THE UNIVERSITY OF KWAZULU-NATAL SRC CONSTITUTION

THE UNIVERSITY OF KWAZULU-NATAL SRC CONSTITUTION



PREAMBLE

The students of the UNIVERSITY OF KWAZULU-NATAL emerging from diverse cultural, religious, political and economic backgrounds, conscious of the historical disparities within the African continent in general and South Africa in particular, committed to unite and build a non-racial, non-sexist and democratic society, recognizing the central role played by students in serving their community, determined to instill and nurture a culture of learning, research, tolerance and understanding and critical thinking, conscious of their civil duty as the student community and members of society as a whole, make the statement that:-

A The Students' Representative Council and its component parts of the University of KwaZulu-Natal, acting as the primary student governing body on all issues of student governance will at all times strive to:-
Promote principles that embrace the notions of democratic practice, representation and consensus building in all student structures;
Achieve social redress and increased access;
Embrace the vision, mission and strategic plan of the UNIVERSITY OF KWAZULU-NATAL through, among other things, the development of plans and goals by the Student Representative Council;
Embrace the code of conduct of the University, and the values of the institution;
Affirm the principle of linguistic plurality;
Respect differences that arise due to socio-economic status, race and gender;
Uphold principles of transparency, accountability, responsiveness and broad participation of the student community
Promote and protect the principles entrenched in the Bill of Rights, Chapter 2 of the Constitution of the Republic of South Africa; and

B The Students’ Representative Council and its component parts is committed to exemplary student leadership and aims to encourage academic excellence, promote equality of opportunities through efficient and transparent student governance.


DEFINITIONS

In this Constitution any word or expression to which a meaning has been assigned by the Higher Education Act, 1997 (Act No. 101 of 1997), as amended, has the meaning so assigned to it, and unless the context otherwise indicates:

"Act" means the Higher Education Act, 1997 (Act No. 101 of 1997), as amended;
“Campus“ shall mean one of the campuses of the University i.e. the Pietermaritzburg campus, the Howard College campus, the Westville campus, the Edgewood Campus and the Medical School Campus referred to in clause 1.2;
"Council" means the governing body of the University;
"Central Students Representative Council" means the student’s representative body referred to in clause 1.4 and the abbreviation CSRC shall have the same meaning;
"Days" includes Saturdays, Sundays and public holidays;
“Deputy Dean of Students” shall mean the member of staff responsible for the welfare of students on a campus, reporting to the Executive Dean (Students);
"Employee" means any person employed by the University;
"Employer" means the council of the University;
“Executive Dean (Students)” shall mean the member of the University Executive Management team responsible for the student portfolio;
“Ex-officio” shall mean by virtue of his/her office;
“Faculty Committee” shall mean a duly constituted student committee set up to represent the interests of students in a particular faculty;
"Functions" include powers and duties and vice versa;
“General Meeting” shall mean a meeting to which all the students on a campus are invited by a LSRC as contemplated in clause 12.4;
"Institutional forum" means the institutional forum contemplated in section 31 of the Act;
"Local Student Representative Council" means the students representative body referred to in clause 1.3 and the abbreviation LSRC shall have the same meaning;
“Members” shall mean full members of the CSRC, or the LSRCs either as elected or appointed ex officio;
"Minister" means the Minister of Education;
"Month" means calendar month;
“Ordinary Meeting“ shall be a formal scheduled meeting of a LSRC, or of the CSRC as contemplated in clause 12.1;
“Recognized Student Organization” shall mean a student organization which has met the criteria set by a LSRC for recognition as contemplated in clause 13;
"Schedule A" means the schedule attached to this Constitution containing the electoral policy for the University of KwaZulu-Natal CSRC and LSRCs;
"Semester" means an academic period at the University constituting either the first or second half of a calendar year as determined by the University's sessional dates;
"Senate" means the University body responsible for academic matters contemplated in the Act;
"SRC disciplinary committee" means a student disciplinary committee established by either a CSRC or LSRC;
"Student" means a person registered for a qualification at the University;
“Student Development Officer“ shall mean a staff member within the Division of Student Services at the University, responsible for the portfolio of student development
“Student Governance Officer” shall mean a staff member responsible for student governance affairs;
“Student Organization” shall mean any student society, club or association set up on a campus of the University, other than sports clubs;
"Student Representative Council" in its broad sense shall mean the students representative body as contemplated in Section 35 of the Act. In this Constitution the abbreviation SRC shall have the same meaning;
“UKZN” shall be an abbreviation of University of KwaZulu-Natal;
"University" means the University of KwaZulu-Natal;
“Year “shall mean the University academic year as defined by the University’s Sessional Dates


1 APPLICATION
1.1 This Constitution applies to the SRCs provided for at the University.
1.2 The University currently consists of five campuses, namely, the Howard College Campus, the Westville Campus, the Medical School Campus, the Edgewood Campus and the Pietermaritzburg Campus.
1.3 Each Campus shall have its own SRC which shall be referred to as a Local Students Representative Council (hereinafter referred to as a "LSRC").
1.4 The University as a whole shall have a Central Students Representative Council (hereinafter referred to as the "CSRC").
1.5 The CSRC and LSRCs shall have the powers and functions as set out hereunder.
1.6 In the event of there being any conflict, contradiction, and/or uncertainty as to the powers and functions of any of the SRC's the CSRC shall assume that power and/or function.
2 OBJECTIVES OF THE SRC The aims and objectives of the SRC are:
2.1 To represent students in all University matters affecting them both as individuals and as a body, and to serve the student body;
2.2 To fight for student rights, by striving for a just standard of general welfare and services for all students, regardless of race, colour, creed and sex;
2.3 To facilitate communication between students and other stakeholders within the University, and the higher education sector;
2.4 To promote, by example and leadership, a culture of democracy and tolerance within the University community;
2.5 To work towards a national education system that will instill in students a sense of unity, responsibility and patriotism;
2.6 To support students and student structures by creating forums to achieve common goals, to perform such actions as necessary to achieve these goals, and to assist in resolving disputes among students and within the various components of student governance;
2.7 To support the development of good student governance, by encouraging participation in, and co-operation between, the various student structures.
3 HOLDING OFFICE IN AN SRC
Any student who has been registered at the University for at least one semester is entitled to be elected and/or appointed to an SRC or any of its constituent structures.
4 VOTING FOR SRC'S
4.1 Each registered student shall have the right to cast one vote for an individual standing for election to a LSRC, and one vote for a student organization contesting a LSRC election on his/her campus, and one vote for a student organization contesting the CSRC elections.
4.2 The election procedures for the CSRC and LSRC shall be in accordance with the provisions of schedule A.
4.3 The student organizations recognized in accordance with the provisions of clause 13 on a campus may contest the LSRC elections for that campus, as may individual registered students.
4.4 Student organizations recognized in accordance with the provisions of clause 13 on at least three campuses of the University may contest CSRC elections in the University.
4.5 Student organizations contesting elections shall submit ranked candidate lists of eligible students in accordance with the provisions of schedule A.
4.6 Seats on the respective SRC's shall be allocated to the successful student organizations in accordance with the provisions of clause 16 of schedule A and in accordance with the ranking recorded in their lists of candidates.
5 COMPOSITION OF SRCs
5.1 CSRC
5.1.1 The CSRC comprises of the five presidents of the LSRCs (ex officio) and ten elected members. The elected members shall be elected in accordance with the provisions of Schedule A.
5.1.2 The CSRC shall appoint, in accordance with clause 17 of schedule A, from its elected members persons who shall hold the following portfolios (for further details see Schedule B) :-
5.1.2.1 President
5.1.2.2 Deputy President
5.1.2.3 Secretary General
5.1.2.4 Finances and Projects Officer
5.1.2.5 Transformation and Academic Officer
5.1.2.6 Community Development Officer
5.1.2.7 International and Marketing Officer
5.1.2.8 Student Services Officer
5.1.2.9 Residence Liaison Officer
5.1.2.10 Sports, Arts and Culture Officer
5.1.3 All fifteen members of the CSRC shall have full voting rights but the ex officio members are not eligible to hold any of the ten portfolios on the CSRC.
5.2 LSRCs
5.2.1 The LSRC comprises ten members; five representing student organizations who contest the elections, and five members who contest the elections as individuals. The members shall be elected in accordance with the provisions of Schedule A hereto.
5.2.2 The LSRC shall appoint, in accordance with clause 17 of schedule A, from its members persons who shall hold the following portfolios (for further details see Schedule C):-
5.2.2.1 President
5.2.2.2 Deputy President
5.2.2.3 Secretary General
5.2.2.4 Finances and Projects Officer
5.2.2.5 Transformation and Academic Officer
5.2.2.6 Community Development Officer
5.2.2.7 International and Marketing Officer
5.2.2.8 Student Services Officer
5.2.2.9 Residence Liaison Officer
5.2.2.10 Sports, Arts and Culture Officer
6 SRC TERMS OF OFFICE
6.1 The term of office of both the CSRC and LSRCs members shall be twelve months.
6.2 No individual member may serve on the CSRC or LSRC for more than two terms whether consecutively or separately.
7 FUNCTIONS AND RESPONSIBILITIES OF THE SRC
7.1 As a general rule and subject to clause 2 above, students are represented on University-wide matters, and in the formulation of University-wide student policy and procedures by the CSRC, and on matters relating to specific campuses by the LSRCs.
7.2 The responsibilities of the CSRC include:-
7.2.1 Liaison with the Council, the Senate, other tertiary institutions, students’ representative councils of other tertiary institutions, national or international student organizations, unions and news media, the Executive Dean (Students) and other senior University management and the general public;
7.2.2 Representing the students of the University on the Council, senate, institutional forum, and other University-wide structures of governance at the University;
7.2.3 The co-ordination and supervision of the use of facilities placed under the jurisdiction of the CSRC;
7.2.4 The establishment of a Disciplinary Committee to discipline members guilty of transgressing the CSRC code of conduct for members;
7.2.5 Accounting for funds provided to the CSRC by the University, by producing and adhering to an annual budget, and by complying with all University financial regulations;
7.2.6 The recommendation to Council of rules to determine the conduct of CSRC and LSRC affairs;
7.2.7 The recommendation to Council of amendments to the SRC Constitution;
7.2.8 The reporting back to students on the activities of the CSRC by means of meetings, posters, newsletters or other appropriate media, and the publication each quarter of the state of the CSRC budget;
7.2.9 Any additional functions and responsibilities delegated to the CSRC by Council or the University management;
7.2.10 The delegation of functions and responsibilities to the LSRCs;
7.2.11 Implementation of the objectives set out in clause 2 above in respect of the University as a whole;
7.2.12 The formation of such standing committees and sub-committees as it considers necessary to fulfill its functions, and the approval of the constitutions of such bodies;
7.2.13 The determination of the conduct of its business during vacations of the University.
7.3 The responsibilities of the LSRC include:-
7.3.1 In its capacity as the umbrella organization for all student organizations on a campus the overseeing of all student organizations, including the granting or withdrawing of recognition of such student organizations on that campus;
7.3.2 The co-ordination and supervision of the use of facilities placed under the jurisdiction of the LSRC, and where appropriate the provision of services for students;
7.3.3 The convening and conducting of all authorized meetings of the general student body on a campus, and the managing of all general referenda organized by the students on a campus;
7.3.4 The establishment of a Disciplinary Committee to discipline members guilty of transgressing the LSRC code of conduct for members;
7.3.5 The organization and promotion of extramural and social activities for students on a campus;
7.3.6 Accounting for funds provided to the LSRC by the CSRC, by producing and adhering to an annual budget, and by complying with all University financial regulations, and making grants to recognized student organizations and affiliated student structures.
7.3.7 The responsibility for the preservation of order at student campus functions, and the ensuring of good conduct at other approved campus meetings of students;
7.3.8 The co-ordination of student involvement in all community projects initiated by the LSRC;
7.3.9 The reporting back to students on the activities of the LSRC by means of meetings, posters, newsletters or other appropriate media, and the publication each quarter of the state of the LSRC budget;
7.3.10 Liaising on behalf of student(s) on campus with academic staff and faculty administrative staff, the Deputy Dean of Students for the campus, campus administration staff and students services support staff ;
7.3.11 Any additional functions and responsibilities delegated by the CSRC;
7.3.12 Implementation of the objectives set out in clause 2 above in respect of its campus;
7.3.13 The formation of such standing committees and sub-committees as it considers necessary to fulfill its functions;
7.3.14 The determination of the conduct of its business during vacations of the University.
8 TERMINATION OF SRC MEMBERSHIP

A member of the CSRC and a LSRC shall cease to hold office if and when:-
8.1 He/she ceases to be a registered student of the University;
8.2 He/she tenders his/her resignation in writing and such resignation is accepted by the CSRC or a LSRC as the case may be;
8.3 He/she has had two motions of censure passed on him/her during a single term of office by the CSRC or a LSRC for one or more of the following reasons:-
8.3.1 Failure to attend three consecutive meetings of the CSRC or LSRC as the case may be, or a related student committee on which the member serves in his/her capacity as an SRC member, without an acceptable written reason;
8.3.2 Failure, without a reasonable explanation that is acceptable to the CSRC or LSRC as the case may be, to carry out such duties as may be entrusted to him/her;
8.3.3 Bringing the name of the CSRC or LSRC into disrepute by being found guilty of an offence by the University disciplinary structures and/or an SRC disciplinary committee.
8.4 He/she is replaced by his/her student organization (see clause 9).
9 REPLACEMENT OF MEMBERS OF AN SRC
9.1 Student organizations represented on the CSRC or a LSRC shall have the right to replace one or more of their representatives, provided that such replacements may not be made within the first three months of the term of office of the SRC.
9.2 Recalled member(s) must be replaced, unless a students organization withdraws entirely from participation in the CSRC or a LSRC, in which event the students organization will be replaced by another after a recalculation of the results of voting in the elections (see schedule A).
9.3 Student organizations opting to exercise the right of replacement are required to inform the CSRC or a LSRC, and the student governance office, of its decisions in writing, providing sound reasons why the recall is being made, and providing a timeframe for the replacement.
9.4 The recalled member(s) must be replaced by the student organization holding the seat(s), provided that the replacement members must be drawn (in rank order) from the student organization’s original candidate list submitted at the time of the elections. In the event that a student organization has no further eligible candidates, the seat shall be forfeited.
9.5 The recalling and replacement of members must be done in a manner that does not impede or disturb the functioning and smooth running of the CSRC or a LSRC.
10 RESHUFFLING OF PORTFOLIOS OF AN SRC
10.1 Following the replacement of members for whatever reasons it may be necessary to reshuffle portfolios. Such reshuffling is at the discretion of the SRC concerned.
10.2 The CSRC or LSRC must inform the student governance office of the intention to reshuffle portfolios, and a student governance officer shall preside over the process.
11 PRIVILEGES OF SRC MEMBERS
The privileges of members of the CSRC and LSRCs as the case may be are as determined by Council on an annual basis.

12 MEETINGS OF CSRC AND LSRCs
12.1 Ordinary Meetings of the CSRC and LSRCs: Ordinary meetings of the CSRC and LSRCs shall be held at least once every two weeks. A quorum of five members is required for LSRC ordinary meetings (provided that two of the following office bearers are present: the President, Deputy President, Secretary General or Finances and Projects Officer). A quorum of eight members is required for a CSRC ordinary meeting. Minutes shall be taken of all CSRC and LSRC meetings, and the approved minutes placed on a public student notice board. Decisions taken at ordinary meetings of the CSRC and the LSRCs shall require a simple majority vote.
12.2 Annual General Meetings of the LSRCs : Each LSRC shall be obliged to convene an AGM at least three weeks prior to the commencement of the SRC Elections period. The details of the meeting, including the date, venue and agenda, shall be published on student notice boards and via the UKZN LAN notice system at least two weeks prior to the meeting. The AGM's are open to all registered students. Decisions taken at AGM’s of the LSRCs shall require a simple majority vote.
12.3 Annual General Meeting of the CSRC : The CSRC shall be obliged to convene an annual general meeting least two weeks prior to the commencement of the SRC Elections period. The details of the meeting, including the date, venue(s) and agenda, shall be published on student notice boards and via the UKZN LAN notice system at least two weeks prior to the meeting. The CSRC AGM, to be known as the Institutional Student Congress (ISC), is open to all registered students. Any proposed amendments to the SRC Constitution are to be published as part of the agenda of the ISC. Decisions taken at the ISC shall require a simple majority vote, with the exception of proposed amendments to the SRC Constitution which require a two-thirds majority.
12.4 General Meetings of the LSRCs: Each LSRC shall convene a general meeting of students on its campus at least once a semester. The details of the meeting, including the date, venue and agenda, shall be published on student notice boards and via the UKZN LAN notice system at least two weeks prior to the holding of the meeting.
12.5 Special General Meetings of the CSRC or an LSRC: The CSRC, or a LSRC, shall be obliged to convene a special general meeting if petitioned to do so in writing by 1000 or more registered students placing their signatures on such a petition. Notice of such a meeting, including the date, venue and agenda, shall be published on student notice boards and via the UKZN LAN notice system at least five days prior to the holding of such a meeting.

13 RECOGNITION OF STUDENT ORGANIZATIONS
13.1 Recognition
13.1.1 Applications for recognition shall be made using forms prescribed by the applicable LSRC to the LSRC concerned, after having obtained fifty signatures from registered students in support of the formation of the organization, and six signatures from students willing to serve on a founding committee of the proposed organization.
13.1.2 The application should include the intended aims and objectives of the organization together with:-
13.1.2.1 reasons why no other existing recognized student organization on the campus in question can fulfill its aims and objectives;
13.1.2.2 an action plan and programme;
13.1.2.3 a budget request.
13.1.3 The proposed student organization must also submit a copy of its draft constitution, and its vision and mission statements.
13.1.4 Following the submission of the application and the required documents, the student organization applying for recognition shall be required to organize a meeting of the student organization to be attended by a member of the LSRC, and to submit a record of the proceedings of that meeting together with an attendance list.
13.1.5 The LSRC Secretary General will then make a recommendation on the recognition of the student organization to an ordinary meeting of the LSRC. If recognition is granted, the student organization will be notified in writing within seven working days of the meeting, and will then be free to formally recruit members in its name, and to commence activities with the support and backing of the LSRC.
13.1.6 If an application by an organization is rejected, full reasons for the rejection shall be supplied (in writing) to the applicants by the LSRC, no later than seven working days after the LSRC meeting at which the application is considered.
13.1.7 In the event of an application being rejected, the applicants have the right to submit an appeal, together with the written notice of rejection by the LSRC, to a recognition appeals committee.
13.1.8 The constitution of the recognition appeals committee (RAC) shall be the Executive Dean (Students) (convener), the Secretary General of the CSRC, the Deputy Dean of Students for the campus concerned, and a member of the Faculty of Law nominated by the Dean of the Faculty of Law. The decision of the RAC shall be final. The authority of the RAC shall be limited to the issue of recognition of the organization.
13.2 Withdrawal of the recognition
13.2.1 The LSRCs shall have the right to withdraw recognition of student organizations, provided that the procedure set out in clauses 13.2.2 to 13.2.5 is followed.
13.2.2 The LSRC must give the student organization written notice of its intention to withdraw recognition, stating in full the reasons for the intended action.
13.2.3 The LSRC must give the student organization three months in which to remedy the problems identified by the LSRC as set out in clause 13.2.2 above. The student organization must report in writing within the stipulated period the remedial steps it has taken.
13.2.4 If the LSRC is not satisfied with the remedial steps taken it shall notify the student organization in writing accordingly setting out its reasons for its decisions and withdrawing recognition of the student organization.
13.2.5 The student organization that has had its recognition withdrawn has the right to lodge an appeal within seven days of receipt of the notice referred to in clause 13.2.4 above to the RAC (as defined in clause 13.1.8 above). The withdrawal of recognition shall be suspended while the appeal is being considered, and the decision of the RAC shall be final.
14 AMENDMENTS
14.1 All proposed amendments to the SRC Constitution shall be forwarded to the CSRC in writing for consideration at the annual general meeting of the CSRC, or a special general meeting called by the CSRC for that purpose. Approval of amendments to the constitution at the annual general meeting, or a special general meeting shall require a two-thirds majority.
14.2 Amendments to the SRC Constitution shall require approval by the Council.