THE NELSON MANDELA
AFRICAN INSTITUTION OF SCIENCE
AND TECHNOLOGY
STUDENTS’ ORGANIZATION
CONSTITUTION
2012
Made Under Section 49 of Act No. 7 of 2005
THE NELSON MANDELA AFRICAN INSTITUTION OF SCIENCE AND
TECHNOLOGY
STUDENTS’ ORGANIZATION [NM-AIST-SO] CONSTITUTION
ARRANGEMENT OF ARTICLES
Articles
Short Title
PREAMBLE
CHAPTER ONE
THE ORGANIZATION, INTERPRETATIONS AND MEMBERSHIP
PART ONE
THE ORGANIZATION AND INTERPRETATIONS
1.
Name and Headquarters
2.
Definition of terms
3.
Official Language of the Organization
4.
Status
PART TWO
OBJECTIVES AND FUNCTIONS OF THE ORGANIZATION
5.
Objectives of the Organization
6.
Functions of the Organization
PART THREE
MEMBERSHIP, RIGHTS AND OBLIGATIONS OF THE MEMBERS
7.
Membership of the Organization
8.
Rights of Members of the Organization
9.
Obligations of Members
CHAPTER TWO
ORGANS OF THE ORGANIZATION
PART ONE
ORGANS OF THE ORGANIZATION
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10.
Organs of the Organization
PART TWO
STUDENTS’ BARAZA
11.
Students Baraza
PART THREE
STUDENTS’ REPRESENTATIVE COUNCIL
12.
The Students Representative Council (SRC)
13.
The Authority of the SRC
14.
Secretariat to the SRC
15.
Function of the Secretariat
16.
Tenure of office of the Secretariat
PART FOUR
THE CABINET
17.
The Cabinet
PART FIVE
THE ARBITRATION BOARD
18.
The Arbitration Board
19.
Chairperson and Secretary to the Board
20.
Tenure of office of the Board
21.
Powers of the Arbitration Board
22.
Conduct and Behaviour of members
PART SIX
HOSTEL ASSEMBLY
23.
Hostel Students Assembly
PART SEVEN
SCHOOL/DEPARTMENTAL ASSEMBLY
24.
School/Departmental Assembly
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CHAPTER THREE
OFFICE BEAREARS
PART ONE
PRESIDENT
25.
The president
26.
The Authority of the President
27.
Tenure of office of the President
28.
Impeachment of the President
PART TWO
THE VICE PRESIDENT
29.
The Vice President
30.
Tenure of office of the Vice President
31.
Impeachment of the Vice President
PART THREE
THE PRIME MINISTER
32.
The Prime Minister
33.
Function and Powers of the Prime Minister
34.
The Vote of no confidence
PART FOUR
MINISTERS AND DEPUTY MINISTERS
35.
Ministers and Deputy Ministers
PART FIVE
THE SPEAKER
36.
The Speaker
37.
Tenure of office of the Speaker
PART SIX
DEPUTY SPEAKER
38.
Deputy Speaker
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CHAPTER FOUR
FINANCIAL MATTERS
39.
Financial Matters
40.
Remuneration and Allowances
CHAPTER FIVE
ELECTION
41.
Election
42.
Minimum qualification of the Contestants
CHAPTER SIX
MISCELLENEOUS PROVISIONS
43.
Powers to Make Rules
44.
Constitution Amendment
45.
Organization Records
46.
Saving Provisions
47.
Power to Enter into Contract.
48.
Title, Commencement and Application of this Constitution
Adoption
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PREAMBLE
WHEREAS WE, the students of the Nelson Mandela African Institution of Science and
Technology (NM-AIST) understand and believe that the institute plays its role under the
Universities Act No7 of 2005 which govern the establishment of the Nelson Mandela African
Institution of Science and Technology and that naturally this makes the institution serve the
nation in its own unique environment and system:
WHEREAS WE, the students understand and believe that Act No 7 of 2005 provided under
section 49 for the establishment of an organization of the students:
WHEREAS WE, the students understand and believe that only a diligent students’ organization
run democratically by the Students who will be completely responsible to students themselves
and hence serve their interests to its best level:
AND WHEREAS history has shown students that an autonomous students’ organization will
improve to a greater extent, a cordial relationship based on mutual understanding between the
students, the NM-AIST administration, the community of other learning institutions and their
organizations, the industry and society inside and outside Tanzania:
NOW, THEREFORE, we members of the Students Representative Council (SRC), noting that
the SRC Constitutional Committee was established to represent us in preparing the draft of the
constitution; do here-by, in and through this Students Representative Council sitting as the
Special Constituent Assembly, solemnly adopt, enact and give to ourselves and our prosperity
this constitution of the Nelson Mandela African Institution of Science and Technology –
Students’ Organization of 2012 on behalf of all the organization members, for the purpose of
giving effect to the above interests and beliefs.
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CHAPTER ONE
THE ORGANIZATION, INTERPRETATIONS AND MEMBERSHIP
PART ONE
THE ORGANIZATION AND INTERPRETATIONS
Article 1
1) The name of the organization shall be the “Nelson Mandela African Institution of Science
and Technology - Students Organization” herein after referred as NM-AIST-SO.
2) The headquarters of the organization shall be at the Nelson Mandela African Institution of
Science and Technology, main campus.
Article 2
In this constitution unless the context requires otherwise:
“Affiliation”- means the students organization established under Article 25 of the Nelson
Mandela African Institution of Science and Technology Charter, 2012;
“Arbitration Board”- the committee constituted under article 22 of this constitution;
“Assembly”- means meeting of students of a particular school/department/hostel;
“Baraza”- means general meeting of all students of the Nelson Mandela African Institution of
Science and Technology, convened with the approval of the Vice Chancellor;
“By Election”- means elections which are conducted to cover the vacant posts apart from the
general elections which are held once in every academic year;
“Cabinet”- means the cabinet of the Nelson Mandela African Institution of Science and
Technology – Students’ Organization;
“Campus”- means and includes all campuses of the Nelson Mandela African Institution of
Science and Technology;
“Charter”- means the Nelson Mandela African Institution of Science and Technology, Charter,
2012;
“Class”- means students of the same degree programme as established by the Institute;
“Class Representative”- means the Chairperson or Assistant Chairperson elected by the students
of each class as a representative;
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“Dean of Students”- means the dean appointed under article 48 of the Nelson Mandela African
Institution of Science and Technology Charter, 2012;
“Extra Ordinary Meeting”- means any meeting other than Ordinary Meeting;
“Government”- means government of the Nelson Mandela African Institution of Science and
Technology- Students’ Organization;
“Hostel”- means either Master students’ residence or PhD students’ residence;
“Hostel Assembly”- means the assembly composed of all the Hostel members led by the Hostel
Chairperson;
“Hostel Representative”- means the Hostel Chairperson or Secretary elected by each Hostel as
their representative;
“Member”- means the member of Nelson Mandela African Institution of Science and
Technology – Students’ Organization (NM-AIST-SO);
“Minister”- means a minister and a deputy minister of the organization NM-AIST-SO;
“Ordinary Decision”- means any decision which shall be supported by a simple majority in NMAIST-SO organs meetings;
“Ordinary Resolution”- means other resolution which shall be supported by a simple majority;
“Organization”- means the Nelson Mandela African Institution of Science and TechnologyStudents Organization (NM-AIST-SO) established under article 25 of the Nelson
Mandela African Institution of Science and Technology Charter, 2012;
“President”- means the President of the Nelson Mandela African Institution of Science and
Technology- Students’ Organization (NM-AIST-SO) to all campuses of the institution;
“Prime Minister”- means the Prime Minister of the Nelson Mandela African Institution of
Science and Technology- Students’ Organization (NM-AIST-SO) to all campuses of the
institution;
“Rules”- means rules made by the Students Representative Council (SRC) under the provisions
of this constitution;
“School/Department”- means a School/Department of the Institution established under the
University Charter, 2012;
“School/Departmental Assembly”- means the assembly of all School/Department members led
by the School/Department Representative;
“School/Department Representative”- means the student who will represent other students of the
respective school/department to school/department board and any other meetings in the
school/department level;
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“Secretariat”- means the SRC secretariat established under article 18 of this constitution;
“Speaker”- means the person who shall chair and preside over the meetings of the SRC and shall
be elected as provided for in this constitution;
“Special Decisions”- means decisions reached on and supported by two thirds of the members of
NM-AIST-SO organs physically present and voting on impeachment, boycott, strikes and
constitution amendments;
“Special Resolutions”- means resolution of the students Baraza which is supported by two thirds
of the members physically present and voting;
“Special SRC”- means the SRC established under Article 43 of this constitution which is vested
with powers and duties to deal with the enacting and amendments of the constitution;
“Status”- means the status of NM-AIST-SO as described under this constitution;
“Student”- means any person admitted to the Nelson Mandela African Institution of Science and
Technology as candidate for any award of the Institution and studying under any of its
programmes;
“Students’ Organization”- means an Organization approved by the Council as being an
organization representative of the students of the Nelson Mandela African Institution of
Science and Technology as established under Article 25 of the Nelson Mandela African
Institution of Science and Technology Charter, 2012;
“Students Representative Council” – means the Students’ organ as established in Article 12 of
this constitution;
“The Institution”- means the Nelson Mandela African Institution of Science and Technology as
established under Article 3 of the Nelson Mandela African Institution of Science and
Technology Charter, 2012;
“Vice President”- means the Vice President of Nelson Mandela African Institution of Science
and Technology- Students’ Organization (NM-AIST-SO) in every Campus of the
Institution.
Words, phrases, expressions and other grammatical signs not expressly defined herein shall be
given an ordinary interpretation assigned to them depending on context, and technical or legal
expressions shall be given their technical or statutory meaning as the technical or legal practice
allows.
Article 3
The official language of NM-AIST-SO shall be English.
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Article 4
The status of the Organization shall be a Students’ Organization at the Nelson Mandela African
Institution of Science and Technology as established and recognised by the Universities Act No
7 of 2005.
PART TWO
OBJECTIVES AND FUNCTIONS OF THE ORGANIZATION
Article 5
The objectives of NM-AIST-SO shall be:1) To promote and maintain students’ interests during their tenure at the Institution;
2) To establish a proper organizational basis for communication between the Institution
authorities and students as well as maintaining harmonious relations between students and
academic members of staff; the Institute administration, non academic staff, and the
community in general;
3) To promote and maintain respect for learning and the pursuit of truth, and to ensure that
every student understands his/her responsibility to educate himself/herself to the best of
his/her capabilities and to search knowledge for the betterment of human kind and in so doing
cherish and promote academic freedom as an inalienable right of every student at the
Institution;
4) To stimulate and promote all desirable aspects of cultural development which inculcates the
spirit and love for music, sports and Art in order to keep the Institution a fertile ground from
which best talents are developed;
5) To maintain and promote fraternal relations with students in other institutions and alliances of
higher learning in Tanzania, Africa and the World at large;
6) To perform duties and exercise all powers vested in or conferred on the Students
Organization by or under any provisions of the Nelson Mandela African Institution of
Science and Technology Charter of 2012 and the subsequent amendment made thereon;
7) To act as an intermediary between students and the Institution Administration, the
Government of the United Republic of Tanzania and all other students’ sponsors, through the
NM-AIST Administration;
8) To promote and maintain tranquillity, democracy and co-operation among students of the
Nelson Mandela African Institution of Science and Technology regardless of their
differences, nationalities and other diversities;
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9) To facilitate student’s participation in interesting national and international contemporary
issues; and
10) To do all such other things as may be conducive to the attainment of the foregoing objectives
or any one of them and to refrain from doing any other things whatsoever, which appears to
compromise the status of the Organization and objects of the Institution.
Article 6
In pursuit of its objectives stated under Article 5 of this Constitution the organization may carry
out any or all of the following functions: 1) To initiate, sponsor, or undertake activities for the benefit of the students of the Institution
and the society;
2) To organize debates, seminars, workshops, conferences, congresses, study tours and
symposia to enhance intellectual and political awareness of the Student Community;
3) To mobilise funding, counsel and sponsor students research in all academic fields in order to
promote creativity and originality on matters of intellectual interest to the scholarly
community and the nation;
4) To publish, broadcast and print through the Mass Media;
5) To publish its own journal, books, newspapers, leaflets, magazines, recordings, or otherwise
through any other means of presenting information to the public;
6) To undertake such fund-raising activities as the Student Organization deem expedient;
7) To invite the distinguished personalities, with the approval of the NM-AIST Management
to interact with the Students community by way of Lectures, panels or group discussions,
workshops, or any other means that would promote a healthy discussion of contemporary,
scientific, social and development issues;
8) To correspond and communicate or otherwise promote relationship between the Students’
Organization and any other Organization which shares and promotes objectives common to
those of NM-AIST-SO;
9) To organise and co-ordinate students pursuance of their rights and welfare in conformity
with the objectives and status of NM-AIST-SO;
10) To assist in the counselling of students with regard to their social, academic and disciplinary
matters; and
11) To mobilise community action groups to participate or foster social support activities.
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PART THREE
MEMBERSHIP, RIGHTS AND OBLIGATIONS OF THE MEMBERS
Article 7
1) Every student of the Institution shall be a member and shall be deemed to have become a
member of the student’s organization upon his/her registration as a student, and his/her
membership shall cease upon the cessation of his/her registration as student.
2) Every member shall pay an annual subscription fee as may be prescribed from time to time
by the SRC.
Article 8
Every member of NM-AIST-SO shall be entitled to:
a) Participate in all activities of NM-AIST-SO;
b) Vote and hold office when elected or appointed provided he/she meets the laid down
requirements of Election By Laws;
c) Obtain and inspect copies of all documents of NM-AIST-SO upon request to the Prime
Minister; and
d) Request all publication of NM-AIST-SO as shall be determined by the SRC.
Article 9
All members of NM-AIST-SO shall:
a) Uphold this Constitution to educate oneself to the best of ones’ ability and to use one’s
ability and education for the benefit of humanity;
b) Be an example at self-discipline and academic responsibility; and
c) Participate in all activities of NM-AIST-SO as may be assigned.
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CHAPTER TWO
ORGANS OF THE ORGANIZATION
PART ONE
ORGANS OF THE ORGANIZATION
Article 10
There shall be the organs of the organization as follows:1) Students’ Baraza;
2) Students Representative Council (SRC);
3) Cabinet;
4) Arbitration Board;
5) Hostel Assembly; and
6) School / Departmental Assembly.
PART TWO
STUDENTS’ BARAZA
Article 11
1) There shall be a Students’ Baraza.
2) The Baraza shall be the supreme organ of NM-AIST-SO.
3) The Baraza shall convene ordinarily once per semester on such dates as provided for in the
almanac of NM-AIST-SO. However, an extra-ordinary Baraza may convene at any time
provided that the Prime Minister shall issue due public notice of such Baraza when so
directed by the SRC or by the President or upon the receipt of a petition signed by 2/3 of the
members of the SRC. Public notice shall be given at least two (2) days prior to the meeting.
4) The quorum of the Baraza shall be 2/3 of its members.
5) The President shall preside over all the meetings.
6) The results of the Students’ Baraza shall be carried by consensus or by acclamation or by a
simple majority of members present and voting.
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7) The functions of the students’ Baraza shall be:a) To oversee the activities of all other organs of NM-AIST-SO;
b) To discuss all matters of interest to students;
c) To make final decisions on recommendations of the SRC including votes of no
confidence to the President or Vice-president severally or individually;
d) To invite officials from within or outside the Institution as the need arises;
e) To appoint special committees or commissions as the need may arise;
f) To approve the appointment of a caretaker committee/ government by the SRC; and
g) To delegate any of its powers to the SRC as it may deem fit.
PART THREE
STUDENTS’ REPRESENTATIVE COUNCIL
Article 12
1) There shall be a Students’ Representative Council (SRC).
2) The SRC shall be composed of:a) The Speaker who shall preside over all meetings;
b) The Clerk;
c) NM-AIST-SO government office bearers subject to the provisions of the
constitution;
d) All School/Department Representatives;
e) All Class Representatives;
f) Hostel chairpersons; in his/her absence the hall secretary;
g) Heads of NM-AIST-SO affiliations at the Institution (that is, Chairperson) but in
his/her absence the secretary shall attend; and
h) Members appointed by the President.
3) The SRC shall convene two ordinary meetings in a semester. The SRC shall meet at any
other time the Clerk shall determine by notice as provided for under this Constitution.
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4) The quorum for the SRC shall be 2/3 of the members and its decision shall be carried by
consensus or by a simple majority of members attending and voting.
5) Subject to other provisions under this constitution, the tenure for SRC shall be one year
term.
Article 13
The SRC shall have authority:
1) To elect the Speaker from amongst members of NM-AIST-SO who shall not be a member
of the Cabinet;
2) To endorse the Ministers appointed by the President;
3) To represent the NM-AIST-SO government proposals found expedient to discharge under
this paragraph as the SRC may specify;
4) To receive, consider and approve policies of NM-AIST-SO government;
5) To receive and consider the annual general handing over report of the activities of NMAIST-SO government;
6) To approve budget estimates presented by the Minister responsible at the budget session; the
budget will be prepared by NM-AIST-SO government;
7) To make provisions in any appropriate manner for regular auditing of books of accounts of
all organs of NM-AIST-SO to ensure a sound, proper and efficient administration of funds;
8) To receive, consider and approve audited financial reports;
9) To investigate and take appropriate disciplinary and legal measures against any of the office
bearers of NM-AIST-SO and other SRC members malpractices, corruption and any other
misconduct;
10) To discipline any NM-AIST-SO office bearers and any other SRC member, provided that
2/3 of the members attending the meeting and voting shall have voted for such disciplinary
action. Disciplinary action may include suspension or removal of an officer provided
further that suspension or removal of the President and/or vice-president should have to be
approved by the Baraza;
11) To appoint members of the Arbitration Board;
12) To establish committees as may be found necessary for the execution of its functions; and
13) To perform any other duties as the Students’ Baraza may direct.
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Article 14
1) There shall be the secretariat to the SRC headed by the Clerk.
2) The secretariat shall be composed of three members of whom:a) Two members elected amongst SRC members who shall not be cabinet members;
and
b) One member appointed by the Speaker with the approval of the SRC to be the Clerk
to the SRC.
3) Without prejudice to the generality of sub article 2 above, the President and Speaker shall
have no power to remove a member from the secretariat.
4) The power to remove members of the Secretariat shall be vested in the SRC.
Article 15
1) The function of the Secretariat to the SRC shall be the following:a) To keep minutes and other records of the meetings of SRC;
b) To establish the database of all members of the SRC by names and total numbers;
c) To deliberate the agenda of the SRC meetings;
d) To deliberate on the question of the extra ordinary meeting of the SRC after
receiving an application from the SRC members; and
e) To carry out Clerical and financial activities of the SRC.
2) Notwithstanding the provisions of this article, the Clerk in execution of the function of the
secretariat shall liaise with Prime Minister.
Article 16
1) The tenure of office of the Secretariat shall be one year.
2) Without prejudice to the generality of sub article (1) above the tenure of office of the
secretariat shall run concurrently with the tenure of the SRC.
3) In case of any disciplinary misconduct done by the Clerk the petition shall be made by any
member of the SRC to the SRC.
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PART FOUR
THE CABINET
Article 17
1) There shall be a Cabinet which shall be composed of the President, Vice
Prime Minister, and Ministers.
President,
2) The President shall preside over all Cabinet meetings and in the event that the President is
absent the meeting shall be presided over by the Vice President and where both are absent
then the Prime Minister shall preside.
3) Subject to other provisions of this Constitution the Cabinet shall be the principal organ for
advising the President on all matters regarding the exercise of his powers in accordance with
the provisions of this constitution.
4) For avoidance of doubt, all Cabinet Ministers shall be accountable to the Prime Minister.
5) The SRC shall have the power to summon Cabinet members, individually or collectively.
6) The tenure of office of Cabinet members shall commence on the day they are sworn in.
7) The office of a Cabinet member shall fall vacant upon the occurrence of any of the
following events:
a) If the incumbent resigns or dies;
b) Where the President revokes the appointments thereby removing the incumbent
from office;
c) When the President resigns, or impeached or when the Presidents’ office falls vacant
for any other reasons;
d) If the government is removed in power; and
e) If he/she is discontinued from studies.
PART FIVE
THE ARBITRATION BOARD
Article 18
1) There shall be an Arbitration Board which shall be composed of seven members who shall
be appointed by the SRC.
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2) The members of the Arbitration Board shall be:a) Six members from amongst the students who are held in high esteem by other
members of the organization; and
b) One member appointed from amongst the disabled members of the organization.
3) In complying with the requirements under Sub-Article 2 above, the SRC shall consider
gender balance in its appointments.
4) The members of the Board shall neither be the members of SRC nor members of the Cabinet.
5) Subject to Sub-Article (4), any SRC member or Cabinet member having being appointed as a
member of the Arbitration Board, his/her membership to the SRC or Cabinet shall there-by
cease.
Article 19
There shall be a Chairperson and Secretary to the Board who shall be elected from amongst
members of the Board.
Article 20
The tenure of office of the Board shall be one year, which shall expire upon the appointment of
the new Board.
Article 21
1) The Arbitration Board shall have power to:a) Interpret the Constitution, by- laws and rules of the Organization which shall be final
and conclusive; and
b) Act as disciplinary authority of the Organization and its decisions shall be final and
conclusive.
2) As for the President, Vice President, the Speaker, the Deputy Speaker, and the Clerk of the
organization, the Board shall recommend the necessary sanctions to the SRC as the case may
be.
3) For the avoidance of doubts the Board shall have other functions as follows:a) To investigate and recommend to the President appropriate disciplinary and legal
measures against any cabinet member other than the President and Vice President of
malpractices, corruption, and any other misconduct; failing which the Board may on
its own discretion proceed to the SRC;
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b) To act as the arbiter in disputes among the students with a view to promoting
harmony and tranquillity;
c) To assume powers of the Cabinet where in any circumstances the cabinet does not
exist;
d) To receive, hear, review, revise, and determine any appeal brought to it by any
aggrieved member on the decision made by the electoral committee and any other
organ of the organization; and
e) For purpose of expediency and when need arises the Board may invite the President,
Vice President, Speaker and any other office bearer as the circumstance may require
to attend Board Meetings and give clarifications, evidence or opinions and any
matter that need their attendance.
Article 22
1) Upon receiving the allegations and complains of malpractices, corruption, and any other
misconduct of any member, the Board shall have power to:a) Summon the member against whom the allegations are made; and
b) Counsel, advise and warn the alleged member with regard to such misconduct or
behaviour.
2) The alleged member having been warned more than twice of misconduct or bad behaviour
shall be regarded as hardcore and the Board shall take the necessary actions within powers
vested to it by this constitution.
PART SIX
HOSTEL ASSEMBLY
Article 23
1) There shall be a Hostel Assembly called the Hostel Students’ Assembly that will be
composed of:
a) The Hostel Chairperson and Secretary who shall be elected by the Hostel Assembly;
and
b) All NM-AIST-SO members residing in that hostel.
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2) The Hostel Assembly shall meet in an ordinary meeting at least twice during each academic
semester and the Hostel Chairperson shall preside each meeting. In his/her absence any hostel
member elected for the purpose shall chair the meetings.
3) The quorum for meetings shall be two-third (2/3) of the members.
4) The Hostel Assembly shall have the following functions:a) To discuss matters of interest to the Hostel and may make recommendations to the
SRC or as the case may be to the appropriate organ of NM-AIST-SO;
b) To consider and adopt the activities of the NM-AIST-SO within the Hostel; and
c) To elect the Hostel Chairperson and Secretary, where the Chairperson shall be the
representative to the SRC. However, in his/her absence the Hostel Secretary shall
represent the hostel to the SRC.
PART SEVEN
SCHOOL/DEPARTMENTAL ASSEMBLY
Article 24
1) There shall be a School/Departmental Assembly for students in a specific School or
Department which will be composed of:
a) The School/Department Representative and his/her assistant who shall be elected by
the School/Department members; and
b) All NM-AIST-SO members in that School/Department
2) The School/Department Assembly shall meet in an ordinary meeting at least twice during
each academic semester and the School/Department Representative shall preside each
meeting. In his/her absence the assistant shall chair the meetings.
3) The quorum for meetings shall be two-third (2/3) of the members.
4) The School/Department Assembly shall have the following functions:a) To discuss matters of interest to the School/Department and may make
recommendations to the SRC or as the case may be to the appropriate organ of NMAIST-SO;
b) To consider and adopt the activities of the NM-AIST-SO within the
School/Department; and
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c) To elect the School/Department Representative, who shall be the representative to
the SRC.
However, in his/her absence the assistant shall represent the
School/Department to the SRC.
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CHAPTER THREE
OFFICE BEARERS
PART ONE
PRESIDENT
Article 25
1) There shall be the President of the Organization and who before assuming his/her office shall
take and subscribe before the Vice Chancellor such an oath of allegiance of the office of
President in accordance with the provisions of this constitution.
2) The President shall be the head of the organization.
3) The President shall be elected by members in an election by not less than 50% of the total
votes and in accordance with the election by-laws of the organization made pursuant to this
constitution.
4) Any person who is a member of the organization shall be entitled to be elected to hold office
of the President provided that he/she fulfils the requirements of election by-laws.
5) In the general election the candidates for presidential post shall submit to the electoral
committee two names of members from each campus whom he/she propose to be his/her
running mates.
6) Subject to the provision of sub-Article (5) above, the electoral committee after receiving the
proposed names shall conduct a screening and return to the candidate one name for each
campus who qualify to be his/her running mates.
7) The Presidents’ tenure of office shall be one year and shall serve the office for only one term.
8) A person elected shall hold the office of the President until the day his successor assumes
office.
Article 26
The President shall have authority:
1) To supervise implementation of the decision made by the SRC and the students’ Baraza.
2) To appoint:Page 22
a) the Prime minister who will be approved by the SRC;
b) the Ministers, provided that the number of ministers shall not exceed 30% of the
SRC members; and
c) up to five (5) members of the Students Organisation to be members of SRC as it
may deem necessary.
3) Without prejudice to the provision of Sub-Article (2) of this Article, the President when
making appointment shall ensure proportional representation of all members including
members in each academic year, and gender.
4) Without prejudice to provision of Sub-Articles (2) and (3) of this Article, the President shall
appoint a minister(s) who shall be responsible for academics, health, accommodation, sports
and finance as may deem necessary.
5) To preside over meetings of the cabinet and Student Baraza and other meetings at the
Institute where necessary.
6) To link the organization and the Institute management.
7) To perform any other duties in conformity with organization objectives for the benefit of the
members of the organization at the Institute.
Article 27
The office President shall fall vacant on any of the following event:1) Resignation of the President;
2) Death of the President;
3) Discontinuation from studies of the President;
4) Impeachment of the President by the Students’ Baraza;
5) Any of the occurrences that make the President incapable of discharging his office duties for
three month consecutively; or
6) If charged and found guilty of disciplinary and criminal offence (s) and suspended from
duties by the Institute.
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Article 28
1) The SRC may pass a resolution to remove the President from office if a motion to impeach
him/her is moved and passed in accordance with the provisions of this constitution.
2) Subject to Sub Article (1) above, no motion to impeach the President shall be moved unless
it is alleged that he /she:a) Has committed acts which generally violated this constitution; or
b) Has conducted himself/ herself in manner, which lowers the esteem of the office of
the President;
3) Without prejudice to the provision of Sub-Article (1) and (2) of this article, the motion to
impeach the President shall be moved if and only if:
a) A written notice specifying the wrong committed and signed by one-third (1/3) of
the SRC members is served to the SRC secretariat fourteen (14) days prior to the
sitting at which such motion is intended to be moved;
b) The secretariat having been satisfied with the wrong and the number of the
members supporting the motion shall present the allegation to the Arbitration
Board;
c) The Arbitration Board if satisfied that there is a prima facie wrong committed by
the President the Board shall lodge the recommendation to the secretariat and the
secretariat shall summon the SRC meeting;
d) The SRC members having supported the impeachment of the 2/3,
Secretariat shall summon the student Baraza;
the SRC
e) The student Baraza shall be presided over by the chairperson of the Arbitration
Board in case of the impeachment of the President; and
f) The decision of the student’s Baraza for the impeachment of the President shall be
by the special resolution.
4) Without prejudice to the generality of Sub- Article 3(c) above the Arbitration Board shall
deal with the allegation within twenty one (21) days of which the President shall be present
in person and be given an opportunity to be heard.
5) The President shall cease to hold office immediately and shall be obliged to resign where the
special resolution for impeachment passes.
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PART TWO
THE VICE PRESIDENT
Article 29
1) There shall be the Vice President of the Organization at each campus of the institution, and
who before assuming his/her office shall take and subscribe before the Vice Chancellor such
an oath of allegiance of the office of Vice President in accordance with the provisions of this
constitution.
2) The Vice President shall be principal assistant to the President in respect to all matters
concerning the members generally and in particular shall:a) Assist the President in making follow up on day-to-day activities of the organization
plans and programs;
b) Assume office of the President when the office of the President shall fall vacant due
to any of the events stipulated under Article 26;
c) Perform his/her duties under direction or supervision of the President and provide
leadership and be answerable to the President in respect of any matter or function
assigned to him/her by the President; and
d) Perform all duties and function of the office of the President when the President is
out of office.
3) The Vice President shall contest as the running mate of the presidential candidate subject to
the provision of Sub-Article (5) and (6) of Article 24 of this constitution.
Article 30
1) The Vice President shall assume the office on the same day as the President.
2) The Vice President shall hold office until:a) His her tenure of office expires;
b) He /she dies while on office ;
c) He /she resign;
d) He/she is sworn in as President after the office of the President has fallen vacant as
provided under Article 28 (2) (b) of this constitution; or
e) He/she is discontinued from studies.
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Article 31
The reasons, circumstance and procedures for the impeachment of the Vice President shall be the
same as those provided for the impeachment of the President in Article 28 of this constitution.
PART THREE
THE PRIME MINISTER
Article 32
1) There shall be a Prime Minister of the Organization who shall be appointed by the President
in accordance with the provision of this Article and who before assuming his/her office shall
take and subscribe before President such an oath of allegiance of the office of Prime Minister.
2) As soon as possible and in any event within fourteen (14) days assuming his/her office the
President shall appoint the Prime Minister from among the elected SRC members and she/he
shall not assume office until his/her appointment is first confirmed by the SRC.
3) The Prime Minister shall hold office until:a) The day the President - elect is sworn in;
b) The day he/she dies while in office;
c) The day he/she resign;
d) The day the President appoints another member of the SRC to hold the office of
Prime Minister;
e) The day his/her tenure of office expires; or
f) He/she is removed from office following his impeachment by the SRC in
accordance with the provision of this constitution.
4) Unless he/she sooner resign or dies, a person appointed to be Prime Minister shall subject to
other provisions of this constitution, holds office for a period of one year from the day
he/she is appointed Prime Minister.
Article 33
1) The Prime Minister shall have the functions and authority as follows:Page 26
a) To assist the President and Vice President in making follow-up of the
day to day implementation of Organization’s plans and programs;
b) To perform all duties and functions of the office of the President and Vice
President when they are both out of office;
c) To co-ordinate the activities of Ministries and other organs of the
Organization;
d) To be the secretary in the Baraza and the Government;
e) To summon and arrange meetings of the Baraza and Government after
consultation with the President as per the provisions of this constitution;
f)
To keep minutes and other records of the meeting of which he/she is a secretary;
g) To perform any other lawful duties as may be assigned by the President; and
h) In discharging his/ her duties, the Prime Minister shall liaise with the Chief Clerk.
2) The Prime Minister shall perform his /her duties under the direction and supervision of the
President and shall provide leadership and be answerable to the president in respect of any
matter of functions assigned to him/her by the president.
Article 34
1) The SRC shall have a vote of no confidence in the Prime Minister only if it is alleged that
he/she;
a) Has committed acts which generally violated this constitution; or
b) Has conducted himself/ herself in manner, which lowers the esteem of the office
of the Prime Minister;
2) Where a resolution of no confidence in the Prime Minister has been passed by more than 50%
of SRC member present in the meeting the Prime Minister shall cease holding the office.
3) In the event that the office of the Prime Minister is vacant pursuant to the provision of Article
31 (3) (b), (c) and (f) then as soon as possible after the Prime Minister has ceased to hold
office, the president shall appoint a new Prime minister and such appointment shall be
approved by the SRC.
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PART FOUR
MINISTERS AND DEPUTY MINISTERS
Article 35
1) There shall be Ministers and Deputy Ministers who shall be appointed by the President.
2) In appointing Ministers and Deputy Ministers the President shall consult the Vice President
and Prime Minister.
3) The Ministers and Deputy Ministers shall be responsible for their offices as the President
may from time-to-time establish by writing under his /her hand the seal of the organization.
4) The Ministers shall be members of the Cabinet.
5) The Ministers and Deputy Ministers shall be members of the SRC by virtue of their office.
6) Without prejudice to the provision of Sub-Article (1) above the President shall appoint
Ministers who shall not exceed 30% of the SRC members.
7) For avoidance of doubts, Ministers and Deputy Ministers shall hold office at the pleasure of
the President and shall not be paid a salary, except allowances and other remuneration in
accordance with rules or regulations promulgated by the SRC.
PART FIVE
THE SPEAKER
Article 36
1) There shall be a Speaker of the SRC who shall be elected by the members of SRC from
among members of the organization, and who before assuming his/her office shall take and
subscribe before the Vice Chancellor such an oath of allegiance of the office of SRC.
2) The speaker shall be elected by the SRC within fourteen days after the General election.
3) The Speaker of the SRC shall:a) be the leader of the SRC and shall preside over all the meetings of the SRC; and
Page 28
b) represent the SRC in the other Institutions, Organizations and meetings outside
the SRC.
4) Subject to sub-article (2) above, the members of whom their representative have been
elected to be Speaker of the SRC, shall as soon as possible elect another representative to fill
the vacant post.
Article 37
1) The Speaker shall cease to hold office:
a) If he /she is removed from the office by the resolution of the SRC; or
b) If he /she violates any article of this constitution.
2) Notwithstanding the provision of sub-article (1) above the procedures for the removal of the
speaker shall apply mutatis mutandis as provided under article 28 of this constitution save
that the impeachment of the speaker shall be made by the SRC upon receiving the
recommendations from the Arbitration Board, and its decision shall be final and conclusive.
3) The SRC shall be presided over by the Deputy Speaker in case of the impeachment of the
Speaker.
PART SIX
DEPUTY SPEAKER
Article 38
1) There shall be a Deputy Speaker of the SRC elected by members of the SRC from amongst
members of the organization.
2) The Deputy Speaker shall be elected within fourteen days after General Election.
3) The Deputy Speaker shall be the principal assistant of the Speaker of the SRC.
4) In the performance of his /her duties, the Deputy Speaker shall:a) Preside over the meetings of the SRC in the absence of the Speaker; and
b) Perform any other lawful duties as directed by the Speaker.
5) The reasons, circumstances and procedures for the removal of the same as those provided for
the removal of the speaker as provided under Article 37 of this constitution.
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CHAPTER FOUR
FINANCIAL MATTERS
Article 39
1) The source of Organization’s fund shall be:a) Student contributions;
b) Gifts;
c) Fund raising;
d) Projects; and
e) Any money appropriated by the Institution.
2) The Minister responsible for finance shall be responsible for the collection and disbursement
of all organization’s funds.
3) The Minister responsible for finance shall ensure that all funds collected are deposited to the
organizations account.
4) For avoidance of doubts, financial matters shall be governed by the Organizations’ financial
regulations as issued from time-to-time by SRC.
5) The Chief Internal Auditor of the Institute or any other person authorized by him shall:a) Audit the accounts of the Organization; and
b) Make available the audit report for discussion and action by the SRC.
6) There shall be an annual audit report of NM-AIT-SO accounts by the Chief Internal Auditor
of the Institute or any other independent external auditors.
7) The management of all property of the Organization shall be the responsibility of the
government on behalf of the members.
8) The Organization may employ staffs subject to NM-AIST employment policy if:c) The government proposes such employment and rate of remuneration to be paid;
and
d) The SRC approve such employment and remuneration.
9) The SRC shall establish a financial committee to monitor and control the organization
financial activities to safeguard the organization’s funds.
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10) The SRC shall convene a budget session two months after the General Election.
11) The Government shall ensure that it executes expenditures according to the planned budget.
Article 40
1) The President and the Vice President shall be paid allowance as may be prescribed by the
SRC from time to time and as provided in the financial regulations.
2) The office bearers and other members of the SRC shall be entitled to allowance,
remuneration and reimbursement of any expenses incurred by them in the performance of
their respective duties as provided by the financial regulations.
3) Other allowances and remunerations will be executed according to the financial regulations.
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CHAPTER FIVE
ELECTION
Article 41
1) There shall be General Election and by-election of the Organization.
2) The General election and by-election shall be supervised by the electoral committee,
appointed by the SRC from amongst members of the Organisation.
3) The composition and conduct of the electoral committee shall be governed by the electoral
regulations.
4) The General election shall be conducted two months after the opening of the first semester of
every academic year.
5) Any candidate contesting for any post shall not be a member of the final year of studies,
except for School/Department Representative, Class Representative, Hostel Chairperson and
Hostel Secretaries.
6) The posts which shall be contested for are:a) Presidential post;
b) School/Department representative post;
c) Class Representative post;
d) Hostel Chairperson; and
e) Hostel Secretary.
Article 42
1)
The minimum qualifications of a member to be eligible to hold major offices shall be:a) Clean studentship record without any implications in disorderliness or infractions of
NM-AIST rules and regulations; and
b) Being held in high esteem by members of the organization.
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CHAPTER SIX
MISCELLENEOUS PROVISIONS
Article 43
1) The SRC may enact, amend and repeal laws and rules of the organization in line with the
Institution Charter and By–laws.
2) A member of SRC or the government can move a motion to enact or amend or repeal a law
or rule of the Organization.
Article 44
1) Any article (s) of this Constitution may be amended by the special SRC.
2) The special SRC shall be composed of members of the SRC.
3) The motion of amendment of any article (s) of this constitution shall be presented by the
government or any SRC member.
4) Subject to sub-article (3) above , if the motion is presented by SRC member , a written
Notice specifying the articles (s) proposed to be amended should be supported and signed by
two (2/3) of SRC members and lodged to the SRC secretariat at least fourteen (14) days
prior to the SRC meeting.
5) Where 2/3 of SRC members support the motion through vote, the SRC
shall form a
Constitution committee of six members amongst the SRC members, which will be vested
with the duty to draft such amendment of the article (s) of the constitution.
6) The chairperson and the Secretary of Constitution committee shall prepare a report and
present the same to the special SRC for deliberations and adoption the decision of which
shall be met by the support of two-third (2/3) of members sitting in the special SRC provided
that the member who initiates such a motion shall not form part of the Constitution
committee.
Article 45
1) The records of the Organization shall
documents in the Students Organization Office.
be
kept
in
Organization
official
2) No member or group of students shall use the title of the Organization without the written
consent of the Prime Minister.
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Article 46
1) If any subject or matter in line with Article 5 is not covered by the provisions of this
constitution then such matter (s) shall be placed before the SRC for discussion and
deliberations.
2) Where the Regulations and By-Laws conflict with any other NM-AIST-SO laws, purposive
approach shall be adopted in interpreting the regulations and by-laws. However, the NMAIST-SO Constitution of 2012 shall be the guidelines to all the regulations and By-laws.
Article 47
1) The Students government shall have powers to enter into relation (contracts and agreements)
with other organizations or individuals for the interest of the organization with consent of the
NM-AIST Administration.
2) Minister responsible for legal affairs shall form regulations which shall govern the format of
such relations and procedures for entering into such relations.
3) Any relation which its activities will extend beyond the tenure of the incumbent students’
government, must be approved by not less than two third (2/3) of the SRC members.
Article 48
1) This constitution shall be referred to as the Constitution of Nelson Mandela African
Institution of Science & Technology- Students’ Organization of 2012.
2) This Constitution shall come into operation upon the approval of the Council of the Nelson
Mandela African Institution of Science and Technology.
3) This Constitution shall operate to all campuses of the Nelson Mandela African Institution of
Science and Technology.
ADOPTION
Enacted and adopted by the SRC sat as a Special Constituent Assembly in this 15th day of
August, 2012.
APPROVED
Adopted and approved by the NM-AIST Council sat in this 5th day of October, 2012.
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