CONSTITUTION OF THE ZIMBABWE MUSLIM

STUDENTS ASSOCIATION TRUST

(Z.M.S.A)
 PREAMBLE

We, the Muslim Students in the Republic of Zimbabwe have agreed to and have adopted this
document as the Constitution of the Zimbabwe Muslim Students Association Trust hereinafter
called ZMSA. The ZMSA is an Islamic faith based and educational organization that aims to
empower the Muslim community while pleasing Allah Almighty. All its laws, activities and
means shall not contradict with the teachings of Quran and the Sunnah of Prophet Muhammad
(Peace be upon him) in accordance with the understanding of the people of the Sunnah.
Further, ZMSA shall always abide by the applicable laws in the Republic of Zimbabwe and
International laws.

And WHEREAS it is the will of Muslim students and former Muslim students that:
a. The ZMSA shall exercise its powers and authority through representatives chosen by the
its members;
b. The Islamic principles and values of peace, equity, freedom, moderation, love and
tolerance shall be fully observed by the Association;
c. The legitimate interests, authority, integrity and independence of Muslim Students in
different learning institutions shall be adequately advocated for and safeguarded by the
Association;

And by virtue of this Constitution, it is established in Zimbabwe, a Muslim Students Association

for the purposes of achieving the desired targets and furtherance of the herein set out objectives.

VISION

ZMSA will be a nationally and internationally recognized par excellence establishment in

community transformation by ensuring that all Muslim students are supported religiously,
academically, morally and financially to receive rigorous and balanced education that will enable
them to compete in and contribute to the local and global society.

MISSION STATEMENT

The Mission of ZMSA is to Identify, Inspire, Nature, Transform and Fulfil the religious,
educational and social needs of Muslim students to become competent and self-reliant positive
contributors to community development.

MOTTO

The Association’s motto shall be ‘Empowering Communities Through Education’.

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 Article 1
Name

The name and designation of the Association shall be Zimbabwe Muslim Students Association Trust
(hereinafter referred to as ZMSA or the Association or the Trust).

Article 2
Interpretation

1. In the interpretation of all issues and resolution of any disputes within the Association, the
provisions of this Constitution shall be regarded as the guiding tool supreme arbiter.
2. The provisions of this Constitution shall be supreme and shall apply to all members and maters
of the Association.

Article 3
Address

The address of the Association shall from time to time be that of the offices the Association shall be
operating from and any meeting to conduct the official business of the Association shall be carried
out at the aforesaid offices or any other place as designated by the National Executive Committee
depending on the agenda of the meeting and the business to be conducted.

Article 4
Nature of the Association

The Association shall be a faith based and educational, non-political and non-profit making charitable
body which shall operate in accordance with the Quran and traditions of Prophet Muhammad (Peace
be upon him) and shall be governed by this Constitution.

Article 5
Legal Status

The Association shall be a body corporate with perpetual succession, capable of suing and being sued
in a court of law and acquiring property and rights and incurring obligations in its own corporate
name, distinct from its members. The Association shall, in relation to its property and affairs for the
purposes of carrying out its objects or performing any acts incidental thereto, have all the rights,
powers and privileges which it would have possessed had it been a private individual of full legal
capacity, except as limited by law, and, for the purposes of greater clarity the Association shall be a
universitas personarum.

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 Article 6
Registration

The Founders and Trustees shall register the Association and its funds with such authority or
authorities or in such place or places as the Founders and Trustees may deem expedient from time to
time and as may be required by law from time to time.

Article 7
Patron

The Founders and Trustees may appoint any Muslim citizen of Zimbabwe and/or any such other
nation as the Founders and Trustees may designate/appoint as Patron of the Association.

Article 8
Area of Operation

1. The activities of the Association shall be confined to within and outside the Republic of
Zimbabwe and the funds of the Association shall be applied within and out of this area.
2. The Association shall furthermore accept contributions from well-wishers subject to approval
of the same by the National Executive Committee.
3. Funds available for investment shall only be invested in accordance with National Executive
Committee resolution.

Article 9
Aims and Objectives

Subject to availability of resources, the Association shall be based mainly on the following aims and
objectives:
1. To be the mother body of all Muslim Students Organisations in Zimbabwe.
2. To advocate for and protect the rights of Muslim students and Muslim Students Societies in
Zimbabwe.
3. To affiliate to or corporate with other organisations for the promotion and realisation of the
Association’s objectives and goals.
4. To hold and participate in seminars, conferences and discussions on matters affecting Muslim
students.
5. To solicit and grant bursaries and scholarships to deserving Muslim students to obtain or
further their studies.
6. To facilitate the development of the Muslim students’ capacity and self-reliance within a
caring and enabling socio-economic and religious environment by rendering services, in a

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 holistic approach to Muslim students in a manner ensuring the right of all Muslims to
development, security and enhancement of the quality of their lives.
7. Establishment of Muslim Students Centres in order to ensure maximum quality of life and
development through interaction and socialization.
8. Assist in the establishment of Muslim Students Societies in all academic institutions in order
to enhance effective spiritual, academic and life skills for Muslim students.
9. Running groups in which the Muslim students will be encouraged to develop self-reliance by
being provided with opportunity to build their own capacity and support networks to act on
their own choices and sense of responsibility. These groups shall be instructed in scriptural
principles from the Holy Qur’an and Prophetic traditions.
10. Creating employment opportunities for Muslims students, including in-service training, so
enabling them to make a positive contribution to society and to develop self-esteem.
11. Providing for the psychological upliftment and material needs of Muslim students.
12. Facilitating literacy, numeracy, further studies as well as skills building in the community.
13. Participating in policies implemented by the government (their effects or impact on Muslim
students, the economy and the environment). The Association shall provide analysis and
expertise, which serve as early warning mechanisms and help monitor and implement
International Agreements.
14. Conducting religious, social, cultural, and other activities in the best traditions of Islam.
15. Providing Islamic education to Muslim students through Lectures, Halqas … etc.
16. Endeavoring to make Islamic teachings known to non-Muslims.
17. Ensuring that the Association’s activities are conducted in an ethical manner that takes into
account social, economic and environmental responsibilities.
18. To cooperate and liaise with the Government of Zimbabwe and other relevant stakeholders in
all matters in the furtherance of any of the foregoing aims and objectives.
19. To plan, operate and support such projects and programs which serve the interests of Muslim
students by improving their wellbeing.
20. To do all such other lawful and Islamically acceptable things as are incidental to or connected
with the attainment of any of the preceding aims and objectives.

Article 10
Administration

1. The Association shall function through a National Executive Committee (NEC), consisting of
not less than Seven (7) and not more than Thirteen (13) members.
2. Decisions beyond the normal day-to-day running of the Association shall require a written
resolution signed by the President or any member acting on his/her behalf.
3. Where necessary, the NEC shall have the authority to employ competent persons who shall
be tasked to assist with the day to day running of the Association.

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4. Members of the NEC shall be elected at an elective Quadrennial General Meeting or other
meeting called for the purpose and shall hold office for four years and shall be eligible for re-
election only once for a similar four year term.
5. NEC members shall without more hold office for Two (2) full terms only or shall retire at the
age of Forty (40) - whichever comes first -, but may be dismissed from duty in accordance
with the provisions of this Constitution so as to serve the best interest of the Association.
6. In the event of incapacitation, death, resignation or removal of a NEC member from office,
an Extraordinary General Meeting may be convened for the purpose of electing a successor.
7. Any member of the Executive Committee elected in terms of sub-article 6 shall serve for the
remainder of his/her predecessor’s term of office.
8. The Executive Committee shall have the right to co-opt any person or persons, to set up sub-
committees for any specific purpose and to this end the NEC shall have the right to delegate
such of its own powers to a sub-committee as may be necessary. Such sub-committees shall
be chaired by a member of the NEC.
9. Notwithstanding anything to the contrary contained in this Constitution, the provisions of sub-
article 5 shall not be applicable to the Founding members who shall on an interim basis hold
office for Four (4) years from the date of official registration of the Association and shall be
eligible for election and re-election for further two Four (4) year terms provided that the first
elections shall take place no later than the 31st of January 2024.
10. The provisions of sub-article 9 shall not be altered by any amendment.

Article 11
General Meetings

1. General Assembly meetings shall be held at least twice a year.

2. Written notice of any General Assembly Meeting shall be given to the members at least
Twenty One (21) days prior to the proposed meeting.
3. An Annual General Meeting shall be held each December of every calendar year but may be
postponed to any other date not later than the 31st of January of the subsequent year.
4. A copy of financial statements and annual report shall be presented by the Treasurer at the
Annual General Meeting.
5. Reports of the various projects shall be presented at the Annual General Meeting.
6. Notice of an Annual General Meeting shall be given to the members at least Fourteen (14)
days prior to the proposed meeting.
7. The quorum necessary for the conduct of business at any Meeting shall be Twenty (20) of the
registered members personally present in addition to Four 4 NEC members.
8. Where a quorum is not achieved in the first meeting, a second meeting shall be convened not
later than Four (4) weeks thereafter whereof the meeting shall proceed notwithstanding that
the quorum of the members entitled to attend is not achieved.

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 9. An Extraordinary General Meeting may be called by the NEC at any time for the purpose of
dealing with any matter which cannot be held over until the next Annual General Meeting.
10. An Extraordinary General Meeting shall be called by the President through the Secretary
General of the Association if, and when, such a meeting is requested in writing by not less
than Twenty (20) paid up members of the Association whose signatures shall appear on such
request; provided the subject matter is submitted in writing so that it may be considered by
the NEC prior to the meeting.
11. Such Extraordinary General Meeting shall be called within one month of the receipt of such
a request.
12. No meeting shall be held without the approval of the President.
13. The President shall preside over all meetings at which he/she is present and may appoint
another member to chair any meeting.
14. A subsidiary body shall not meet elsewhere other than at the agreed place and shall not meet
without approval of the President.
15. At a meeting attended by an invitee, a participator or an observer, the President may, at his/her
own initiative or upon request, invite the guest to make a statement on a particular subject.
16. The Secretary General shall notify the invitees, participants or observers of the dates of
meetings or parts of meetings of bodies of the Association which they may attend.
17. The accidental omission to give notice of any meeting to any person or persons entitled to be
present thereat shall not invalidate the proceedings at the meeting.
18. Notwithstanding the foregoing, where circumstances cannot tolerate delay, the President may
call for a Special General Meeting by giving at least Twenty Four (24) hours’ notice to
members, stating the purpose thereof.
19. The decision of the ZMSA meetings if a consensus cannot be reached shall be by way of
voting.
20. In the event of an equality of votes, the President or in his absence chairperson of the meeting
as the case maybe shall, in addition to his/her deliberative vote, have a casting vote.
21. All resolutions other than resolutions required by a two-thirds majority shall be passed by a
simple majority of the members present and voting in person at the meeting.
22. All members of the Association shall maintain secrecy of meeting deliberations and any
member in breach of this provision shall be subjected to a disciplinary procedure.

Article 12
Membership

The Association shall consist of the following Membership categories:

1. Full Members: Zimbabwean Muslim students who have actively supported the Association
by way of subscription.
2. Associate Members: Any Muslim that is not necessarily a Zimbabwean Muslim student whose
interest is in promoting the ZMSA’s aims, objectives and vision locally and abroad.

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3. Institutional Members: Any institution or organisation whose interest is in promoting the
ZMSA’s aims, objectives and vision locally and abroad.
4. Membership of the Association shall be acquired by application and registration by those
eligible and desiring membership of the Association.
5. Applications for membership may be made through an electronic digital platform or at the
Association’s offices or through the ZMSA Secretariat or Agents.
6. Upon complete registration, a member shall be issued with a membership number in a digital
format, or a ZMSA membership card and/or membership certificate.
7. Voting rights shall only be enjoyed by fully paid up Full Members and Associate Members.
8. Any prospective member shall be required to accept in writing the aims, objectives and
Constitution of the Association.
9. A register of names, addresses and contact details of members shall be kept and maintained
by the ZMSA Secretariat.
10. Any change of address shall be notified to the Secretary General, and any registered letter
posted to the last address of a member which appears on the Register shall be deemed to have
been properly served.
11. The NEC shall be entitled to determine membership and subscription fee and to vary the same
from time to time.
12. Notwithstanding anything to the contrary, the NEC shall have the right to waive payment of
membership or subscription fee in favour of any member by furnishing the member with a
certificate of waiver.
13. In any case of failure to pay membership fee within the time fixed for such payment, the NEC
may in its discretion extend the time so fixed.
14. Notwithstanding the foregoing, the NEC shall have the power to create, alter or establish such
categories of membership for the advancement of the interests and objectives of the
Association as circumstances may so warrant.
15. For the avoidance of doubt and subject to the provisions of this Constitution:
a. Every applicant for membership shall be deemed to have accepted this Constitution
including the Association’s vision, mission, aims and objectives.
b. Full and Associate members shall be entitled to vote for candidates of their choice in any
NEC elective position.
c. Only Full Members shall be entitled to seek and to be voted for.
d. Every member shall with the approval of the Secretary General be entitled to inspect the
Association’s membership register and audited financial documents upon payment of a
prescribed inspection fee.

Article 13
Termination of Membership

1. A member shall cease to be a member if he or she:

a. Submits to the NEC Secretary General a letter of resignation signed by him or her.
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 b. Contravenes the Association’s Constitution or code of conduct.
c. Has had his or her membership terminated upon a disciplinary procedure.
d. Has failed to pay the subscriptions or any other dues after a letter of warning by NEC.
2. A member who ceases to be a member shall not be entitled to any refund of the subscription
fee paid by him or her and will remain liable to pay such subscription as the member may not
have paid.
3. The Association shall have a right to lay any claims against any person who has terminated
their membership of any monies due and owing from them, or for any damage or loss
occasioned to Association’s property, which was in his or her custody, possession, or control
prior to termination of membership provided that the provisions of this paragraph shall apply
to NEC members.
4. Any person subsequent to termination of his/her membership may if he or she so wishes to
re-join the Association, apply for readmission through the Secretariat which shall process the
application and make recommendation to the NEC for a final decision.

Article 14
Subscriptions

1. Members shall pay monthly subscriptions as and when they are due.
2. The subscriptions shall from time to time be determined by the NEC.
3. All such fees must be payable before the lapsing of time fixed for such payment.
4. If any member shall fail to pay its subscription on due month or within a grace period of three
months from the due date, the NEC may in writing determine, its membership status provided
that any such defaulter may, upon the discretion of the NEC, be re-admitted to membership
upon payment of arrear membership.
5. Fully paid-up members shall be entitled to attend all general meetings of the Association and
to vote thereat either in person, inspect the books and records of the Association at all
reasonable times after payment of an inspection fee and upon receipt of written approval by
the NEC and to generally participate in all the activities of the Association.

Article 15
Property

The Association shall be entitled to acquire movable and immovable property of whatever kind and
shall have full powers to deal therewith in any manner, whether by mortgage, pledge, alienation by
sale, donation or otherwise, and shall be empowered to borrow money with or without security.

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 Article 16
Finance

1. The Association shall be a non-profit organization, which shall exist solely for the furtherance
of the aims and objects set forth in Article 7.
2. The source of funds of the Association shall include the following:
a) Membership dues.
b) Grants and voluntary donations.
c) Fundraising events.
d) Net income from publications and other saleable items offered for sale to the public.
e) Revenue from all forms of investments, which the Association may undertake directly or
indirectly.
f) Any other lawful source of funds.
3. Officials of any organ of the Association and bodies created by it may not incur expenditure
in excess of the funds put at their disposal without prior authority in writing from the NEC.
4. The financial year of the Association shall be determined by the Treasurer.
5. The NEC shall establish rules and regulations to govern the collection, keeping and
disbursement of finances.
6. No portion of the income or property of the Association is required to be utilized other than
solely in the furtherance of its aims and objects.
7. All monies received shall be accepted and banked to an account with a commercial bank.
8. Proper books of accounts shall be kept so as to reflect accurately the financial activities of the
Association.
9. Withdrawals from the bank account shall require the signatures of the President at all times
who shall act as a principal and mandatory signatory and with that of either the Secretary
General or Treasurer who shall interchangeably act as co-signatories.
10. The Secretary General in coordination with the Treasurer shall maintain a system of control
of the terms and conditions of a proposed voluntary contribution or grants. Within that system
of control, the Treasurer is authorized to accept any voluntary contribution or grant in any
amount.

Article 17
Audit

1. Association accounts shall be internally and externally audited by reputable auditors in

accordance with the finance policy drafted by the Treasurer and approved by the NEC.
2. All the Association accounts, records and documents shall be open for inspection by the
auditors at any time.
3. The auditors shall be paid such fees for their services as may be approved by the NEC.

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 Article 18
Inspection of Accounts and Membership Register

The books of accounts and all documents thereto and the register for members shall be available for
inspection at the head office of the Association by any member after paying an inspection fee, by
giving not less than Fourteen (14) working days’ notice in writing.

Article 19
Organs of the Association

The Association shall have the following organs

a. The General Assembly
b. The Board of trustees
c. The Disciplinary Committee
d. Provincial Committees
e. The Guardian Council
f. The National Executive Committee

Article 20
The General Assembly

1. The General Assembly shall comprise of the NEC, the Board of Trustees, Provincial
Committees and members of the Association.
2. The Association shall not hold less than two General Assembly meetings each calendar year
convened and chaired by the president of the NEC.
3. The date, place and time for the General Assembly meeting shall be fixed from time to time
by the National Executive Committee.
4. All General Assembly resolutions other than resolutions required by a two-thirds majority
shall be passed by a simple majority of the members present and voting in person at the
General Assembly.
5. The General Assembly meetings of the Association shall be attended by:
a. Trustees of the Association;
b. Members of the NEC;
c. Full Members of the Association;
d. Associate Members;
e. Two representatives from each organisation registered with the Association as an
Institutional Member;
f. Invitees, participants and observers.

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 Article 21
The Board of Trustees

1. For the purposes of managing the properties of the Association, advising on policy
formulation and playing an oversight role over the NEC and facilitating for free and fair
Quadrennial elections there shall be a Board of Trustees (hereinafter referred to as “The
Board”).
2. The Board shall consist of the founding members who shall be permanent trustees plus five
(5) trustees appointed by the NEC.
3. An appointed Trustees shall be Muslims of mature, respectable and reputable character as
determined by the NEC.
4. The NEC shall publish the names of the Trustees appointed.
5. All the existing and future property of the Association shall vest in the name of The Board.
6. Any funds received by the Association may be invested by the Trustees at the discretion of
the NEC.
7. If a trustee dies, resigns, or is removed from office, such a vacancy shall be caused to be filled
by the NEC within three months from the date the vacancy occurs.
8. Unless otherwise provided by this Constitution, the Board shall have inherent powers to
protect and regulate its processes in terms of meetings, adoption of resolutions and election
of executive Board members and committee members of The Board and any other incidental
matters.
9. Appointed Trustees shall be in office for a period of five calendar years; provided that every
trustee retiring at the expiration of the period shall be eligible for re-appointment.
10. Unless not re-appointed under the preceding paragraph, no trustee shall be removed from
his/her office except by the NEC, provided that the trustee may be so removed only if:
a. He/she has accepted any office which in the opinion of the NEC makes it unlikely that
he/she can properly and reliably execute the duties and functions of The Board.
b. The NEC has received a signed petition calling for his/her removal from office by at
least fifty (50) members of the Association, provided that such a trustee shall be given
an opportunity to be heard.
c. He/she is found to be criminally liable by a court of law.
d. Found by the disciplinary committee to be liable of misconduct or by a decision by
Two Thirds (2/3) majority of The Board.
e. He/she becomes insolvent or of unsound mind or becomes unable to act owing to
absence or for any other reason.
11. Founding members shall serve as permanent Trustees for life unless removed from office by
a decision of Two Thirds (2/3) majority of The Board due to incapacitation or serious
misconduct provided that such a trustee shall be given an opportunity to be heard.
12. The Board shall be vested with powers to:

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 a. Settle disputes between the National Executive Committee and any committee or
member of the Association;
b. Recommend suspension or dismissal of any member of the Association who
contravenes the Constitution of the Association.
c. Institute and defend action on behalf of the Association and to pass transfer or and
mortgage the Association’s property for such amount and on such condition in
consultation with the NEC.
d. Dissolve any elected Committee of the Association on the last day of its term by 6
o'clock p.m.
e. Appoint an interim NEC in a situation where, due to certain circumstances, national
elections are delayed, or upon the dissolution of the NEC.
f. Dissolve the NEC over serious contravention of the Constitution of the Association
after meeting the requirements of the principles of natural justice.
g. Facilitate a peaceful and smooth hand over take over upon assumption of office by a
new NEC.
h. Do all such other things as may be required by this Constitution.
13. The Board shall meet not less than four (4) times each calendar year.
14. No member of the Board shall attend meetings by proxy.
15. At any meeting of the Board:
a. The Chairperson or in his/her absence the Vice Chairperson of the Board shall preside;
b. In the absence of both the Chairperson and the Vice Chairperson members of The
Board present shall elect one of the members to preside;
c. Quorum shall be formed by any five members.
16. On instructions from the Chairperson of The Board or the written request of not less than five
trustees, the Secretary of the Board shall convene a meeting of the Board.
17. Proceedings of Board meetings shall be recorded by the Secretary of The Board in a minute
book and shall be signed by the Chairperson of the Board after adoption.
18. The deliberations of the Board shall be protected by the ZMSA Official Secrets Regulations
and shall not be shared by third parties.

Article 22
Disciplinary Committee

1. There shall be established an independent National Disciplinary Committee which shall be

vested with the authority to determine all disciplinary procedures referred to it by the NEC or
The Board.
2. The National Disciplinary Committee shall be independent and subject only to this
Constitution which it must apply impartially, expeditiously and without fear or favour or
prejudice.

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3. The National Disciplinary Committee shall be composed of Seven (7) members who shall be
appointed by the NEC from among persons who are:
a. Muslim citizens of Zimbabwe of above the age of 18 years.
b. Reputable, knowledgeable, competent, independent and impartial.
c. Persons not holding any other office in the Association.
4. The term of the National Disciplinary Committee shall run concurrently with the term of the
NEC.
5. National Disciplinary Committee members may be reappointed by a new NEC.
6. The Chairperson of the National Disciplinary Committee shall be a person who has a
qualification in Islamic Jurisprudence or its equivalence.
7. The National Disciplinary Committee shall have both original and appellate jurisdiction to
hear and determine matters relating to or concerning discipline within the Association.
8. The National Disciplinary Committee shall have appellate jurisdiction to hear appeals and
shall have original jurisdiction to hear matters referred to it by the President, Secretary
General, the NEC or the Board of Trustees.
9. The National Disciplinary Committee shall have the power to impose any penalty provided
for under this Constitution.
10. The National Disciplinary Committee in consultation with the NEC shall have inherent
powers to make rules, and guidelines to protect and regulate its own processes.
11. In all cases before the National Disciplinary Committee, every member appearing for a
hearing shall be entitled to a fair hearing and be accorded an opportunity to defend themselves
and may be represented by any other Association member of their choice.
12. Where necessary, any member of The Board, NEC or the Association who shall not be a party
to the disciplinary proceedings may be invited to observe and monitor the proceedings.
13. The National Disciplinary Committee shall report its findings and decisions to the President,
Acting President or Vice President as the case may be for adoption, ratification, variation or
substitution.
14. The decision of the National Disciplinary Committee shall stand until and unless set aside,
varied or substituted by the Guardian Council.
15. The decision of the disciplinary committee shall be given to the NEC Secretary General for
filing.
16. The Disciplinary Committee shall recommend any of the penalties contained in Article 22 of
this Constitution.

Article 23
Matters Constituting Disciplinary Measures

1. Disciplinary action shall be instituted against a member in cases of:

a. Gross misconduct.
b. Corruption.

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 c. Misappropriation of Association funds and/or misuse of Association facilities.
d. Disloyalty to the Association.
e. Acting or advancing positions contrary to the Association’s position or adopted policies.
f. Failure, refusal or neglect to carry out directives or instructions of the Association.
g. Failure to make remittance/or pay dues to the Association.
h. Lack of respect to decisions or organs of the Association.
i. Failure to abide by the Code of Conduct of the Association.
j. Any other act of commission or omission that may bring the Association’s name into
disrepute.

Article 24
Penalties for Disciplinary Measures

1. In the discharge of its disciplinary mandate the NEC may:

a. Suspend a member.
b. Expel a member.
c. Fine a member.
d. Demote a NEC member.
e. Review its own decision
f. Substitute or uphold penalty imposed by the National Disciplinary Committee.
2. The decision of the NEC shall be final and unappealable.

Article 25
Provincial Committees

1. The President in consultation with NEC shall appoint chairpersons and members of Provincial
Committees in all the Provinces of Zimbabwe.
2. Unless so required in writing by the NEC, no Provincial Committee shall exercise its powers
other than in the specified provinces in the Republic of Zimbabwe.
3. Every Provincial Committee shall consist of a :
a. Chairperson.
b. Deputy Chairperson.
c. Secretary.
d. Treasurer.
e. Two (2) committee members.
4. Each Provincial Committee shall:
a. Assist the President of the NEC in coordinating activities and functions of the
Association in its respective province.
b. Assist the NEC in the implementation of the objects of the Association in its specific
province.

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 c. Perform such other activities as instructed by the NEC.
5. No Provincial Committee shall lend, sell or otherwise dispose of any property of the
Association without prior consent of the NEC.
6. No Provincial Committee shall incur any expenses beyond any limit fixed by the NEC without
prior consent of the NEC.

Article 26
The Guardian Council

1. The Guardian Council shall be made up of the President, Deputy President, Secretary General,
Deputy Secretary General and the Organising Secretary.
2. Any serious contentious issue in the leadership or general members of the Association without
prejudice to due process may be referred to the Guardian Council for determination and the
decision rendered the Guardian Council will be final.
3. The Guardian Council shall be the highest decision making organ outside The Annual General
Meeting.
4. The Guardian Council shall be vested with power to:
a. Approve the terms and conditions of services of the staff members employed by the
Association.
b. Appoint other committees as it deems necessary from time to time for specified tasks and
to determine their terms of reference.
c. Receive, consider, approve and implement reports and recommendations from the various
standing, ad hoc and specialised committees or individuals.
d. Subject to this Constitution to appoint members of the Elections Board after consulting
with the Board of Trustees.
e. To liaise and coordinate with the Elections Board in order to ensure free, fair and
transparent elections of NEC officials and Association nominations.
5. The deliberations of the Guardian Council shall be protected by the ZMSA Official Secrets
Regulations and shall not be shared by third parties.
6. The Guardian Council shall meet as and when need determines and shall have inherent powers
to determine and protect its own processes.

Article 27
The National Executive Committee

1. Management of the Association shall be vested in the NEC which shall carry out the day-to-
day running of the Association.
2. The NEC shall have the power to formulate at any time Rules, Regulations or By-laws that
are consistent with the provisions of this Constitution which shall elaborate and provide for
the functions of the office bearers.

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3. The NEC may establish standing, ad hoc and/or specialised committees or other organs, arms
and branches as it may deem necessary.
4. The NEC shall initiate all such activities which may further the aims and objectives of the
Association.
5. The NEC shall be vested with power to make policy and administrative decisions which
cannot wait until the next Annual General Meeting.
6. There shall be established the following Standing Committees:
a. Dawah, Propagation and Islamic Programs Committee.
b. Education Committee.
c. Finance and Administration Committee.
d. Strategy and Policy Committee.
e. Membership Development Committee.
f. Logistics Committee.
g. Legal Affairs Committee.
h. External Relations Committee.
7. Every Committee shall consist of not less than Three (3) and not more than Five (5) members
of the Association and shall be chaired by a NEC member.
8. Office bearers of the NEC shall consist of the following Thirteen (13) members:
a) President.
b) Vice President.
c) Secretary General.
d) Deputy Secretary General.
e) Organizing Secretary.
f) Treasurer.
g) Deputy Treasurer.
h) Secretary for Economic Empowerment.
i) Deputy Secretary for Economic Empowerment.
j) Secretary for Media, Information and Publicity.
k) 3 Committee Members.
9. ZMSA members shall be elected to hold public office for a Four (4) year term.
10. Notwithstanding anything to the contrary contained in this Constitution, the President shall be
vested with powers to appoint and dismiss the Three (3) committee members referred to in
sub-article (8) on account of their professional skills, value, competence or expertise.
11. There shall not be less than Seven (7) NEC members at any time that shall carry out the
Association’s mandate.
12. In the event that both the President and his or her Vice President are unable either temporarily
or permanently to perform their duties, the NEC shall appoint a member from amongst them
to act as President until a substantive President and Vice President are elected at an elective
Extraordinary General Meeting.

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 13. Upon being elected, the NEC members shall take an oath of allegiance to the Association and
such other oath of due execution of their office as may be prescribed by the Regulations.

Article 28
The President

The President shall be the overall Leader of the Association and the symbol of unity whose role of
shall be to:
1. Oversee, coordinate and supervise the implementation of the Constitution, enforce its
observance and to ensure discipline, proper conduct and order in the Association in
accordance with this Constitution and have overall authority over all the organs of the
Association.
2. Issue directives for the performance of specific acts or omissions thereof in furtherance of the
aims and objectives of the Association or fulfilment and compliance with Associations’
Constitution.
3. Offer leadership, organisational and religious direction and guidance to the members of the
Association at all times in the discharge of his or her mandate.
4. Cause to be prepared a consolidated annual and or longer term plans and budgets for the
programmes to be implemented in line with the mandate of the Association.
5. Oversee the other NEC members in fulfilling their responsibilities and to ensure that there is
effective communication between The Board and the NEC and to accept resignations from
the Association’s officials.
6. Promote social and religious harmony in the rank and file of the Association.
7. Take up the lead responsibility and representation of the Association’s objectives and policies
to the outside world and to promote consultation, engagement and co-operation with other
organisations and stakeholders.
8. Assign an executive member with part of his or her responsibilities in the event that both the
President and Vice are absent.
9. To appoint representatives to other organisations, conferences, conventions, seminars or
programs to which the Association relates.
10. Perform such duties and exercise such powers conferred upon him or her by this Constitution
and take any action or give any directives which in his or her opinion will enable the
Association to achieve its objectives and interests.
11. Summon any member, attend or summon a meeting of any organ of the Association at any
time.
12. Perform such other duties as maybe required by the Annual General Meeting or The Board
and to perform such other duties and functions as are inherent or customary to the office of
the President.

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 Article 29
Vice President

The Vice-President shall have the following duties:

1. To deputise the President, and to perform such functions as the Constitution, By-Laws and
Regulations may direct and to manage clusters under him or her in consultation with the
Association’s President.
2. In the absence of the President be the Acting President and exercise the powers and perform
the duties of the President.
3. The decision of the Acting President shall be equally binding as if it was made by the President
himself or herself.
4. To forge a strong sense of unity within the ZMSA organs and amongst the Association’s ranks
and to ensure a pleasant working relationship between the NEC and other ZMSA members.
5. In consultations with the President issue policy directions and guidelines to the NEC,
Association members and employees from time to time.
6. Develop relationships for The Association with other Muslim Students Societies in all
Tertiary Institutions in Zimbabwe and other stakeholders.
7. Carry out any other functions as may be assigned to him or her by the President.

Article 30
Secretary General

The Secretary General shall perform the following functions:

1. To ensure that such books and or records as may be prescribed by the NEC including an
updated register of members of the Association are kept.
2. To receive requisitions for meetings, petitions, and issue notices of meetings, conduct all
correspondences of the Association, keeping originals of letters received and copies of those
dispatched.
3. To accurately record and maintain minutes and resolutions of all meetings and cause the same
to be signed by the President after his or her approval.
4. Read the correspondence which has taken place since the last meeting.
5. Be the custodian of the Seal and Logo of the Association and custodian of legal documents.
6. Be in charge of carrying out all correspondences and communication on behalf of the
Association and custodian of the Association’s records.
7. Ensure that the Association funds are not used for purposes not authorised by the relevant
Regulations or Resolutions.
8. Head the Secretariat Department of the Association which shall comprise of the Secretary
General, Deputy Secretary General, Treasurer, Deputy Treasurer, Organising Secretary and
any other person assigned or employed to assist the Secretariat Department.
9. The Secretary General shall be a co-signatory to all the Association’s accounts.

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 10. To perform such other duties and functions as are inherent in or customary to the office of
Secretary General of a Muslim Students Association.

Article 31
Deputy Secretary General

The Deputy Secretary General shall deputise the Secretary General and shall conduct the duties of
the Secretary General in his or her absence and shall carry out any functions as may be assigned to
him or her by the NEC.

Article 32
Treasurer

The Treasurer shall perform the following duties:

1. To keep or cause to be kept an accurate records of all the finances of the Association, seek
funding, and disburse any such funds as approved by the President.
2. Be in charge of policy guidelines in respect of the Association’s Financial Affairs and
responsible for ensuring compliance with such guidelines under the direction of the Secretary
General.
3. To prepare an annual budget and financial policy of the Association.
4. To collect and bank in the Association’s bank account joining fees, subscriptions, levies, fines
and any other revenue due to the Association.
5. Submit reports to the NEC on the financial position of the Association at every NEC’s
meeting.
6. Prepare or cause the preparation of, and submit to the NEC annual financial statements, and
shall ensure that a duly audited Annual Statement of Accounts is circulated to all delegates at
the time the notice convening the Annual General Meeting is sent out and shall be a co-
signatory to all the Association’s financial documents and bank accounts.
7. Ensure that every person handling the Association’s finances adhere to all procedures laid
down for handling of such monies or matters related thereto.
8. Ensure the execution of prudent stewardship, standards, and best international financial
practices to protect Association’s finances.
9. Perform such other duties and functions as are inherent in or customary to the office of a
Treasurer.

Article 33
Deputy Treasurer

The Deputy Treasurer shall deputise the Treasurer and shall conduct the duties of the Treasurer in his
or her absence and shall carry out any functions as may be assigned to him or her by the NEC.

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 Article 34
Organizing Secretary

The Organising Secretary shall:

1. Be responsible for initiation of the Association’s programs.
2. Supervise the organisation of the Association and in particular the organisation of public
meetings and functions of the Association.
3. Be responsible for promoting the Association’s activities including membership recruitment
for all categories.
4. In conjunction with the Secretary General coordinate the functions of the ZMSA organs.
5. Perform all the functions that are inherent and customary to the office of the Organising
Secretary.

Article 35
Secretary for Economic Empowerment

The Secretary for Empowerment shall be responsible for:

1. Coming up with economic empowerment programs for the Association.
2. Supervision of the economic projects adopted by the Association and coordinating all activities
relating to economic empowerment.
3. Submitting the plan of activities and programmes through the office of the Secretary General
for approval by the NEC, which shall be inclusive of resource mobilisation.
4. Rendering advice to the NEC on all economic and empowerment programs.
5. Representing the interests and articulate issues concerning economic empowerment of the
Association to external stakeholders.
6. Perform all the functions that are inherent in and customary to the office of the Empowerment
Secretariat.

Article 36
Deputy Secretary for Economic Empowerment

The Deputy Secretary for Economic Empowerment shall deputise the Secretary for Economic
Empowerment and conduct the duties of the Secretary for Economic Empowerment in his or her
absence and shall carry out any functions as may be assigned to him or her by the NEC.

Article 37
Secretary for Media, Information and Publicity

The Secretary for Media, Information and Publicity shall:

1. Be responsible for dissemination of information to external stakeholders.

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 2. Act as the mouthpiece of the Association.
3. Respond to media related issues.
4. Be in charge of the Associations electronic media platforms, visual, print and any other media
of communication.
5. Perform all the functions that are inherent in and customary to the office of the Secretary for
Media, Information and Publicity.

Article 38
Committee Members

Committee members shall carry out such duties or perform any other functions as may be assigned
to them by the President.

Article 39
Executive Committee Meetings

1. The NEC shall meet at least once every month throughout the year.
2. The NEC meetings shall be convened by the Secretary General after consulting with the
President.
3. The Secretary General in consultation with the President shall set up the agenda of the NEC
meeting.
4. Notice of a NEC meeting shall be given to the members at least Seven (7) days prior to the
proposed meeting.
5. The President shall chair all NEC meetings, although nothing in this Constitution shall prevent
him or her from assigning another member to chair the meeting.
6. A quorum of the NEC meetings shall be from time to time determined by the NEC.
7. Where a quorum is not achieved in the first meeting, a second meeting shall be convened not
later than Two (2) weeks thereafter whereof the meeting shall proceed notwithstanding that
the quorum of the members entitled to attend is not achieved.
8. Deliberations of the NEC meetings shall be privileged and protected by the ZMSA Official
Secrets Regulations.
9. NEC members shall have freedom of speech during NEC meetings and they shall not be liable
to civil or criminal proceedings or damages for anything said or evidence produced during
any meeting.
10. All NEC members shall maintain secrecy of NEC meetings any member in breach of this
provision shall be subjected to a disciplinary procedure.
11. Notwithstanding the foregoing, the NEC shall have inherent powers to protect and regulate
its own processes.

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 Article 40
Removal of NEC Members from Office

1. Any National Executive Member may be removed from office only for:
a. Failure to attend three consecutive NEC meetings without having prior leave of absence
granted by the President.
b. Inability to perform the functions of his or her office due to mental or physical incapacity.
c. Gross incompetency.
d. Misconduct.
e. Acting or advancing positions contrary to the Association’s position or adopted policies.
f. Conduct considered to be contrary to the aims, objects and spirit of the Association.
g. Any other reason which in the opinion of the NEC justifies the removal of a member from
office.
2. A motion to remove a NEC member may be moved and seconded by NEC members.
3. Upon passing of the removal motion in terms of subsection (2) the NEC shall investigate the
removal of the NEC member from office.
4. The NEC member shall stand suspended from official duty once investigation proceedings
commence until pronouncement of the decision by the NEC.
5. The NEC member shall be given the opportunity to be heard and defend himself or herself.
6. If after investigating the issue warranting removal, the NEC by at least Two-Thirds (2/3)
majority of their total membership, resolve that the NEC member should be removed from
office; then the NEC member shall cease to hold office.
7. The decision by the NEC on the removal of the NEC member shall be final and unappealable.

Article 41
Removal of President or Vice President from Office

1. The President or Vice President as the case may be, may be removed from office for:
a. Serious misconduct.
b. Failure to obey, uphold or defend this Constitution.
c. Inability to perform the functions of the office due to physical or mental incapacity.
2. A motion to remove the President may be moved and seconded by NEC members.
3. At least Two-thirds (2/3) majority of the NEC may resolve the question whether or not the
President or Vice President should be removed from office.
4. Upon the passing of resolution in terms of sub-article (3), The Board of Trustees should
appoint an Independent Commission of Inquiry consisting of either 5 members in respect of
the Vice President and 7 members in respect of the President who are eligible to be appointed
into the Disciplinary Committee to investigate the removal from office of the President or
Vice President as the case may be.

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5. The President or Vice President as the case may be shall stand suspended from official duty
once investigation proceedings commence until pronouncement of the final decision by the
joint committee of the NEC and The Board of Trustees.
6. The President or Vice President as the case may be shall be given the opportunity to be heard
and defend himself or herself.
7. If:
a. the Independent Commission of Inquiry recommends the removal from office of the
President or Vice President; and
b. a joint committee of the NEC and The Board of Trustees resolve by a joint resolution
passed by at least Two-Thirds (2/3) majority of their total membership, resolve that the
President or Vice President, as the case may be should be removed from office; then the
President or Vice President shall cease to hold office.
8. The decision by the joint committee of the NEC and The Board of Trustees on the removal of
the President or Vice President as the case may be shall be final and unappealable.
9. A President or Vice President cannot be removed from office except in accordance with this
Article.

Article 42
Rules, Regulations and By-Laws

1. The NEC shall make rules, regulations and by-laws for the implementation of this
Constitution.
2. These rules, regulations and by-laws may be altered or amended by a simple majority at any
NEC meeting provided that no amendment shall be put to a vote unless written notice of such
amendment shall have been delivered to each member at least Two (2) weeks before the
meeting at which the amendment is to be voted upon.
3. Any by–law may be suspended at any meeting of the NEC with the approval by at least Two-
Thirds (2/3) of the NEC membership present.

Article 43
Seal, Stamp, Logo and Flag

1. The Association shall have a seal and stamp whose design shall be approved by the National
Executive Committee.
2. The seal and stamp shall:
a. Be kept in the custody of the Secretary General and shall be affixed on documents or other
items duly approved by the NEC.
b. Be authenticated by the signatures of either the President, Vice President, Secretary
General or Deputy Secretary General and in their absence by other persons duly authorised
in writing by the President.

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 c. When authenticated, the affixation of the seal or stamp on the document approved shall
be presumed to have been duly authorised and the contents of the document so affixed
shall, as against third parties, be binding on the Association.
3. The seal or stamp may be amended as circumstances and interests of the Association may
dictate, provided that sufficient public notice shall be given of such amendment and any
documents previously sealed or stamped shall continue to be valid as against the Association.
4. The Association shall have a logo with or without a caption or motto, whose use shall be
governed by the following general rule:
a. The Association may use its logo on any ZMSA document, material, tie, apparel, umbrella
or anything on which it is intended to propagate the official image of the Association.
b. The logo may be amended as circumstances and interests of the Association may dictate,
provided that sufficient public notice shall be given of such amendment and any
documents or material previously carrying the ZMSA logo shall continue to be valid as
against the Association.
5. The Association shall have a flag whose design and colours shall be approved by the NEC.
6. The NEC and members shall endeavour to hoist and fly the flag at all ZMSA establishments,
functions and activities, provided that such hoisting and flying shall be subservient to that of
the National Flag and the Presidential Standard.
7. It shall be the duty of the NEC to take any action within its power and means to defend,
preserve and protect as the case may be, the dignity of the Association.

Article 44
Elections

1. Elections, which must be held every 4 years, to which this Constitution applies must be
a) Peaceful, free and fair.
b) Conducted by secret ballot.
c) Based on equality of votes.
d) Consensual and free from coercion and other electoral malpractices.
2. Eligible voters shall only be fully paid up Full and Associate members present at the elective
general meeting.
3. To be considered for a position in the NEC, a member of the Association has to be nominated
by a fellow member of the Association.
4. The Board of Trustees shall take all appropriate measures to ensure that effect is given to
principles set out in sub-article (1) and, in particular must ensure the timely resolution of
electoral disputes.
5. The NEC shall enact detailed transparent, fair and democratic Electoral Regulations that shall
be binding upon all members of the Association.
6. The Electoral Regulations shall provide for the conduct of elections to which this Constitution
applies.

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 Article 45
Code of Conduct

All members shall subscribe to the following Code of Conduct in their public affairs in addition to
any further or other requirements stipulated by the Code of Conduct Regulations and without
limitation to the following:
1. All members of the Association shall conduct themselves with the highest standard of personal
integrity and honour and shall not involve themselves in dishonourable conduct which
includes:
a. Corrupt application of public resources
b. Discrimination on grounds of race, tribe, place of origin or sex.
c. Practice nepotism, tribalism, clannism and favouritism.
d. Improper behaviour.
2. Association officials shall bind themselves by signing the ZMSA’s Code of Conduct.
3. Failure to comply with the Code of Conduct shall constitute a disciplinary offence.

Article 46
General Provisions

1. Every member, trustee, NEC member, member of a sub-committee, agent, officer, or

employee of the Association shall be fully indemnified against all actions, costs, charges,
expenses and losses, during the discharge of his or her duties, and no such person shall be
liable for the acts or omissions of any other such person upon any ground whatsoever other
than his or her own wilful acts or defaults.
2. The liability of the Association in terms of the preceding provision or for any other claim shall
be limited to the assets of the Association.
3. Any member, trustee, NEC member, member of a sub-committee, agent, officer, servant, or
employee of the Association shall not be liable in his or her personal capacity for any actions,
costs, charges, expenses, losses, damages or other liabilities incurred by any other person or
the Association.
4. Nothing in this Constitution, by-laws, rules, regulations or procedures shall preclude the
President acting on his or her own or through the Guardian Council or NEC from taking or
making a decision that he or she deems proper and fit in the interest of the Association.

Article 47
Amendment

1. This Constitution may be amended by a resolution of an Extra Ordinary General Meeting.

2. The following procedure shall be adopted:

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 a. Proposals regarding the amendment of the Constitution shall be submitted in writing to
the Secretary General and approved by the President.
b. Amendment proposals may be initiated by the Founders, Trustees, and NEC or by a
request signed by at least 100 fully paid up members.
c. Notwithstanding anything to the contrary contained in this Constitution, the Secretary
shall issue a written notice of motion to the members at least Four (4) weeks before the
Extra Ordinary General Meeting called for the purpose of considering the proposed
amendment.
d. No amendment of this Constitution shall be made unless two-thirds of the members
present vote in favour of such amendment.

Article 48
Dissolution

1. Seventy Five per centum of the total membership of the Association may resolve to dissolve
the Association at an Extra Ordinary General Meeting.
2. The notice convening the meeting shall clearly state that the question of the dissolution of the
Association and disposal of its assets will be considered.
3. If there is no quorum at such an Extra Ordinary General Meeting, the meeting shall stand
adjourned for not more than Four (4) weeks and the members attending such an adjourned
meeting shall constitute a quorum.
4. If upon dissolution of the Association there remain any assets whatsoever after the satisfaction
of all its debts and liabilities, such assets shall not be paid to or distributed among its members
but shall be given to such other Organization(s) or Association(s) as may be decided by the
members at a general meeting.
Article 49
Nullification

This Constitution shall be considered null and void only when a new Constitution is ratified.

Article 50
Ratification

This Constitution shall take effect as the governing document of the Zimbabwe Muslim Students
Association Trust upon ratification by at least Two-Thirds (2/3) majority of the National Executive
Committee.

END

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 We, the National Executive Committee, acting as official representation of the Zimbabwe
Muslim Students Association, hereby declare that on this day, the November 30 th, 2019, this
document sets forth the formal organizational structure of the ZMSA and shall henceforth be
considered the principal governing law of the Zimbabwe Muslim Students Association.

Unanimously approved and accepted by the following founding members of the Zimbabwe
Muslim Students Association at a general meeting held at number 25 Wendy Drive, Belvedere,
Harare, Zimbabwe on the 30th day of November 2019.

1. Abudhabi Asali

2. Tsitsi Saidi

3. Stanley Nhamo

4. Nyasha Makaka

5. Rahmatullah Yusufu

6. Oscar Ajibu

7. Lewis Madziire

8. Esnath Adadi

9. Alayina Halera

10. Umali Umali

11. Hussein Mugumbate

12. Talent Chemayese

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