Professional Documents
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CONSTITUTION
ARRANGEMENT OF SECTIONS
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
Article 2: Patron/Matron
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:
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;
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 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.
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.
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.
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.