision of the SRC.
• If notwithstanding the procedure described in this section, the dispute still remains unresolved the Constitutional Tribunal arbitrates the matter and makes a binding ruling.
• The Director: Student Affairs may review the ruling if considerations of justice and fairness so require, and may amend or set aside the ruling. Such review must take place within one (1) week of the ruling being made.
• The provisions of this section do not detract from the powers of the University Council described in section33.

Section 31 Termination of Membership

• A member of any of the Student Governance Structures ceases to be a member of the structure and immediately vacates their position when: –
  • they cease to meet any of the requirements set out in section 24 of this Constitution;
  • they are found guilty by a disciplinary committee or tribunal of the University for a transgression of the Disciplinary Code or other rules and regulations of the University;
  • in terms of section 27 they are found to have seriously transgressed the Code of Conduct of the SRC;
  • they in a written communication to the President of the SRC resign;
  • if they are a member of the SRC and is absent without written apology or without a written apology containing a valid reason from five (5) ordinary meetings of the SRC during their year of office; or
  • if they fail to sign the Code of Conduct as provided for in section27.
  • After a recommendation from the SRC disciplinary committee to terminate membership, the SRC in its ordinary meeting must ratify the decision by a two-thirds majority vote.
• The Executive member responsible for Student Affairs and Director: Student Affairs must be notified forthwith in writing of any cessation of membership or removal from office.
• Should the aggrieved member not be satisfied with the ruling of the SRC, the member may appeal such a decision to the Vice Principal: Student Affairs and Residences in accordance with the procedure set out in the SRC Code of Conduct.

Section 32 Filling of Vacancies

• In the event of a vacancy arising for whatever reason in any of the Elective Portfolios during the SRC’s term of office the Director: Student Affairs must appoint the next available runner-up candidate (continuing to meet the Eligibility Requirements) in the SRC Elections for the specific vacant Elective Portfolio.
• If no suitable candidate can be found in terms of section 32(1) the functions of the vacant Elective Portfolio must be reassigned by the SRC amongst the remaining SRC members holding Elective Portfolios for the remainder of the

SRC Term.

• In the event of a vacancy arising for whatever reason in any of the Ex Officio Portfolios, the relevant Student Sub-Council or Committee to which the vacant Ex Officio Portfolio relates, must as soon as possible following the occurrence of the vacancy, elect a replacing SRC Member, meeting the Eligibility Requirements, and subject to Regulation in Annexure A, for the vacant Ex Officio Portfolio for the remainder of the SRC Term and the Chief Electoral Officer must appoint this candidate for the specific vacant Ex Officio Portfolio.

Section 33 Extraordinary measures

• If there are reasonable grounds for the Council of the University to believe that the SRC is objectively incapable of discharging its basic responsibilities and duties as described in section 22 and has as result become inoperative or unable to function properly the University Council may:
  • dissolve the SRC, revoke this Constitution, make interim arrangements for the functioning of the SRC, and/or initiate a process to have a new SRC Constitution drafted;
  • arrange for elections to be held in accordance with the election procedure in Annexure A within a period not exceeding six (6) months from the date of dissolution; and
  • appoint a Temporary Student Committee consisting of 4 members of SRC and 8 members from other structures of student governance upon them meeting the eligibility requirements in section 24. The Temporary Student Committee will administer any urgent affairs of the SRC until a new SRC is elected.
• If the SRC is not representative within the meaning of paragraph 59(4) of the Institutional Statute of the Potàmi International University, the Council may invoke section 59(10) of the Statute of the Potàmi International University.

 

 

CHAPTER 4 – CONSTITUTIONALTRIBUNAL

Section 34 Establishment and Status

• The Constitutional Tribunal has the jurisdiction and functions in terms of this Constitution and in terms of the Constitution of the Constitutional Tribunal that must be adopted by the SRC. The Constitution of the Constitutional Tribunal is drafted by the Judges of the Constitutional Tribunal in consultation with the SRC.
• The Judges of the Constitutional Tribunal are appointed in terms of the Constitution of the Constitutional Tribunal.
• The Constitutional Tribunal is independent, impartial and objective and receives an annual financial allocation from the Director: Student Affairs.
• In the event of a dispute between the SRC and the Constitutional Tribunal or its Judges, in relation to the adoption or ratification of the Constitution of the Constitutional Tribunal, such dispute is decided by a dispute commission of legal experts appointed by the Executive member responsible for Student Affairs. The decision of the dispute commission is final.
• Ordinary meetings of the Constitutional Tribunal must be held every other week in accordance with the Constitution of the Constitutional Tribunal. The first meeting of the Constitutional Tribunal is held within a week after the appointment of the judges.
• Section 27 of this Constitution is not applicable to the Constitutional Tribunal: Judges will be subject to a ‘Judicial Code of Conduct’, adopted in terms of the Constitution of the Constitutional Tribunal and in consultation with the SRC and approved by the Director of Student Affairs.
• In terms of the Disciplinary Code (Students) the Constitutional Tribunal appoints Judges to sit on the panels of the Disciplinary Committee as student members.
• The Constitutional Tribunal and individual members of the Tribunal have the additional powers and functions conferred upon it by the Executive of the University.

Section 35 Jurisdiction of the Constitutional Tribunal

• The binding jurisdiction of the Constitutional Tribunal extends only to students and all student structures. 
• Within the limits of its binding jurisdiction the Constitutional Tribunal will be competent to:
  • Exercise judicial review powers and make orders that are just and

equitable; 

• Mediate or adjudicate disputes,
  • Issue non-binding advisory opinions which are communicated to the requester/s as well as to the Department of Student Affairs and the SRC;
  • Undertake investigations in terms of section 27. 
• Any student or student structure of the University may approach the

Constitutional Tribunal. 

• A party adversely affected by a final decision of the Constitutional Tribunal may apply for a review of that decision to the Director: Student Affair who must designate a fit and proper person to dispose of the matter.

Section 36 Composition of the Constitutional Tribunal

• The bench of the Constitutional Tribunal is composed of undergraduate students who are at least in the penultimate year of their studies and postgraduate  students appointed in accordance with the constitution of the Constitutional Tribunal provided that no member of the SRC may, for a period of one (1) year after their term in these bodies has expired make him/herself available for a position as a member of the bench or any other post of the Constitutional Tribunal.
• The head of the Constitutional Tribunal is the Chief Justice. An Acting Chief Justice discharges the duties of the Chief Justice if the position of Chief Justice is vacant or if the Chief Justice is temporarily incapable of performing their duties.
• To be eligible to serve on the Constitutional Tribunal candidates must meet all of the following requirements:
  • be an undergraduate student in the penultimate year of their studies or in the final year of their studies; or a postgraduate coursework or research (Masters) student.
  • in the case of an undergraduate student, must have completed three (3) consecutive semesters at the Potàmi International University, having enrolled for at least 80% of modules required for their qualification in those semesters and have attained a Grade Point Average (GPA) for the semester preceding the elections of sixty- five percent (65%);
  • in the case of a student enrolled for a coursework postgraduate qualification have obtained a sixty- five percent (65%) average in the semester preceding the election;
  • in the case of a postgraduate student who is registered for a research degree present written confirmation by the Faculty administration of the Faculty in which they are registered that sufficient progress has been made for the student to complete the degree or diploma within the prescribed minimum period;
  • not have been found guilty by a disciplinary committee of the University for transgression of the Disciplinary Code or other rules and regulations of the University.  

CHAPTER 5 – SUB-COUNCILS AND COMMITTEES

Section 37 Structures under the authority of the SRC

• All structures under the authority of the SRC shall retain their independence but shall be accountable to the SRC and the student body that has elected such structures.
• All structures under the authority of the SRC shall be governed by their own constitutions which shall be aligned with institutional policy and this constitution and/or its amendments and shall be approved by the SRC.
• All structures under the authority of the SRC shall receive funding in line with the Regulation for the Allocation and Monitoring of Funds Policy of the SRC.
• The SRC may refuse to approve new constitutions, rules, regulations or amendments submitted by the relevant structure on the basis of: (a) Procedural unfairness

(b) Incompatibility with the structure’s constitutional mandate or the constitutional framework of this constitution.

• The relevant structure may appeal to the Constitutional Tribunal against the refusal of the SRC referred to in 37(4) above.

Section 38 Academic Affairs Sub-Council

(1)    Composition

• The Academic Affairs Sub-Council consists of the chairpersons of each of the established faculty houses elected according to their own constitutions.
• Subject to regulation 9 of Annexure A, at a meeting of the Academic Affairs Sub- Council, the members elect from amongst themselves, in accordance with the Election Procedure in Annexure A, two Academic Affairs SubCouncil representatives who serve as the Ex Officio member on the SRC for the body.
• An Academic Affairs Sub-Council representative holds a dual position of Academic Affairs Sub-Council representative to the SRC and retains their seat as an executive committee member of the respective faculty house that they represent during their term of office.
• An Academic Affairs Sub-Council representative to the SRC hold such position for the duration of the SRC term of office from 1 January to 31 December of that year.

(2)    Responsibilities

• The Academic Affairs Sub-Council must:
  • at all times represent the academic interests of students
  • exercise the powers necessary for the performance of its duties as

stipulated in accordance with their respective Faculty House and Faculty Sub-house constitutions;

• represent the interests of Faculty Sub-houses and facilitate the allocation of funds for Faculty Sub-houses;
  • articulate the academic related queries emanating from the student body;
  • meet at least once a month to discuss pertinent issues concerning student academic interests that must be represented at SRC meetings as well as receive feedback from the Ex Officio Academic Affairs Council Representatives on the SRC concerning addressed matters. These meetings must be minuted and the record forwarded to the SRC secretariat;
• The Academic Affairs Council Representatives are responsible for administering the allocation of the SRC Honorary Colours awards;
• The Academic Affairs Council Representatives must attend weekly SRC meetings.

(3)    Constitutional mandate

The Academic Affairs Sub-Council has a constitutional mandate to actively promote the rights of students contained in Chapter 2, and specifically the right, under section 10(2), to quality education, academic support and transparent and justifiable assessment procedures.

(4)    Constitutions, rules and regulations

• The Academic Affairs Sub-Council may, upon approval by the SRC, adopt or amend any constitutions, rules or regulations that organise its activities.
• The SRC may refuse to approve new constitutions, rules, regulations or amendments submitted by the Academic Affairs Council on the grounds of– (i) procedural unfairness; or

(ii) incompatibility with the Academic Affairs Sub-Council’s constitutional mandate or the constitutional framework of student governance at the University.

• The Academic Affairs Sub-Council may appeal to the Constitutional Tribunal against a refusal by the SRC under section37(4)(b).

(5)    Structure and operations

• Each Faculty House consists of the over-arching Faculty House as well as Sub-houses, which are department-based affiliations to the Faculty House
• Students in a particular Department are de facto members of the Subhouse, and member of the Sub-house executive are eligible to be elected to the Faculty House committee.
• Faculty Houses oversee the election of office bearers for their respective Sub-houses in a transparent manner and aligned to the principles for election of Student Governance Structures
• Operational funds equivalent to society funds are allocated at the discretion of the Department of Student Affairs to Faculty Houses, for the functioning of the sub- houses
• Sub-houses are required to submit their programme of action to the SRC and the DSA, for approval and release of allocated funding

Section 39 Residence Sub-Council

(1)    Composition

• The Residence Sub-Council consists of the chairpersons and primariae of each of the University residences and recognised private accommodation chairpersons.
• Subject to Regulation 9 of Annexure A, at a joint meeting of the Residence Sub- Council and of the chairpersons of the Day Houses, the chairpersons and primarias must elect from amongst themselves, in accordance with the Election Procedure in Annexure A, two (2) Residence Sub-Council Representatives, preferably one primaria and one male chairperson, who serve as the Ex Officio members on the SRC for the body.
• A Residence Sub-Council Representative holds a dual position of Residence Sub- Council Representative and retains their seat as Chairperson/Primaria of the respective residence or Day House that they represent during their term of office.

(2)    Responsibilities

The Residence Sub-Council:

• Must at all times represent the interests of the residents of residences and, where applicable, members of Day Houses and recognised private accommodation.
• Exercises the powers necessary for the performance of its duties as stipulated in accordance with their respective residence constitutions.
• Is responsible for articulating the residence-related queries emanating from the student body.
• Meets at least once a month to discuss pertinent issues concerning the needs of residence students to be represented at the SRC meetings as well as receive feedback from the Ex Officio Residence Sub-Council Representatives on the SRC concerning addressed matters. These meetings must be minuted, and a record forwarded to the SRC Secretariat.

(3)    Constitutional mandate

The Residence Sub-Council has a constitutional mandate to actively promote the rights of students contained in Chapter 2, and specifically the right, under section 10(1), to an enabling environment in which student success and academic excellence are encouraged and pursued.

(4)    Constitutions, rules and regulations

• The Residence Sub-Council may, upon approval by the SRC, adopt or amend any constitutions, rules or regulations that organise its activities.
• The SRC may refuse to approve new constitutions, rules, regulations or amendments submitted by the Residence Sub-Council on the grounds of–
  • procedural unfairness; or
  • incompatibility with the Residence Sub-Council’s constitutional mandate or the constitutional framework of student leadership at the University.
• The Residence Sub-Council may appeal to the Constitutional Tribunal against a refusal by the SRC under subsection (2).

Section 40 Societies Sub-Council

(1)    Composition

• The Societies Sub-Council consists of the chairpersons of each of the societies registered with the SRC and recognised in terms of the constitution of the Societies Sub-Council.
• The SRC member for the Societies Elective Portfolio elected in accordance with the Election Procedure in Annexure A serves as the chairperson for the Societies Sub- Council.
• Societies recognised as part of the Sub-Council are classified under one of twelve (12) categories:
  • academic
  • arts and culture
  • community engagement 
  • entrepreneurial 
  • gaming 
  • international 
  • outreach
  • political 
  • religious 
  • social/leisure 
  • social justice 
  • sport

(2)    Responsibilities

• The Societies Sub-Council must at all times represent the interests of all recognised student societies and their members.
• The Societies Sub-Council has the powers necessary for the performance of its duties.

(3)    Constitutional mandate

The Societies Sub-Council has a constitutional mandate to actively promote the rights of students contained in Chapter 2, and specifically the right to equality of freedom religion, belief and opinion under section 6 and the right to freedom of association under section 11.

(4)    Constitutions, rules and regulations

• The Societies Sub-Council may, upon approval by the SRC, adopt or amend any constitutions, rules or regulations that organise its activities.
• The SRC may refuse to approve new constitutions, rules, regulations or amendments submitted by the Societies Sub-Council on the grounds of–
  • procedural unfairness; or
  • incompatibility with the Societies Sub-Council’s constitutional mandate or the constitutional framework of student leadership at the University.
• The Societies Sub-Council may appeal to the Constitutional Tribunal against a refusal by the SRC under subsection (2).

Section 41 Transformation Sub-Council

(1)    Composition

• The Transformation Sub-Council consists of transformation representatives or the transformation portfolio holders of each of the Faculty Houses, Day Houses and Residences.
• The SRC Transformation representative elected in accordance with the

Election Procedure in Annexure A, serves as chairperson of the Transformation Sub-Council during their term of office.

(2)    Responsibilities

• The Transformation Sub-Council serves as a committee that coordinates the transformation initiatives in the various student houses of the University.
• The members of the Transformation Sub-Council must at all times represent the interests of the constituencies that elected them, notwithstanding that the Sub-Council shares a common transformative goal, aligned with institutional priorities and defined by the SRC Transformation representative.
• The Transformation Sub-Council is responsible for articulating the transformation related issues emanating from the student body.
• The Transformation Sub-Council meets at least once a month to:
  • Discuss pertinent issues concerning the needs of students, especially students from previously disadvantaged and marginalised communities, including but not limited to first-generation students, female students and students from the LGTBQI+ community;
  • plan and execute at least one transformation campaign and/or initiative throughout all campuses and/or faculties, residences and day houses; and
  • actively promote access to the University and its structures, equity and dignity and to protect and enforce the rights of students entrenched in Chapter 2 of this Constitution.
• Meetings of the Transformation Sub-Council must be minuted and a record forwarded to the SRC Secretary.
• The SRC member for Transformation and Student Success must receive bi-annual reports of all members from the Transformation Sub-Council.

(3)    Constitution, rules and regulations 

The Transformation Sub-Council may, after consultation with the residence subcouncil and the academic affairs sub-council and the Constitutional Tribunal, upon approval by the SRC, adopt any constitution to govern its activities.

Section 42 Day House Sub-Council

(1)      Composition

• The Day House Sub-Council consists of the chairpersons of each of the

University’s recognised Day Houses.

• The SRC member for the Day Students and External Campus Affairs elected in accordance with the Election Procedure in Annexure A serves as the chairperson for the Day House Sub-Council.

(2)      Responsibilities

The Day House Sub-Council:

• Must at all times represent the interests of the members of Day Houses.
• Exercises the powers necessary for the performance of its duties as stipulated in accordance with their respective day house constitutions.
• Is responsible for articulating the Day House related queries emanating from the student body.
• Meets at least once a month to discuss pertinent issues concerning the needs of members of Day Houses to be represented at the SRC meetings as well as receive feedback from the SRC member for Day Students and External Campuses on the SRC concerning addressed matters. These meetings must be minuted and a record forwarded to the SRC Secretariat.

(3)      Constitutional mandate

• The Day House Sub-Council has a constitutional mandate to actively promote the rights of students contained in Chapter 2, and specifically the right, under section 10(1), to an enabling environment in which student success and academic excellence are encouraged and pursued.
• The Day House Sub-Council must ensure that concerns raised by the students are brought to the attention of the SRC and that concerns raised by the SRC are brought to the students’ attention.

Section 43 Committees

• The following Committees are duly constituted according to this Constitution and operate in accordance with the Committees’ respective constitutions:

(a) Student Culture; (b) Rag Committee; (c) Sport Committee.

• For the purposes of the SRC, subject to Regulation 9 of Annexure A to this Constitution, one member of each of the relevant executive committees must be elected as Ex Officio members of the SRC in order to account to the SRC for their respective committees as well as to represent the interests of their committees.

(3)    Accountability, General Provisions relating to Committees

• All committees mentioned in subsection 43(1) are accountable to the SRC.
• In relation to their financial and business management, committees function under the line management of the Director: Student Affairs.
• Committees are staffed by Student volunteers; provided that the University Council and/or the Executive of the University have the power to appoint and mandate persons to conduct the financial and operational management of a Committee on behalf of the University.
• A person appointed or mandated in terms of this subsection as operational manager is accountable to the relevant line manager as indicated in the terms of their appointment.

(4)    Responsibilities of Committees

• Committees must promote broad participation by Students in the activities of such Committees.
• Committees must act in accordance with their own constitutions and in accordance with this Constitution.
• Committees must co-operate closely with the SRC, as far as possible implement SRC decisions in relation to service delivery and must be responsive to the views expressed by the SRC.
• Ex Officio SRC Committee representatives must attend all SRC meetings.
• Committees must submit planned programmes of action to the Director:

Student Affairs at the beginning of their terms of office.

Section 44 Student Forum

(1)     A Student Forum is established in terms of this Constitution and consists of:

• All SRC Members
• Faculty House Chairs and Deputies
• Two Rag Committee Executive committee members elected by the Rag Committee.
• Two Student Culture Committee Executive Committee members elected by the Student Culture Committee.
• Two Sport Committee Executive Committee members elected by the Sport Committee.
• Six Residence Sub-Council Members elected by the Residence SubCouncil.
• 24 Societies Sub-Council Members, with two (2) members elected from each of the 12 categories as defined in Section 40(1)(c).
• The Day House Chairpersons
• The Student Body, represented by those Students who choose to attend Student Forum meetings.

(2)    Responsibilities

• The Student Forum must meet quarterly to receive reports from the President of the SRC, as per Section 23(2)(b)(iii) and (iv). These quarterly reports must be made available on clickUP and notice boards on all campuses two weeks before the next quarterly meeting.
• The SRC Deputy Secretary must notify the members of the Student Forum, including the Student Body, on clickUP, posters and notices on all campuses of the date, time and venue two weeks before the next meeting.
• The SRC Deputy Secretary must invite the PDBY editor and one Tuks FM Executive Committee member elected by the Tuks FM Committee to all Student Forum meetings.
• Questions to the SRC on the SRC Plans of Action or to particular portfolios must be submitted in writing to the SRC Deputy Secretary at least 48 hours in advance of the particular Student Forum meeting.
• Meetings must be chaired by the Chief Justice or another Judge of the Constitutional Tribunal: Provided that no person may simultaneously chair and keep a record of the proceedings: and Provided further that the chair must preside fairly and must be impartial and will have the necessary discretion and powers, subject to the Rules, to maintain order and manage meetings.
• Minutes of Student Forum meetings must be taken by the Registrar of the Constitutional Tribunal. Such minutes must be made available to the entire student body within two weeks of the meeting.
• The members of the Student Forum listed in section 44(1)(b) to (h) must attend at least two (2) of the four (4) quarterly meetings. Failure of these members to attend at least two (2) of the four (4) meetings is a violation of the Code of Conduct.
• Members of the SRC are required to attend all Student Forum meetings unless a valid excuse has been submitted to the chairperson of the Student Forum.
• After the President of the SRC introduces the quarterly report, the chairperson of the Forum conducts a question and answer session where the members of the Student Forum who provided their questions to the SRC Secretary in terms of section 44(2)(d) and 44(2)(e) ask their questions to the relevant persons to answer the questions. The chairperson rules on whether a particular question has been answered.
• Members of the Forum may identify and communicate any shortcomings in this Constitution to the Executive member responsible for Student Affairs or Director: Student Affairs.
• The Student Forum may make recommendations to amend the programme of action of the SRC, for consideration by the SRC.
• The Student Forum may lodge a complaint with the Director: Student Affairs in terms of section27.
• Quorum

The Student Forum will have a quorum and will be able to sit if: 

• At least 30 students, as contemplated in section 44(1)(i) above, are present; and 
  • At least 50% of the total incumbent SRC membership are present: Provided that of the said 50%, at least 2 SRC members present are SRC Executive Committee members; and
  • The quorum requirement set out in section 44(3)(a) and (b) above will apply for the duration of the meeting.
• The Student Forum will be governed exclusively by this Constitution and the Rules of Student Forum. The Rules of Student Forum must be adopted and amended by the Constitutional Tribunal after consultation with the SRC and with the approval of the Director: Student Affairs.

CHAPTER 6 – SERVICE PROVIDERS

45 Existing and new Service Providers

• The following service providers are recognised in terms of this Constitution:
  • PDBY; and
  • Student Disciplinary Advisory Panel
• Each of these service providers functions according to its own constitution.
• The Service Provider may, upon approval by the SRC, adopt or amend any constitutions, rules or regulations that organise its activities.
• The SRC may refuse to approve new constitutions, rules, regulations or amendments submitted by the Service Provider on the grounds of procedural unfairness or incompatibility with the Societies Sub-Council’s constitutional mandate or the constitutional framework of student leadership at the University.
• The Service Provider may appeal to the Constitutional Tribunal against a refusal by the SRC under subsection 45(4).
• Additional Service Providers may be established by the University at the request of the SRC in terms of the prescribed University procedure.

Section 46 Accountability, General Provisions relating to Service Providers

• In relation to their services to the Student Body, and in the case of PDBY subject to section 14 of this Constitution, Service Providers are accountable to the SRC.
• In relation to their financial and business management, Service Providers function under the line management of the Director: Student Affairs.
• Service Providers are staffed by Student volunteers; provided that the University Council and/or the Executive of the University have the power to appoint and mandate persons to conduct the financial and operational management of a Service Provider on behalf of the University.
• A person appointed or mandated in terms of section 46(3) as operational manager is accountable to the relevant line manager as indicated in the terms of their appointment.

Section 47 Responsibilities and duties of the Service Providers: General Provisions

• Duly recognising all communities constituting the Student Body of the University of Pretoria, Service Providers must provide efficient, professional services to the Student Body.
• Service Providers must promote broad participation by Students in the activities of such Service Providers.
• Service Providers must act in accordance with their own constitutions and in accordance with this Constitution.
• In the case of PDBY subject to section 14 of this Constitution, Service Providers must co-operate closely with the SRC, as far as possible implement SRC decisions in relation to service delivery and should be responsive to the views expressed by the SRC.
• Service Providers must submit planned programmes of action to the Director: Student Affairs at the beginning of their terms of office.
• PDBY must comply with the relevant media codes of conduct and must provide information and entertainment in a professional, impartial, balanced and relevant manner.

Section 48 Procedure for lodging a complaint against a Service Provider

• Students aggrieved by the services of a Service Provider, including the reporting and comments made by PDBY, may lodge a complaint in writing with the chairperson of the relevant Service Provider and may furnish a copy of the complaint to the Director: Student Affairs or Deputy Director: Student Affairs.
• On receiving the complaint, the chairperson of the relevant Service Provider must attempt to resolve the matter and must respond in writing, indicating to the complainant what steps, if any, have been taken to satisfy the complainant and furnishes a copy of the response to the Director: Student Affairs or Deputy Director: Student Affairs.
• If the complaint cannot be resolved to the satisfaction of the complainant the complaint may be referred to the Director: Student Affairs.
• In the case of PDBY a complaint may also be directed to the South African Press Ombudsman.
• The SRC must make information available to the Student Body on clickUP and on notice boards on all campuses on the procedure for lodging a complaint against a Service Provider.

CHAPTER 7 – MASS MEETINGS

49 Purpose of mass meetings

Mass meetings provide the opportunity for open discussion of matters of pressing concern to the student body and/or for the SRC to seek the views of the student body on any matter within the authority of the SRC.

Section 50 Procedure in respect of holding a mass meeting

• A mass meeting may be convened by the SRC on its own initiative or at the request of a student. 
• If a mass meeting is requested by a student, the procedure as set out below must be followed.
  • A mass meeting may be requested by a student, referred to as the requester, by way of a petition signed by a minimum of two hundred (200) students of the University, and stating clearly and concisely the grounds for the request, submitted to the SRC Secretary.
  • Upon receipt of a valid request under subsection 50(1) the SRC Secretary must as soon as reasonably possible advice the President of the SRC of the request and the SRC Secretary must convene a mass meeting within two (2) weeks of receiving the request.
  • An Emergency Mass Meeting may be called by the SRC in consultation with the Vice-Principal: Student Affairs and Residences if an urgent matter affecting students arises and must be line with the University policy on public gatherings.
  • If the petition mentioned in subsection 50(1) does not contain at least two hundred (200) signatures of Students at the University or does not clearly state the grounds for the request of a mass meeting, then the SRC Secretary must give such petition back to the requester to rectify any defects in the petition.
  • The SRC Secretary must place a notice of a mass meeting stipulating its date, time, place and agenda on the official notice boards at least seven (7) calendar days prior to the meeting.

Section 51 Procedural arrangements for mass meetings

• The President of the SRC or another member of the SRC appointed by the President must act as chairperson of a mass meeting.
• Mass meetings must be attended by all the members of the executive committee of the SRC and at least five (5) other members of the SRC. Failure of the aforementioned SRC members to attend a Mass Meeting is a violation of the Code of Conduct.
• Only students of the University may attend and participate in mass meetings, provided that they present their student cards to the SRC Secretary or a member of the SRC acting on their behalf, when requested to do so.
• A person who is not able to produce a valid student card upon request, may be requested by the SRC Secretary to leave the meeting.
• The SRC Secretary must take minutes of the meeting and must make such minutes available within five (5) calendar days of the mass meeting either by keeping a hard copy of such minutes in their office to be copied upon request by a student or posting the minutes on the SRC web-page.
• A student present at the mass meeting can mandate any SRC member to add/remove items from their Plans of Action if the said mandate is accompanied by 4 000 signatures with valid student numbers. If the SRC disagrees with the proposed amendments to the Plan of Action, they may appeal to the Director: Student Affairs within a reasonable time period. Once approved by either the SRC or the Director: Student Affairs, amendments can be finalized.

CHAPTER 8 – CONSTITUTIONAL AMENDMENTS

52 Normal Amendment Process

• This Constitution may be amended: –
  • with a supporting vote of at least two-thirds of the total SRC membership; and
  • reached at a meeting of the SRC duly constituted for such purpose, with due notice being given; and
  • the SRC having a quorum; and 
  • in consultation with the Constitutional Tribunal. 
• Any such amendments will only be effective subject to the final approval by Council.

Section 53 Review of the Constitution and extra-ordinary measures

• At least every five (5) years, after the adoption of this Constitution in 2013, a referendum must be held on whether the Constitution should be reviewed. A valid referendum will be constituted if at least the University’s students voting in the referendum is equivalent to the number of voters of the immediate past SRC poll preceding the referendum.
• The referendum contemplated in subsection 53(1) may only be held should extraordinary circumstances arise. Such circumstances include, but are not limited to:
  • conditions that result in a substantive change in the University’s mode of operation;
  • an amendment to the Bill of Rights as contained in the Republic’s Constitution; or
  • instances where the University or the University’s institutions’ credibility or ability to perform functions are under imminent threat.
• If, by a simple majority in a valid referendum, it is found that the Constitution should be reviewed, the Executive member responsible for Student Affairs must establish, by mandate of Council, a Steering Committee to oversee and initiate the review and redrafting process of the Constitution for Student Governance.
• The Steering Committee must consist of at least the following members:
  • A facilitator appointed or designated by the Director: Student Affairs;
  • Director of Student Affairs;
  • Deputy Director of Student Affairs;
  • A representative of the office of the Vice Principal: Student Affairs;
  • The SRC secretariat;
  • The Chief Electoral Officer of the IEC of the most recent election
  • Two (2) representatives of the SRC (one from the Elective portfolio and another from Ex-officio portfolios);
  • Two (2) representatives of the Constitutional Tribunal; and
  • Five (5) representatives of the Student Forum.
• The Steering committee must meet within two weeks of its establishment to initiate a transparent, consultative review process.

ANNEXURE A: SRC ELECTION PROCEDURE

1.     Definitions

• All definitions below are to be applied throughout, unless otherwise defined.
• Second Academic Semester means the period starting from the start of lectures after the June/July university holidays until the commencement of the December/January holidays.
• Acceptance of Nomination Form means the form prescribed by the IEC to be completed by a candidate wishing to be elected for any of the Elective Portfolios.
• Campaign Meetings means official gatherings preceding any SRC Election, focused on providing candidates with a campaigning platform.
• Campuses mean the Hatfield campus, Mamelodi Campus, Groenkloof Campus, Hillcrest Campus, Onderstepoort Campus and Prinshof Campus of the University of Pretoria.
• Chief Electoral Officer means the Chief Electoral officer responsible for the SRC Elections as contemplated in regulation 3 of this Annexure.
• Days means calendar days, excluding Saturdays, Sundays and Public Holidays.
• Election Procedure means this Election Procedure.
• Election Manifesto means the statement of policy and intent by a candidate standing for an elective portfolio in the SRC.
• Independent Monitoring Body is a body responsible to oversee and adjudicate on the compliance to election rules, and pronounce the outcome as free and fair
• Independent Electoral Committee (IEC) is a body that organises the election process and discharges the duties set out in regulation 3 of this Annexure, which carries no vested interest in the election, and acts impartially.
• Nominator means a Student nominating a candidate to stand for a specific elective portfolio.
• Nomination Form means the form prescribed by the IEC to be completed by the Nominator nominating a candidate for election for an Elective

Portfolio.

• Nomination Resolution means the form prescribed by the IEC to be completed and signed by the relevant Student Sub-Council or Committee (and all constituents of the Student Sub-Council or Committee, where applicable) authorizing and nominating their Chairperson as the candidate to hold an Ex Officio Portfolio on behalf of the relevant Student Sub-Council or Committee.
• Second and Seconded means the supporting of the nomination of a candidate to stand for a specific elective portfolio by Students with the name, student number and signature of each supporting Student
• Secondment Form is the form prescribed by the IEC to be used for the collection of information and signatures of all Students that second a candidate for election for an Elective Portfolio.
• Week means a period of five (5) consecutive days from a Monday to a Friday.

2.             Election

• SRC candidates for the Elective Portfolios must run as individuals and be elected by the Students in accordance with the Election Procedure. Candidates can disclose their society affiliations, and be supported in their campaign by societies to which they are affiliated, subject to the campaign rules
• Students as defined in section 1 of the Constitution are entitled to nominate and vote for candidates for Elective Portfolios in the manner set forth under this annexure.
• Elections for the SRC are held annually during the second semester in a Week determined by the Director: Student Affairs provided that the elections take place during a Week before the close of lectures.
• The Director: Student Affairs or Deputy Director: Student Affairs must announce the dates of the annual elections to the incumbent SRC within one (1) month of the commencement of the second academic semester and the SRC must announce such dates on the SRC website and on notice boards across all campuses.

3.      Election Structures

(1)    Independent Electoral Committee and Chief Electoral Officer

• An Independent Electoral Committee [IEC] for each election must be constituted before the announcement of the annual elections for the SRC.
• The IEC is a body that organises the election process and discharges the duties set out in this chapter.
• The IEC has up to eleven (11) members, consisting of the Chief Electoral Officer and up to ten (10) electoral officers appointed in terms of this section. These members may not have a vested interest in the outcome of the SRC elections.
• The Chief Electoral Officer is a member of staff at, or service provider to the University, with suitable experience and qualifications appointed by Council, in consultation with the Director of Student Affairs, to act as the Chief Electoral Officer.
• The Director: Student Affairs must announce the Chief Electoral Officer to the incumbent SRC within a month of commencement of the second semester and the SRC must announce the name of the Chief Electoral Officer as well as the place at which nominations in terms of regulation 5

must be submitted on clickUP and the SRC website.

• The other ten (10) electoral officers are appointed by the Director: Student Affairs in consultation with the Chief Electoral Officer. Electoral Officers must comply with the eligibility requirements of section 24 of the Constitution but may not stand as a candidate in the election or in any way be involved in campaigning in the election. Electoral Officers receive no remuneration for their duties.
• The Chief Electoral Officer may, in consultation with the Director: Student Affairs, appoint Students who are eligible to vote in the elections to provide administrative support to the IEC. Such Students may not be candidates in the elections or campaign in the elections and must at all times act impartially.
• The Chief Electoral Officer must report regularly to the Director: Student Affairs at intervals as agreed to between the Chief Electoral Officer and the Director: Student Affairs.
• The Chief Electoral Officer has the final responsibility to ensure that the IEC is performing its functions and duties. The Chief Electoral Officer also has the responsibility of announcing the results of the SRC Elections, after confirmation from the Independent Monitoring Body that all queries have been resolved, and that the elections were deemed free and far.
• The IEC enforces the election rules, and ensures candidates comply with the campaign and election rules. Where the candidates do not comply with the rules, members of the IEC can take corrective action, and submit a record of the action taken to the Independent Monitoring Body.

(2)    Independent Monitoring Body

• An Independent Monitoring Body is constituted before the announcement of the annual elections for the SRC, consisting of
  • three (3) members of the outgoing Student Representative Council, designated by the Student Representative Council, who are not candidates in the elections;
  • not more than three (3) persons designated by the Office of the Director: Student Affairs;
  • not more than three (3) persons designated by the Office of the VicePrincipal responsible for Student Affairs; and
  • two (2) Constitutional Tribunal judges, who do not serve on the Electoral Committee and who will not be adjudicating a matter flowing from the election.
• The Independent Monitoring Body is chaired by the Director: Student Affairs or their representative on condition that the same person cannot be the Chairperson of the Independent Monitoring Body and the person who approves the election material as stipulated in this chapter.
• The Independent Monitoring Body must ensure that elections are free and fair through the monitoring of all the phases of an election, including: –
  • nominations and nomination procedures;
  • campaigning procedures and activities;
  • voting and voting procedures;
  • the design, printing, distribution and collection of ballot papers; (v)   the counting of votes and the announcement of results.
• The Independent Monitoring Body must meet at regularly during the election period.
• Complaints or objections relating to the elections must be lodged in writing with the Independent Monitoring Body during the entire election period, provided that such complaints are lodged in writing and are submitted not later than 22:00 of the day of the election.
• The Independent Monitoring Body investigates the complaint or objection relating to all phases of the election, and may direct candidates and the IEC to take corrective action, or penalise the transgressing candidate. The penalty code is to be communicated at the start of the election period by the Chief Electoral Officer.
• If, on investigation by the Independent Monitoring Body it appears that the grounds for the complaint or objection constitute a transgression of the election rules, which are regarded as institutional rules, the Independent Monitoring Body must refer the complaint or objection to the Disciplinary Committee (Students). If the Independent Monitoring Body is unable to reach consensus on the referral of a complaint or objection to the Disciplinary Committee (Students), any member of the Independent

Monitoring Body may refer the matter to the Disciplinary Committee (Students) for adjudication.

• The Independent Monitoring Body must oversee the process of paragraph 12 and must ensure that the SRC, after the election of the ex-officio portfolios, is representative of the student body and submit a report to the University Management.
• Before declaring an election free and fair, the Chairperson of the Independent Monitoring Body must ensure that all complaints and objections have been attended to. The Independent Monitoring Body has the authority to declare the entire elections free and fair. It also has the power to declare the election process in part of the poll as null and void, after which the election process in the affected part must start anew as soon as possible.
• No appeal lies against any decision of the Independent Monitoring Body.

4.      Nominations

• The period for submitting nominations for the new SRC will start at the date determined by the Director: Student Affairs provided that such date of commencement must be announced by the Director: Student Affairs to the incumbent SRC within a month of commencement of the second academic semester. The SRC must the7n announce such date to the student body by placing a notice on the website of the SRC. The SRC must make these announcements within three (3) days of being notified thereof by the Director: Student Affairs.
• All nominations will close on the date determined by the Director: Student Affairs. Such date must also be announced to the current SRC and such must forthwith announce the relevant date on the SRC website.
• Any candidate meeting the Eligibility Requirements as set out in section 24 stands as an individual and may be nominated for any of the elective portfolios.
• To stand for any of the elective portfolios the candidate must have been nominated by a Nominator and Seconded by Students on the following basis:
  • For the position of President of the SRC: A Nominator nominating the candidate for the position of President together with the secondment of 200 (two hundred) Students (signatures and student numbers).
  • There is no separate ballot for the positions of Deputy President or SRC Deputy Secretary, and hence there is no nomination for these two positions. Instead, the runner up (second highest votes) on the President ballot will be elected Deputy President, and the runner up (second highest votes) on the SRC Secretary ballot will be elected SRC Deputy Secretary.
  • For the other Elective Portfolios: A Nominator nominating the candidate for the specific Elective Portfolio together with the secondment of 100 (one hundred) Students (signatures and student numbers).
• A candidate can make themselves available for no more than two (2) portfolios. If a candidate chooses to make themselves available for two (2) portfolios, both of these portfolios would be stated on the nomination form, and the signatures would be applicable to both positions. If one of the two portfolios includes the President position, then secondment of 200 signatures applies

5.     Nominations for Elective Portfolios

• To be nominated for any of the elective portfolios, the following information must be submitted by or on behalf of a candidate to the Chief Electoral Officer:
  • A Nomination Form in the prescribed form (Annexure B), signed by the Nominator indicating the elective portfolio(s) for which the candidate is nominated.
  • An Acceptance of Nomination Form in the prescribed form (Annexure B), signed by the candidate and indicating the willingness of the candidate to stand for the Portfolio(s) including an undertaking by the candidate to be bound by all the provisions of the Constitution for Student Governance, including this annexure.
  • A copy of the page of the candidate’s ID book on which the candidate’s photo, name and ID number appear, or a copy of the relevant page(s) of the candidate’s passport in case of an international student. (d) A complete Academic Transcript of the candidate.
  • The Election Manifesto of the candidate.
  • An A5 colour photograph (head and shoulders) of the candidate as first choice but a black and white photograph will not be rejected.
  • A Secondment Form (Annexure C) prescribed by the IEC to be used for the collection of information and signatures and student numbers of all students that Second a candidate for election for an Elective Portfolio(s).
• The Chief Electoral Officer must provide all the required information on behalf of each candidate to the IEC by the end of the nomination period.
• The Chief Electoral Officer and the IEC must keep confidential the submission of nominations by candidates until the formal announcement thereof by the IEC in accordance with this Election Procedure.

6.     Review and Correction of Nominations

• The IEC must reject incomplete candidate nomination submissions.
• The Chief Electoral Officer together with the IEC must consider all nomination submissions received to determine whether the candidate meets the submission requirements for their specific portfolio. Where the IEC determines an inconsistency or suspects the reliability of information provided, the IEC must take reasonable steps to confirm the validity of the information as soon as is reasonably possible and the IEC must inform the relevant candidate as soon as possible of the incomplete nature of their application. Where the IEC cannot reach a decision as to the acceptability of a nomination submission, it must refer the submission to the Constitutional Tribunal for a final and binding decision regarding acceptability.
• Where the IEC, having received a nomination on the closing date for nominations, determines that the nomination submitted by a candidate does not meet all of the nomination requirements for the specific portfolio for which the candidate is nominated or either the nomination for or the acceptance of the nomination form or both forms are not in the prescribed form:
  • the IEC must immediately inform the candidate of the shortcoming and request the candidate to correct their submission within 24 (twenty-four) hours after receipt of notification from the IEC.
  • Up until the expiry of the 24 (twenty-four) hour period after receipt of notification, the IEC must accept the corrected nomination submitted by the candidate despite being submitted after the closing time for nominations, and must be deemed to have been validly submitted.
• Subject to the provisions of 6(3) above, after the closing of nominations for the SRC Elective Portfolios, no candidate may withdraw or amend their nomination for a particular portfolio.

7.      Insufficient Nominations

Where, upon the closing time for nominations, the IEC determines that:

• no nominations have been received for particular SRC elective portfolio(s), but nominations have been received for at least seven (7) of the twelve (12) SRC elective portfolios available for election, the IEC must extend the nomination period for such period of time as it deems appropriate to encourage further nominations for the outstanding portfolio(s), but which period may not exceed 72 (seventy-two) hours. After the expiry of such extended nomination period, the IEC will continue with the SRC Election irrespective of whether there are Portfolios for which no nominations have been received. Any SRC vacancies within the SRC after the election must be allocated by the newly elected SRC in accordance with section 21(4) of the Constitution.
• nominations for less than seven (7) of the twelve (12) SRC elective portfolios available for election have been received, the IEC may, in consultation with the Director: Student Affairs, extend the nomination period in accordance with paragraph 7(1), or suspend the SRC Elections to allow the IEC to promote Student candidacy and engage with Student Structures to ensure that nominations are submitted. The IEC and the Director: Student Affairs must within a reasonable time agree on an appropriate new week for the elections and such week must forthwith be announced by the Director: Student Affairs on clickUP and notice boards across all campuses.

8.      Announcement of Nominations

• After the closing of nominations and where the IEC continues with the SRC Elections, the Chief Electoral Officer must announce the list of candidate submissions for each SRC portfolio after attaining any outstanding eligibility requirements as mentioned in section 24(1).
• At the start of the campaigning period, the Chief Electoral Officer must hand the list of candidate submissions together with their Election Manifestos (where applicable) to the PDBY for publication in an election issue of the PDBY, together with details of the Election period and relevant aspects of the Election Procedure applicable to voting by Students.
• Additionally, the IEC must ensure that at least two weeks prior to the elections the details of the Election period and necessary aspects of the voting procedure are posted on notice boards across all Campuses and posted on the SRC website.
• All nominated candidates of Elective portfolios must attend a compulsory preparatory workshop presented by the Department of Student Affairs to prepare candidates for the process of campaigning.

9.      Campaigning

• The Independent Electoral Committee must, after the nomination and registration period has closed but before the commencement of the campaigning period, call a compulsory meeting with all stakeholders participating in the election to discuss the detailed explanation of the election rules and procedures. If a candidate for an Elective portfolio chooses not to campaign for election, they will not be obliged to do so.
• No campaigning may take place from the start of the nomination period until the date and time for the start of the campaign period, as announced by the Chief Electoral Officer and/or the Director: Student Affairs.
• From the start of the nominations period, no society activity that can be linked to promoting any candidate will be permitted on Campus. The approval of society events during the election period will be at the discretion of the Director: Student Affairs, in consultation with the Chief Electoral Officer.
• Through campaigning, candidates must have an opportunity to address the Student Body, present their Election Manifestos and canvas Student votes for the upcoming SRC Election through multiple prearranged forums on University premises, subject to reasonable conditions, adherence to a stipulated programme, and good decorum. The election circus programme will be drawn up and publicised by the Chief Electoral Officer.
• All candidates for elective portfolios must attend and participate in official Campaign Meetings according to the rotation schedule established by the IEC.
• During Campaign Meetings candidates must be afforded the opportunity to present their Election Manifestos and engage in debates. Students must also have the opportunity of posing questions to candidates and engaging with candidates in respect of their Election Manifestos.
• The IEC must appoint a suitably qualified chairperson, based on that person’s experience and qualifications, for each Campaign Meeting to ensure that Campaign Meetings proceed in an orderly and fair manner allowing all candidates an equal opportunity to make representations, debate issues and answer questions from the Student Body and other candidates.
• In addition to the Campaign Meetings the Department of Student Affairs must award each candidate standard form posters on which such candidate can include a photograph (shoulder to head) of the candidate as well as the candidate’s election manifesto and any appropriate logo or slogan which is not derogatory, offensive, insulting and which does not amount to hate speech. The quantities of posters per candidate will be equitable, and determined by the Department of Student Affairs based on the number of candidates running for a particular election. If, in the opinion of the IEC, any poster does not comply with

this section the IEC may refer the matter to the Disciplinary Committee (Students) if it deems it necessary.

• According to the University Poster Regulation, posters may only be placed on official notice boards and lamp posts on the inside of the campus. Only posters issued by the IEC may be used. Posters may not be larger than A3 in size. Candidates may disclose their affiliation to an organisation on a poster if the said organisation is a registered University of Pretoria society or student governance structure. No posters may be placed alongside the Ring Road, on any traffic signs or fencing or at any campus perimeter. Further, a candidate may only place one poster up per pole/ lamppost and/or notice board. This measure is to ensure that each candidate will be given opportunity to display their posters.
• No election material may be distributed at the entrances to the various campuses.
• No-one shall be allowed to distribute flyers, pamphlets, posters, booklets, cards, and the like, or any other merchandise, on behalf of a candidate. Distribution of inducements and freebies is expressly prohibited for purposes of soliciting votes.
• T-shirts or other items of clothing worn by candidates are permissible. Flags and/or banners are expressly prohibited.
• The IEC may adopt such additional campaigning rules as it deems necessary and appropriate to ensure a free, equal and democratic campaigning process. Any additional campaigning rules must be made available on clickUP, notices and posters on all campuses on announcement of the election period, and must be in accordance with the Constitution of the Republic of South Africa, the Constitution for Student Governance and this Annexure.
• Students who have reason to believe that this rule is not being complied with, may lodge a complaint with the IEC. The IEC, after investigation, may refer the matter to the Independent Monitoring Body if in its considered view reasonable evidence exists that this paragraph has been contravened.
• If justified, the Department of Student Affairs may at its discretion make an allowance available per candidate for incidental election expenses by way of vouchers for campaigning. At the launch of the elections, DSA will make available a list of available campaign products and services that candidates may use, for which vouchers can be issued through the TuksToonbank.
• IEC will set up a panel to pre-approve campaigning material. An electronic/ hardcopy sample of this campaigning material must be submitted to the Independent Electoral Committee and Director: Student Affairs at least 48 hours before distribution. Any material that has not been pre-approved and does not comply with agreed and published guidelines and specifications will be removed, and may lead to punitive action against the candidate, including cancellation of their candidature.

10. Election Procedures

• The Director: Student Affairs, will determine the voting platform (manual, electronic, or mixed) based on options available to the University, in which students will be enabled to vote for candidates of the elective portfolios.
• Voting for candidates for elective portfolios must take place confidentially and be verifiable to settle any disputes. Security measures must be put in place to prevent voter fraud.
• The Director: Student Affairs will determine the voting period, with the minimum period being not less than one working day, depending on the platform used to conduct the vote.
• Each student will be allowed to vote for one candidate per elective ballot and may vote for a candidate in any or all of the ballots for the elective portfolios.
• Should there at any stage during the week of elections be any complications with the administration of the voting process, which makes it objectively impossible for some or all students to vote then such an occurrence must be announced by the Chief Electoral Officer and the chief electoral officer may extend the voting period by another two (2) days after the problem has been rectified.
• A ballot will name the portfolio, the show the names of the candidates contesting the portfolio, and a brief descriptor not exceeding 160 characters for each candidate, including an indication of their affiliations (provided that the affiliated society is a registered society of the University of Pretoria), information or experience, if they so choose.

11. Polling stations and polling officials

• The Independent Electoral Committee determines the location and number of polling stations for elections on all Campuses in such a manner that all Students are given a reasonable opportunity to vote.
• The location of polling stations must be finalized and communicated at least one

(1) week before voting starts.

• Polling stations are staffed by polling officials appointed by the Office of the Director: Student Affairs. Each polling station shall be manned by two (2) such appointed persons who shall be remunerated for their services, as well as one member of the Independent Monitoring Body who shall render monitoring services free of charge.

12. Nominations for Ex Officio Portfolios

• If the situation arises that the elective portfolios are not representative of the student body, the Chief Electoral Officer must convene and chair successive meetings with the Sub-councils and Committees being mindful of section 33(2) of the Constitution, these meetings must aim to resolve to elect such representative to the SRC to address the racial or gender imbalance(s) of the elective portfolios.
• Sub-Councils and Committees must strive to nominate and elect a demographically diverse mix of undergraduate and postgraduate Students as well as Students with disabilities to the Ex Officio Portfolios on the SRC. 

13. Announcement of Results

• After the conclusion of the election and verification of the results by the IEC, the Chief Electoral Officer must announce the results by printing a copy of the results and making such available to the student body for viewing.
• The Chief Electoral Officer allocates the relevant Elective Portfolio for the next SRC term to the candidate for each Elective portfolio receiving the highest number of valid votes for that Elective Portfolio, except for the portfolios of Deputy-President and SRC Deputy-Secretary.
• The Chief Electoral Offices also allocates the Elective portfolio of Deputy President to the candidate receiving the second highest number of valid votes from the ballot of President, and the Elective portfolio of SRC Deputy Secretary to the candidate receiving the second highest number of valid votes from the ballot of SRC Secretary.
• Where a situation arises where a particular candidate meets the requirements to be allocated more than one Elective or Ex officio portfolio, the candidate elects which one of the available portfolios they will be allocated. The next available runner-up candidate for the other portfolio is then allocated the other portfolio.

14. Equality of Votes

• If 2 (two) or more candidates for a portfolio receive an equal number of valid votes, the Chief Electoral Officer must, within 7 (seven) days of the announcement of results hold a by-election in respect of only those portfolios and the specific candidates where the votes have been tied. The provisions of this Election Procedure apply mutatis mutandis (with appropriate amendments) to the holding of such by-elections by the IEC.
• The Chief Electoral Officer may not announce the results of the SRC Elections until the by-election has been finalised and the results determined.

15. Commencement of SRC Term

• Following the conclusion of SRC Elections, which includes the finalisation of any process of revision of the election results, the Chief Electoral Officer must within 10 (ten) days of such finalisation, confirm the appointment of the SRC Members for the Elective Portfolios and the Ex Officio Portfolios.
• The SRC Term of outgoing SRC members terminates on 31 December of each year and the term of the newly elected SRC commences on 1 January of each year.
• A member of the Constitutional Tribunal must swear in the newly elected SRC members before commencement of their term.
• Each newly elected SRC member shall be addressed as SRC-elect until the official commencement of their term of office and they should be sworn in before their term of office starts.
• The Director: Student Affairs must ensure that the SRC elect shall receive an adequate handover period from the outgoing SRC members.
• Once elected into office, the SRC elect must participate in mandatory training sessions by the Department of Student Affairs in consultation with the SRC elect.

16. Unbecoming Conduct

Where on objective grounds it appears to the IEC that any candidate for SRC Elections committed a serious breach of this Election Procedure or is guilty of conduct unbecoming of a candidate standing for a position of authority, the IEC may refer the matter to the Disciplinary Committee (Students) if it deems necessary.

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SIGNATUREOFCANDIDATE	DATE

ANNEXURE B

University of Pretoria Nomination form: SRC Elective Portfolio		Attach full colour photo
Portfolio Standing For
Second Portfolio (optional)
Full name
Student number
Faculty
Degree programme and study year
Address Telephone number E-mail address (please write clearly)
Leadership roles at UP
Cultural/ Sport/ Societies involvement at UP
Involvement in your faculty/ department
Community involvement outside UP
Other remarks or post school achievements
Brief policy statement
Full names of the nominator (including self-nomination)
Student number of nominator
Signature of nominator

Nominations may be made from [date] and the closing date for registration is at [date]. Election Day is on [date].

Nomination forms must be delivered to the reception desk at Roosmaryn, whereupon a confirmation of nomination must be signed by the candidate concerned. The rules for the election and campaigning are included in the attached information brochure and the Constitution for Student Governance. An academic record for the first six months must be attached to this form and candidates have to agree that their records may be checked by University authorities on a confidential basis in order to determine whether they meet the minimum requirements for membership of the SRC.

I accept the nomination as set above. I hereby also confirm that I have read the above provisions and the Rules and Information Booklet pertaining to the election for the SRC and agree to abide by the rules.

Annexure C

University of Pretoria

Secondment of Nomination form for taking part in the SRC Elections for [year]

To be eligible to be elected to the SRC for the ___________ academic year you must have support of at least 200 registered students ifyou are running for President, or 100 students if you are running for other portfolios.

Your Name
Student Number
Faculty & Year of Study
First Choice of Portfolio
Second choice of Portfolio (optional)

	Name and Surname	Student no.	Signature		Name and Surname	Student no.	Signature
1				2
3				4
5				6
7				8
9				10
11				12
13				14
15				16
17				18
19				20
21				22
23				24
25				26
27				28
29				30
31				32
33				34

Name and Surname		Student no.	Signature	Name and Surname		Student no.	Signature
35				36
37				38
39				40
41				42
43				44
45				46
47				48
49				50
51				52
53				54
55				56
57				58
59				60
61				62
63				64
65				66
67				68
69				70
71				72
73				74
75				76
77				78
79				80
81				82
83				84
85				86
87				88
89				90

Name and Surname		Student no.	Signature	Name and Surname		Student no.	Signature
91				92
93				94
95				96
97				98
99				100
101				102
103				104
105				106
107				108
109				110
111				112
113				114
115				116
117				118
119				120
121				122
123				124
125				126
127				128
129				130
131				132
133				134
135				136
137				138
139				140
141				142
143				144

Name and Surname		Student no.	Signature	Name and Surname		Student no.	Signature
145				146
147				148
149				150
151				152
153				154
155				156
157				158
159				160
161				162
163				164
165				166
167				168
169				170
171				172
173				174
175				176
177				178
179				180
181				182
183				184
185				186
187				188
189				190
191				192
193				194
195				196
197				198
199				200

I accept the nomination as seconded by the signatories above. I hereby also confirm that I have read the above provisions and the Rules and Information Booklet pertaining to the election of SRC members and agree to abide by the rules.

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SIGNATUREOFCANDIDATE	DATE
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WITNESS	DATE