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UNIVERSITY OF MALAWI STUDENTS ASSOCIATION (UNIMASA)

CONSTITUTION
ARRANGEMENT OF SECTIONS

ARTICLE PAGE PAGE


Declaration --------------------------------------------------------------------
Preamble -----------------------------------------------------------------------
Article l: Name -------------------------------------------------------------- --
Article 2: Patron/Matron ----------------------------------------------------
Article 3: Legal advisor-------------------------------------------------------
Article 4: Aims and Objectives----------------------------------------------
Article 5: Membership -------------------------------------------------------
Article 6: Rights and Obligations -------------------------------------------
1. Full Members
2. Associate Members
3. Honorary 'Members
4. Life Members
Article 7: Organs of Government--------------------------------------------
1. General Assembly
2. The Executive
3. Parliament
4. Constitutional Tribunal
5. The Care Taker Government
Article 8: Functions and Powers---------------------------------------------
1. General Assembly
2. The Executive
3. Parliament
Article 9: Student Governance Court
Article 10: Elections ---------------------------------------------------------
1. Elections of the Executive
2. Swearing-in
Article 11: Termination of Office -------------------------------------------
1. Registration
2. Vote of No Confidence in the President or and in the Executive
3. Vote of No Confidence in the Speaker
Article 12: Finances-----------------------------------------------------------
1. Collection of Revenue
2. Source of Revenue
3. Authorization of Expenditure
4. Supervision of Finances
5. Auditing
Article 13: Societies -----------------------------------------------------------
Registration and Affiliation
Article 14: The Constitutional Amendments-------------------------------
1. Changes
2. Interpretation
Article 15: Breach of the Constitution -------------------------------------
Appendix 1 Swearing-in Citation ------------------------------------------
(a) The President
(b) The Executive
(c) The Speaker
Appendix 2 Supremacy------------------------------------------------------

DECLARATION
Approved and adopted, mutatis mutandis, by University of Malawi students as
the Constitution of the University of Malawi Students Association on this 6 th
day of February in the year of our Lord Two Thousand and Twenty.

PREAMBLE
We members of the University of Malawi Students Association (UNIMASA)
recognizing that the management of the University is vested in the Council of
the University of Malawi as embodied in the University of Malawi Act, 2019:

And also in order to promote academic life and to cultivate a genuine and
responsible sense of leadership and efficient Students' Association:

Do hereby declare, adopt and bind ourselves and our UNIMASA successors by
this Constitution as the CONSTITUTION of the University Of Malawi Students
Association on this 1st day, of May 2021.
Article 1: Name

The students' body comprising full, associate, honorary, and cooperate


members as per Article 6 shall be called and known as 'The University of
Malawi Students’ Association,' hereinafter referred to as UNIMASA.

Article 2: Patron/Matron

a) The Student Representative Council hereinafter referred to as SRC shall


nominate any member of Staff who is a professor to be the patron of
UNIMASA approved by the Parliament;
b) He or she shall look into the welfare of UNIMASA.

c) He or she shall advise UNIMASA on all important decisions of UNIMASA.

Article 3: Legal Advisor

e) The UNIMASA Executive shall choose from among members of academic


Staff in the faculty of law a legal advisor;
f) He or she shall advise UNIMASA on all legal issues.

Article 4: Aims and Objectives

The aims and objectives of UNIMASA shall be:


a) To establish an efficient and effective Students Association;
b) To work with the University in all matters affecting;
UNIMASA, and to promote matters of interest to the University;
c) To seek representation and participation in the organs of the University;
d) To encourage and promote worthy traditions, academic and social life at
The University;
e) To cultivate worthy qualities among members of UNIMASA, train and
Prepare them for future service to the community; and
f) To work in cooperation with relevant interest groups and establish
friendly relations when and where it is not to the detriment of the
University.

Article 5: Membership
Members shall be obliged to pay a compulsory subscription fee as suggested by
the SRC and approved by Parliament. The following shall be members of
UNIMASA:

Section 1: Full Members


Full Members shall be all bonafide students registered for programs at the
University.

Section 2: Associate Members


Associate Membership shall be conferred on persons who have previously been
Full Members of UNIMASA or its predecessor, the Students’ Union of
Chancellor College (SUCC).

Section 3: Honorary Members


An honorary member shall be any person who has never been a Full Member
or Associate Member of UNIMASA upon expression of interest or nomination,
whichever the case may be.

Section 4: Cooperate Members


Cooperate Membership shall be obtained by an institution, organisation or
industry upon expression of interest or nomination, whichever the case may
be.
Article 6: Rights and Obligations

Section I: Rights of Full Members


A Full Member shall have the right -
a) To participate fully in the proceedings of the General Assembly and have
representation in Parliament;
b) Subject to any provision of this Constitution, elect and be elected
into any office of UNIMASA;
c) To be elected, nominated, or appointed as a delegate or representative
of UNIMASA in any of its undertakings.

Section 2: Rights of Associate, Honorary, and cooperate


Members
Any Associate, Honorary or Cooperate member shall have the right to access
the facilities of UNIMASA with the prior consent of the SRC.

Section 3: Obligations of all members


Every member of UNIMASA shall abide by the letter and spirit of this
Constitution at all material times.

Article 7: Organs of Government

Section 1: The General Assembly


a) The General Assembly shall be the general meeting of all members of
UNIMASA, convened at least once a semester;
b) The quorum of the General Assembly shall be one quarter of full
members provided that the quorum of the Emergency Assembly shall be
one-half of full members;
c) The General Assembly shall be convened by the Speaker on his or her
own motion or on the motion of the SRC or on the motion of any
member of UNIMASA provided that he or she secures at least ten percent
signatures of full members,
d) The General Assembly shall be held after a 48 hours' notice. Provided
that the above shall not apply in case of an Emergency Assembly;
i. An Emergency Assembly shall be called whenever any matter
arises which by its nature requires urgent attention such as, but
not limited to, a decision to go on demonstration or sit-in;

ii. The Emergency Assembly shall be convened by the Executive arm


of SRC.
e) The General Assembly shall be the supreme decision making body of
UNIMASA in addition to being an informative and consultative forum;
f) The General Assembly shall have power on a vote of no confidence to
remove, with due regard to rules of natural justice, any member of the
SRC;
h) The General Assembly proceedings shall be regulated by the Speaker
assisted by his or her deputy.
i) The General Assembly shall pass resolutions by a simple majority
through a secret ballot provided that important decisions such as but
not limited to constitutional amendments shall be passed by two thirds
majority.
j) The Emergency Assembly shall pass resolutions by a simple majority of
the members present and voting.

Section 2: Students Representative Council


a) The Student Representative Council shall consist of the following
elected members;

1. The Executive
i. The President and his or her Vice;
ii. The General Secretary and his or her Vice;
iii. The Director of Finance
iv. The Director of Investments
v. One Post graduate student
vi) Special Attaché in the Office of the President responsible for Gender.
vii) Special Attaché in the Office of the President responsible for Persons
with Disability.
2. Directorates
i. The Director of Recreation and Culture and his or her Vice;
ii. The Director of Sports and his or her Vice;
iii. The Director of Academic Affairs,
iv. The Director of Students’ Welfare and his or her vice for residential
and non-residential students,
v. The Director of Environment, Safety and Health
vi. The Director of Foreign Affairs
vii. Two ordinary members;
viii. Any other portfolio proposed by any member of UNIMASA or SRC as
shall be approved by two-thirds of the Parliament.
b) The SRC shall initiate the policies of UNIMASA on their own motion or
on the motion of any other member of UNIMASA;
c) The SRC shall lay the policies before the Parliament for consultation
and approval, and thereafter it shall have the power to execute such
policies.
d) The SRC in consultation with the Director of Student Affairs shall
initiate the auditing process of the books of account of UNIMASA;
e) The SRC shall have power to make rules of conduct for its own
meetings;
f) The SRC shall provide minutes of all meetings of organs of UNIMASA,
which shall be posted on notice boards or all official platforms designated
by the SRC or the University within four days after such meetings;
g) The SRC shall have power to suspend a member of the SRC provided
that such suspension shall be brought to the attention of the Parliament where
the member(s) shall be heard. After which a General Assembly shall be
convened and his or her case shall be decided through voting by a secret ballot;
h) The SRC shall be responsible for the recruitment of the staff of
UNIMASA, and shall from time to time review their conditions of employment
subject to the Republic of Malawi Constitution and other Acts of Parliament;
i) The SRC shall have the power to set up ad hoc committees;
j) The SRC shall ensure that all debts owed by or to UNIMASA have been
settled before handling over the affairs of UNIMASA to a new SRC.

Section 3: Parliament
a) The Parliament shall be organised and chaired by the Speaker of the
UNIMASA on his/her motion or on the motion of any member of
Parliament at least once in every semester;
b) The Parliament shall comprise members of the SRC without voting
powers, one representative from each SRC registered organization, Hall
Representatives, a male and female representative from each year of
study in every faculty, and societies registered and affiliated to UNIMAS;
c) The Parliament shall have the power to invite other members and/or
concerned duty bearers to its forums and shall have the power to
summon any SRC executive member to parliament;
d) The Parliament shall have the mandate to:
(i.) discuss and propose issues affecting the general welfare of
students for adoption and implementation by the University Administration;
(ii.) Review the decisions of the SRC such as but not limited to
budget and where necessary present alternative views to the
General Assembly for a decision;
(iii.) To initiate investigations into allegations of misconduct of
members of the SRC and present their findings to the Student
Governance Court;

e) The Parliament shall adopt its own code of procedure.


f) The parliament shall through a majority vote, have the power to
appoint the speaker, deputy speaker and the clerk of parliament.
g) The clerk of parliament shall act as the secretary to the parliament.

Section 4: The Constitutional Tribunal


a) The Constitutional Tribunal shall consist of:
i. UNIMASA's Legal Advisor as chair person;
ii. The Speaker of UNIMASA;
iii. Four members elected by the Patron or Matron at least two of
whom shall be law students;
iv. One member of staff to be appointed by the foregoing members.
b) In case of any organ of UNIMASA failing to act as stipulated in this
Constitution, any member of UNIMASA may lodge a petition supported
by Ten percent members of UNIMASA to the Constitution Tribunal;
c) The Tribunal shall sit within seven days of receiving such a petition and
shall make a decision of which the General Assembly shall pass with a
simple majority.
h) Three-fifth of the members of the Tribunal shall form a quorum.
i) If a matter arises under Article 14 Section 2 (b) the speaker shall
recuse himself/herself from which the Chairperson shall have a
casting vote.
Section 5: The Care Taker Government
a) There shall be the Care Taker Government composed of;
i. Speaker of Parliament as Chairperson
ii. The Director of Student Affairs;
ii. The Patron/Matron
iii. The University Finance Officer;
iv. UNIMASA Legal Advisor;
v. Hall Representatives.
b) The Care Taker Government shall assume office in the absence of the
SRC by the operation of Article 11 (1) (a) or by any provision of
this Constitution and shall take up all responsibilities of the
SRC.

Article 8: Functions and Powers

Section 1: The Office of the President


a) The President shall be the Executive Head of UNIMASA with the
responsibility collectively with the rest of all SRC members for the
implementation of the decisions of UNIMASA:
b) The President shall be the official spokesperson of and representative of
UNIMASA;
c) The President shall preside over and conduct all meetings of the SRC;
d) The President shall, during SRC meetings, have a casting vote as well as
an original vote;
e) The President shall coordinate the working of the SRC and conform to
this Constitution and any policies of UNIMASA;
f) The President shall, in the absence of a member of SRC, delegate the
duties of the absentee to another member of the SRC, save when the
absentee is the Director of Finance, in consultation with the Director of
Student Affairs;
g) The President shall ensure that all offices attached to the Office of the
President perform their functions in accordance with this Constitution.
h) The President shall have the following emergency powers;
i. Call emergency meetings of the SRC;
ii. In consultation with the Director of Student Affairs, make emergency
decisions on behalf of UNIMASA.
h) The President shall handle and conduct all normal correspondence for
UNIMASA;
i) The President shall be assisted in the foregoing by his or her Vice.

Section 2: The Acting President


In the event of the President and or the Vice President having not delegated his
or her or their powers to any member of the Executive to act as President or
vice President, whichever the case may be, the remaining members of the
Executive shall appoint one from among themselves as Acting President,
provided such an Acting President shall act for not more than six weeks.

Section 3: The Office of the General Secretary


a) The General Secretary shall be the secretary to the SRC.
b) The General Secretary shall, in consultation with the President, call
meetings of the SRC, and prepare and circulate the agenda for the
meetings;
c) The General Secretary shall prepare and keep records and minutes of all
meetings of the SRC;
d) The General Secretary shall keep a register of all societies and
organisations and any information relevant thereto;
e) The General Secretary shall keep a register of and be responsible for all
the property of UNIMASA;
F) The General Secretary shall in assistance with the Director of Finance
and the respective directorates be in charge of the employed staff of
UNIMASA;
g) The General Secretary shall be assisted in the foregoing by his or her
Vice.

Section 4: The Office of the Director of Finance


a) The Director of Finance shall look after the financial interests of
UNIMASA;
b) The Director of Finance shall, be responsible for the collection of annual
subscriptions;
c) The Director of Finance shall keep UNIMASA funds and such books of
accounts as shall be required by auditors;
d) The Director of Finance shall submit a financial report to the SRC
meetings, where necessary, which shall be approved and presented at
the Parliament
e) The Director of Finance shall draw up the annual budget of UNIMASA
and advise the SRC and the Parliament on finances:
f) The Director of Finance shall be the sole officer in charge of all monies
Handled by UNIMASA and shall be solely responsible for such monies.

Section 5: The Director of Investments


a) The Director of Investments shall initiate fundraising activities with
the approval of the SRC;
b) The Director of Investments shall be responsible for the running and
control of UNIMASA cafeterias and Canteens;
c) The Director of Investments shall in liaison with the Director of
Foreign Affairs solicit for financial assistance from the entities outside
the University for Investment Purposes;
d) The Director of Investments shall present an annual report before the
Parliament on all the undertaking of his or her office
Section 6: Special Attaché in the Office of the President Responsible for
Gender
a) The Special Attaché to the Office of the President Responsible for Gender
shall assist the Office of the President to ensure that all Directorates and
entities in the University are gender sensitive in their programs and
activities.
b) The Special Attaché in the Office of the President Responsible for Gender
shall not initiate any programs or activities without the prior approval
from the Office of the President.
Section 6: Special Attaché in the Office of the President Responsible for
Persons with Disability.
a) The Special Attaché in the Office of the President Responsible for Persons
with Disability shall assist the Office of the President to ensure that all
Directorates and entities in the University are inclusive in their programs
and activities.
b) The Special Attaché in the Office of the President Responsible for Persons
with Disability shall not initiate any programs and activities without the
prior approval from the Office of the President.

Section 5: The Speaker


a) The Speaker shall preside over all meetings of the General assembly and
the Parliament;
b) The Speaker shall have authority to preserve order at such meetings;
c) The Speaker shall, subject to this Constitution and rules of procedure,
Ensure that members have reasonable opportunity to present their
views;
d) The Speaker shall have a casting vote only;
e) The Speaker shall forward decisions of the Assembly and the Parliament
to the secretary of the executive who shall inform all appropriate
quarters;
f) The Speaker shall exercise any other powers conferred upon him or her
by this constitution;
g) The Speaker shall be assisted in the foregoing, by his or her Deputy.

Section 6: The Director of Environment, Safety and Health


a) The Director of Environment, Safety and Health, shall ensure that
reasonable catering services are introduced and maintained in the
cafeteria;
b) The Director of Environment, Safety and Health shall receive and deal
with complaints about diet, hygiene and any other issues related to
Catering, Health and Sanitation;
c) The Director Environment, Safety and Health shall present to the
Parliament a written annual report;

Section 7: Director of Recreation and Culture


a) The Director of Recreation and Culture shall be responsible for
organizing regular entertainment and cultural activities for UNIMASA and shall
give financial account thereof at the end of each activity and semester to the
Treasurer-General;
b) Director of Recreation and Culture shall present to the Parliament a
written annual report of the activities organized under his office;
c) The Director of Recreation and Culture shall be assisted in the foregoing
by his or her Deputy.
Section 8: The Director of Foreign Affairs.
a) The Director of Foreign Affairs shall be responsible for the establishment
of linkages with other entities outside the university on matters of
importance both locally and internationally;
b) The Director of Foreign Affairs shall ensure that in the discharge of his or
her duties, issues of inclusiveness are seriously taken into consideration;
c) The Director of Foreign Affairs shall form committees to help him or her
discharge the duties of his or her office where necessary.
d) The Director of Foreign Affairs shall present to the Parliament a written
annual report of the activities organized under his office.

Section 9: The Director of Sports


a) The Director of Sports Shall be an official responsible for the
promotion of' sporting activities;
b) The Director of Sports Shall be the official representative of UNIMASA on
matters pertaining to sports;
c) The Director of Sports shall present to the Parliament a written
annual report of the activities of his or her office;
d) The Director of Sports Shall be assisted in the foregoing by his or her
Deputy.

Section 10: Director of Academic Affairs

a) Director of Academic Affairs shall be the Chairperson of the Academic


Affairs Committee;
b) Director of Academic Affairs shall be responsible for the academic welfare
of the students;
c) Director of Academic Affairs shall liaise with the Academic Registrar’s
office in respect of students' academic affairs;
d) Director of Academic Affairs shall present to the Parliament a written
annual report of the activities of his or her office;

Section 11: Director of Students Welfare


a. The Director of Students Welfare shall be responsible for dealing with
all issues concerning both residential and non-residential students;
b. The Director of Students Welfare shall be responsible for all other
issues concerning students that are not dealt with by any other offices
or directorates in the SRC;
c. The Director of Students Welfare shall also be responsible for
handling all matters of persons with disability.
d. The Director of Students Welfare shall also be responsible for
handling all Gender related issues.
e. The Director of Students Welfare shall present to the Parliament a
written annual report of the activities of his or her office.
Article 9: Student Governance Court
Section1. Functions
The Student Governance Court:
a) Is independent of the other student governance structures and
subject only to this constitution and its standing rules, which the
Court must apply impartially and without fear, favour or prejudice;
and
b) Presides over disciplinary matters lodged against student
structures and/or members of student structures who have
allegedly contravened any rule contained in the student
governance legislation or who are accused of misconduct in their
capacity as student leaders
Section 2: Composition
The Governance Court shall consist of:
a) Five students, of whom at least two students must be registered in the
Law Faculty, appointed by the Parliament in the third term; and
b) Assessor members who may be appointed for particular matters for their
expert knowledge and who do not have voting rights in determining the
outcome of the matter.
Once appointed to the Student Governance Court, members are ineligible to
stand for election in any other student governance structure or serve in any
leadership position in such structure.
Section 3: Chairperson of the Student Governance Court
The Student Governance Court must elect a chairperson from among
its members.
Section 4: Student Governance Court Term of Office
The Student Governance Court shall hold office for a period of one
year. Their term shall run concurrently with that of SRC members.
Section 5: Roles and Responsibilities
(i) The Student Governance Court must:
a) Act in a lawful, reasonable and procedurally fair manner;
b) Exercise all other powers, duties and functions as properly
entrusted or assigned to it as prescribed in its standing rules;
c) Protect the anonymity of a complainant where this is requested by
the complainant where this is requested by the complainant and it
is considered appropriate and feasible to do so; and
d) Receive any complaints, acknowledge complaints and deal with
complaints and\or conduct hearings expeditiously, and in the
manner prescribed in its standing rules.
ii). Complaints must be submitted to the Student Governance Court in writing
along with any evidence in support of the complaint.
iii). Should relevant new evidence come to light after the Student Governance
Court has made a decision, the matter may be reopened for consideration by
the Student Governance Court.
iv). An appeal against any decision of the Student Governance Court lies to the
University Student Disciplinary Tribunal.
Section 5: Amendments to the Student Governance Court Standing Rules
Amendments to the standing rules of Student Governance Court must
be submitted to the Constitutional Committee for approval.
Article 10: Elections

Section 1: UNIMASA Elections

a) Only Full Members of UNIMASA may vote and be elected into office
provided that final year students shall not be eligible to contest for any
position;
b) A student who has been convicted by any competent court of law for an
offence involving moral turpitude within a period of two years before the
elections shall not be eligible for candidature;
c) Any student who is on repeat shall not be elected into any office
d) All elections of UNIMASA shall be by secret ballot, simple majority, and
on the principle of one Person one vote;
e) Whenever there is a tie, the post shall be submitted to a further election
or elections until one candidate shall obtain a majority.
f) Only the candidates who have the tie and have the highest number of
votes shall contest in the subsequent elections;
g) Elections of the SRC and the Speaker shall take place in the sixth
week, and not later than the eighth week, after the beginning of each
academic year.

Section 2: Presidential Candidate


a) No member of UNIMASA who has not been a Full Member of UNIMASA
for at least two consecutive semesters shall be eligible to stand for election to
the office of the President;
b) Nominations for Presidential elections signed by candidates, proposed by
two hundred and fifty members of the electorate, shall be submitted in
writing to the Chairperson of the Electoral Commission on Nomination
Day;
c) All candidates to the Presidency shall have the privilege of addressing
student gatherings. The dates periods and venues of these addresses
shall be determined and published by the Electoral Commission.
d) A legally elected President or his or her vice, having assumed his or her
office but it is later discovered that he or she was previously convicted of
any crime involving moral turpitude, shall vacate his or her office
immediately upon such a discovery.

Section 3: The Electoral Commission


a) There shall be an Electoral Commission, whose chairperson referred to
as the Returning Officer, shall be responsible for supervising the elections;
b) The Returning Officer, a member of the academic staff, and members of
the Electoral Commission shall be appointed by the Director of Student
Affairs.
c) The out-going SRC and the Speaker shall not be eligible for
appointment to the Electoral Commission;
d) The Electoral Commission shall prepare its own rules of procedure;
e) The Electoral Commission shall have the power to disqualify a candidate
for any disciplinary misconduct in connection with the elections.
f) A disqualified candidate shall have a right of appeal within twenty-four
hours to the Director of Student Affairs who shall make a final
determination;
g) The Returning Officer, in consultation with the out-going Speaker, shall
announce the Nomination Day, campaign period and call for
nominations
of candidates at least 14 days before the polling day;
h) The Chairperson of the Electoral Commission shall announce the results
of the elections immediately after the count of votes, and shall cause the
same to be published not more than twenty-four hours after the count of
votes.
Section 4: By-elections
a) In the event of an elected office falling vacant, the Deputy, if available,
shall fill that office. Where there is no Deputy, one of the executive members
shall be elected by the SRC to fill the vacant office on a temporary basis within
14 days and thereafter elections shall be held.

Section 5: Swearing-in
a) The President-elect, the SRC and the Speaker shall be sworn in, in
that order by the Vice Chancellor of the University or his or her delegate;
b) The swearing in shall take place in public at least twenty-four hours
before the first meeting of the SRC;
c) The President-elect shall notify all members of UNIMASA of the ceremony
not later than three days before its occurrence;
d) All those taking oath shall swear to abide by this Constitution by citing
Appendix 1.

Article 11: Termination of Office


Section 1: Resignation
a) In the event necessitating collective resignation of the SRC, the
President shall tender the same to the General Assembly through the
Speaker;
b) If a member of the SRC wishes to resign, he or she shall tender a
written notification of the same to the President, giving at least a seven
days’ notice;

Section 2: Vote of No Confidence in the President and/or in the SRC

a) A vote of No Confidence in the President or SRC shall require a


Petition signed by at least one-fifth of the members of UNIMASA and
shall be submitted to the Speaker;
b) The speaker shall cause the list of the signatories to be displayed on
all official forums designated by the SRC within twenty-four hours of receipt;
c) After a twenty-four hour display of the signatories, the Speaker shall give
notice of a Parliament to take place within four days, to hear the
petition and the President and/or the SRC's defence;
d) The quorum for such a meeting shall be one-quarter of total
Membership. If no quorum is realized, the vote of no confidence shall be
deemed lost;
e) The findings of the Parliament shall thereafter be presented to the
General Assembly to initiate the vote by secret ballot within forty-eight
hours;
f) The vote of No Confidence shall be carried if at least seventy-eight
percent of the members of UNIMASA vote for it in the secret ballot;
g) In the event of Vote of no confidence being carried as provided in
subsection (f) of this section, the President and/or the SRC shall
instantly vacate their, his or her office(s) and new elections shall be held
within twenty-one days.

Section 3: Vote of No Confidence in the Speaker


a) A vote of No Confidence in the Speaker shall be moved after a petition
duly signed by at least twenty five percent of Full Members of UNIMASA and
shall be submitted to the office of the President or SRC of the UNIMASA or
Chairperson of the Care Taker Government in the absence of the SRC;
b) The petitioned office or authority shall publish the petition within
twenty-four hours, and shall chair the meeting to discuss the motion
within three days;
c) The quorum of the Care Taker Government shall be at least three-fifth of
all the members Of the Care Taker Government.
Article 12: Finances

Section 1: Collection of Revenues


a) The finances of UNIMASA shall consist of all monies carried forward from
the predecessors and all subscriptions, donations, accruals and profit
from lawful activity of UNIMASA;
b) Grants, donations, or any legal entitlements which shall be made to the
Treasurer General.

Section 2: Source of Revenue


The source of revenue shall be;
a) Subscriptions from members of UNIMASA;
i. All Full Members of UNIMASA shall pay a compulsory annual
subscription fee to be quantified by the SRC and approved by the
Parliament from time to time;
ii. The subscription shall be collected upon students' registration in a
Manner prescribed by the SRC and deposited in UNIMASA
account.
b) Fundraising activities;
c) Grants, donations, bequests, and trusts;
d) Interest and profit from the property and capital of UNIMASA;
e) Any legal entitlement to UNIMASA;
f) Registration of affiliate associations;
g) Any other source approved by the SRC.

Section 3: Budget Formulation


a) At the second meeting of UNIMASA after elections, respective Directors
shall prepare and present to the SRC, through the Director of Finance
budget estimates for their directorates for the whole academic year;
b) At the third meeting of UNIMASA after elections, the Director of Finance
shall lay before the SRC estimates of the budget of UNIMASA for the
whole academic year;
c) The SRC shall engage/consult Parliament over the budget after which
the SRC shall consolidate and approve the budget and present it to the
administration.

Section 4: expenditure authorization and financial supervision


a) The funds of UNIMASA shall be kept in a bank account under the
guidance of Director of Students Affairs;
b) The Treasurer-General shall keep up-to-date accounts indicating all the
income and expenditure of UNIMASA;
c) The Director of Finance shall deposit the cash and cheques with the
bank and shall not keep an amount of cash, more than that authorized by the
SRC for days specified by the SRC:
e) The Executive shall also limit the time duration and amount of cash an
SRC Member shall have in his or her custody for purposes of UNIMASA;
f) All financial transactions shall be made in the name of UNIMASA;
g) The Director of Finance shall receive and keep all receipts or written
evidence certifying all expenditure of UNIMASA;
h) The Director of Finance shall issue receipts for all monies received by
him in the name of UNIMASA;
i) The Director of Finance shall submit monthly financial reports, endorsed
by the SRC, to the Director of Student Affairs;
j) The SRC shall present a financial statement of UNIMASA, signed by the
Director of Finance and the President and shall cause the same to be
published to all members of UNIMASA at the end of the first semester
and another at the end of the tenure of office.

Section 5: Auditing
The Director of Student Affairs shall facilitate the auditing of the financial
statements of UNIMASA. Where fraud or mismanagement is detected, those
responsible shall be subjected to a Disciplinary Hearing according to the
University Rules.

Article 13: Societies

Section 1. Registration and Affiliation


a) All students' organizations shall be registered and affiliated to UNIMASA
upon application to the office of the General Secretary provided that,
i. All its members are members of UNIMASA;
ii. Its membership is not limited by any discriminatory
considerations:
iii. Its aims and objectives are in line with the aims and aspirations of
UNIMASA contained in this Constitution, any other policy of
UNIMASA and University rules;
b) Successful registration and affiliation shall entitle an organization to
financial or other assistance on application to the Director of Finance
and the President upon approval of the Director of Student Affairs;
c) A registered and affiliated organization shall have representation in the
Parliament and any other forums;
d) Where the office of the General Secretary declines to register any
organization for provided reasons, the organization shall have the right of
appeal to the Director of Student Affairs whose decision shall be final.

Article 14: Constitutional Amendments

Section l: Amendments
a) Any member of UNIMASA upon securing twenty percent of signatures of
full members may propose Constitutional Changes in writing to the
Speaker;
b) The Speaker shall convene a General Assembly within seven days where
he or she shall lay the proposed changes to the General Assembly in
consultation with the leaders’ forum;
c) The General Assembly shall cast a vote for the proposed amendments by
a secret ballot;
d) Where changes are effected, they shall not take legal effect until approved
by the Vice Chancellor in consultation with the Director of Student
Affairs;
e) The approved changes shall then be embodied in the amended
Constitution and the same shall be publicized by the Publicity office.

Section 2: Interpretation
a) The power to interpret the Constitution shall vest primarily in the
Speaker in consultation with the legal advisor and it shall be final
provided his or her interpretation is not challenged by at least two thirds
of the members present and voting;
b) In the case of the Speaker's interpretation being successfully challenged,
an ad hoc meeting of the Constitutional Tribunal shall be convened and
shall give its interpretation, which shall be final.

Article 15: Breach of the Constitution


Any person or group of persons breaching this Constitution materially shall be
subject to Disciplinary Hearing according to the University Rules.

Appendix 1: Swearing-in Citation


(a) The President
“I ...... swear (affirm) that I shall discharge my duties as President of
University of Malawi Students’ Association with all honesty and to the
best of my ability, abiding fully by the Constitution of the University of
Malawi Students Association. (So help me God)."
(b) The Student Representative Council
Citation as per Appendix l (a), substituting respective offices.
(c) The Speaker
Citation as per Appendix l (a), substituting respective offices.

Appendix 2: Supremacy
This Constitution in so far as rules and policies made by the student body are
concerned, shall be the supreme law governing UNIMASA and any other such
rules and policies which are inconsistent with the provisions of this
constitution shall, to the extent of such inconsistency, be invalid.

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