NORTH-WEST UNIVERSITY

Transcription

1 NORTH-WEST UNIVERSITY YUNIBESITI YA BOKONE-BOPHIRIMA NOORDWES-UNIVERSITEIT OF THE CAMPUS STUDENT REPRESENTATIVE COUNCIL () (AS AMENDED IN 2009) NORTH-WEST UNIVERSITY ()

2 TABLE OF CONTENTS PREAMBLE... 3 CHAPTER DEFINITIONS FOUNDATION ACTIVITIES AND FUNCTIONS OF THE CAMPUS STUDENTS REPRESENTATIVE COUNCIL () ELEGIBILITY TO STAND FOR AND CONTEST ELECTIONS... 6 CHAPTER COMPOSITION OF THE EXECUTIVE SUB-STRUCTURES POWERS AND DUTIES OF THE CAMPUS STUDENT REPRESENTATIVE COUNCIL8 CHAPTER TERM OF OFFICE MEETINGS TERMINATION OF MEMBERSHIP DISSOLUTION DISPUTE AMENDMENT OF THE FINANCES CHAPTER 4: ELECTION REGULATIONS OBJECTS ADMINISTRATION OF ELECTIONS TIMING NOTICE OF ELECTION CONTENTS OF NOTICE OF ELECTION NOMINATIONS DETERMINATION OF BALLOT-PAPER ORDER WITHDRAWAL OF NOMINATIONS FORMATION OF LISTS DECISION MAKING BY LISTS SIMILAR LIST NAMES PREPARATION OF BALLOT PAPERS METHODS OF VOTING SECURITY OF BALLOT BOXES DECLARATION OF THE ELECTION CAMPAIGN FUNDING LIST STATEMENTS CAMPAIGN RULES STATUTORY DECLARATIONS ELECTION TRIBUNAL APPENDIX A

3 PREAMBLE In recognition of our diversity, history of inequality and division which are reflected in the composition of the University Student population, we the students of the North-West University, Mafikeng Campus commit ourselves to upholding the principles of non-racialism, non-sexism, equality, democracy and the advancement of human dignity. In order to redress the effects of past inequality and to promote the agenda of transformation of higher education, it is necessary to form a single student representative body, to this we commit ourselves to the Constitution of the to serve all students and the broader society and we further acknowledge that we are members of the community before we are students. This very preamble shall also inform the interpretation of all the provisions herein. The articulation of the rules is based on Sections 29 to 32 of the Statute of the North-West University. 3

4 CHAPTER DEFINITIONS a) Campus means the Mafikeng Campus. b) Campus Independent Electoral Commission shall be the body which conducts and regulates the elections of the Campus Student Representative Council. c) Campus Rector shall mean head of the campus as appointed in terms of the Statute d) Campus Registrar shall mean the registrar of the campus. e) Campus Student Representative Council of the Mafikeng Campus, hereinafter referred to as shall mean a student council constituted and elected in accordance with the provisions of this constitution and regulations. f) Campus Student Representative Council - Sub Structures shall mean any substructures of the established in terms of this constitution and regulations. g) Council means the Council of the University established in terms of the Statute. h) Electoral Officer shall mean any person who is appointed to administer and conduct the elections in accordance with this Constitution and the Electoral Regulations. i) Electoral Tribunal shall mean the body established by the Dean of Students in accordance with the Constitution to adjudicate over grievances during the elections. j) International Student shall mean a non South African student registered with the campus. k) Institutional Student Representative Council hereinafter referred to as the ISRC shall mean the council which consists of representatives of the three campuses, Mafikeng, Vaal and Potchefstroom as established in terms of the Statute. l) Quorum shall mean 50%+1 of the members of the in case of an ordinary sitting of the meetings and shall where the amendment of the constitution is discussed be 75% majority of the members. m) Senate shall mean the Senate Committee of the Campus and where appropriate the Institutional Senate of the University. n) Statute shall mean the Statute of the North-West University as established by the Higher Education Act, 1997 (Act No. 101 of 1997). o) Staff Member shall mean any person who is appointed temporarily or permanently by the University. p) Student shall mean any person registered for a study programme at the Campus. q) University shall refer to the North-West University established in terms of the Statute. 4

5 r) University Day for purpose of elections shall mean any day from Monday to Friday and shall exclude any public holiday and university holidays. s) Vice-Chancellor shall mean the Vice-Chancellor of the University. 5

6 1.2 FOUNDATION The Mafikeng exists by virtue of the Higher Education Act, 101 of 1997 and the Statute of the North-West University (NWU), and strives for academic excellence, community service and better relations between student bodies and the Campus Management The constitution governs students at the Mafikeng Campus of the North-West University, subject to the ISRC Constitution, the University Statute and other relevant legislation. 1.3 ACTIVITIES AND FUNCTIONS OF THE CAMPUS STUDENTS REPRESENTATIVE COUNCIL () Manages organised student life at the Mafikeng Campus with regard to the academic, cultural, sports, residence and other relevant activities Safeguards the rights and interests of registered and prospective students of the NWU in so far as these interests and their protection are within the domain of the Fosters and facilitates a healthy relationship between students, academic staff and the University management May extend at campus level, involvement of other student bodies and exercise control over such bodies. In addition, the shall develop rules regarding such involvement (relationships and activities) of internal and external bodies Initiates disciplinary procedures against any student in accordance with the Statute, the Rules and this Constitution Compiles Internal Rules of Procedure, as well as other rules of procedure that may be required to perform the duties of the Distributes publications in accordance with the Internal Rules of Procedure for publications Enters into contracts and/or agreements within the area of authority of the from time to time as delegated by the Manager: Student Affairs Recommends to the human resource office of the campus people who should be employed to work or perform tasks for the Appoints internal commission of enquiry to investigate matters that concern the and that are in the domain of the and recommends the appointment of external commission of enquiry to the Manager: Students Affairs. 1.4 ELEGIBILITY TO STAND FOR AND CONTEST ELECTIONS In order to be eligible/qualify to stand and contest the elections, a candidate must comply with the following requirements: Must be a student as defined in this Constitution excluding staff members for purposes of elections Must not have been found guilty of misconduct by a University Disciplinary Committee in terms of this Constitution, the Statute, or the Rules provided that a candidate awaiting the outcome of an appeal in terms of this Constitution, the Statute, or the Rules, is not disqualified until the appeal is finalised and the guilty verdict confirmed Must not be in an extra year for a study programme. 6

7 1.4.4 Must have passed 60% of the modules prescribed for the curriculum during the semester preceding the election Shall not have been sentenced to more than 6 months imprisonment without the option of a fine Shall have passed 75% of the modules prescribed for the curriculum since the year of the first registration Must not be in the first year of an undergraduate study programme Shall have not served in the for more than two terms Shall not hold a position of student assistant, graduate assistant, tutor or supplemental instructor, 40 days prior to the elections Shall have registered 60% of the modules prescribed for the curriculum for the current academic year Shall have served in the previous to be nominated as a presidential candidate, if such a nominee is not available, a nominee from the substructures may be nominated for president Candidature for the elections is opened to all students on campus. 7

8 CHAPTER COMPOSITION OF THE EXECUTIVE The shall consist of the following twelve (12) portfolios at least 40% of which shall be female: 1. President 2. Deputy President 3. Secretary General 4. Deputy Secretary General 5. Treasurer General 6. Academic Affairs Officer 7. Public Relations Officer 8. Legal Affairs Officer 9. Sports, Religion and Entertainment Officer 10. Residence Officer 11. Welfare and Gender Officer 12. International Students Affairs Officer All members excluding ex officio members shall form the executive of the. 2.2 SUB-STRUCTURES The shall establish academic and non-academic substructures including the following: Academic Sub-structures: a) The Faculty of Education Student Council. b) The Faculty of Commerce and Administration Student Council. c) The Faculty of Law Student Council. d) The Faculty of Agriculture, Science and Technology Student Council. e) The Faculty of Human and Social Science Student Council Non-academic Sub-structures: a) All Sports Student Council. b) Student Religious Fraternity Council. c) Cultural Union Student Council. d) Residence Council e) International Students Council The Chairpersons of all the sub-structures shall be ex officio members of the. 2.3 POWERS AND DUTIES OF THE CAMPUS STUDENT REPRESENTATIVE COUNCIL The President shall: a) Act as Chairperson of the and ex officio member of all sub-structures. b) Be responsible for ensuring that the directives of the C SRC are properly enacted. c) Along with the Treasurer and the Secretary General be responsible for the proper management of the offices, equipment and accounts of the. d) Along with the Secretary General and any relevant staff members the so employed, be responsible for ensuring that the records and properties of the are properly maintained. e) Liaise with community groups and organisations to promote the interests and welfare of students. f) When and where deemed necessary, represent the interests of any student or students to any authority; g) Take such decisions as are deemed necessary, in the absence of the and such decisions shall be guided by the policies of the. 8

9 h) Be available for student consultations on any matter relating to the welfare of students at the. i) Provide a written report outlining the activities of the President at every ordinary meeting of the Deputy President shall: a) Act as President in the absence of the President. b) Be the convener of all substructures. c) Be the convener and chair of Disciplinary Committee Secretary General shall ensure that all members of : a) Receive proper notices of meeting times and places as required by this Constitution. b) Have adequate records of such meetings. c) Prepare agendas and documents in accordance with the provisions of the Constitution at least twelve hours prior to such meetings. d) Receive adequate notices of elections, resignations, casual vacancies, and or notices deemed necessary by the. e) Have access to the minutes of all meetings of the. In addition to (a-e) above, the Secretary General shall perform the following duties: i) In conjunction with such staff members as the so employed, be responsible for all the correspondence including the preparation, safe keeping and distribution of such as may be directed by the. ii) In conjunction with the President, be responsible for ensuring that the records of the are properly maintained; iii) In conjunction with the President, the secretary general will be responsible, after consulting the Dean of students, to dissolve the at the end of the term of office. iv) In conjunction with such staff members as the so employed, assist where necessary any sub-structure in the proper keeping of the records of that body Deputy Secretary General In the absence of the Secretary General, the Deputy Secretary shall act as the Secretary General The Treasurer shall: a) Ensure that all debts owing to the are properly collected and accounted for. b) Advise the on matters relating to the correct and proper expenditure and investment of monies. c) Ensure that funds are expended or invested in accordance with the financial policies of the university. d) In conjunction with such staff members as the so employed, account for the correct and proper expenditure of funds. e) Act as Chairperson of the Finance Committee; f) Where necessary assist substructures in the preparation of their annual budgets or in the proper recording of their income and expenditure. g) Inspect such books, accounts, budgets or other financial documents of affiliated bodies as deemed necessary by the Treasurer; h) In conjunction with such staff members as the so employed, keep an account of all receipts and expenditures of the and maintain such in a manner as is prescribed by the appointed Auditors of the ; i) In conjunction with such staff members as the so employed, prepare and submit all books and statements of accounts to the appointed Auditors of the and to ensure that such records are a true and accurate record of the financial transactions that have taken place in the preceding year; j) Perform any other duties related to the Treasurer s portfolio Academic Affairs Office 9

10 Responsible for matters directly or indirectly affecting the education and academic affairs of students at the Campus, and shall: a) Act as Chairperson of the Academic Committee and other auxiliary bodies of the as may be established from time to time. b) Liaise with students, academic and non-academic staff relating to educational and academic matters. c) Be available for student consultations on matters affecting educational interests. d) Provide a written report on his/her activities to every general meeting of the Public Relations Officer shall: a) Be the link between the community and the ; b) Together with the president, legal spokespersons of the ; c) Market and promote brand; d) Develop and formulate fundraising strategies with the treasurer; e) Develop merchandise Legal Affairs Officer shall: a) Promote, represent the interest of all students in all academic and non academic matters; b) Promote and facilitate policies that will promote and protect the interest of all students; c) Represent students in all Campus policy bodies pertinent to the. d) Design and develop contracts and legal documents on behalf of the ; e) Advise on legal matters Sports and Entertainment Officer shall: a) Be the head of entertainment committee; b) Together with the president and secretary shall enter into entertainment agreement with promoters and sponsors; c) Coordinate sports and recreation affairs; d) Develop and coordinate vibrant student life in campus; e) Ex officio of all sports student council ; f) Together with the Student Religious Forum (SRF) chairperson shall be responsible for religious affairs on Campus Residence Officer shall a) Represent students on the Campus Residence Committee b) Establish and head Students House Committees c) Strive to promote safety and security in all halls of residence d) Recommend user friendly facilities in all halls of residence Welfare and Gender Officer shall a) Represent disabled students in all student related matters. b) Promote and facilitate user friendly infrastructure for disabled students; c) Promote safe and vibrant campus life for disabled students; d) Maintain balance in all gender related matters International Student Affairs Officer shall: a) Strive to promote interests of all International students; b) Promote and deal with any matter relating to International students; c) Promote identity and mutual tolerance through approved programmes. 10

11 CHAPTER TERM OF OFFICE Members of the shall serve for the period from the constituting of the, which shall happen not later than the end of the first week of September of each year, for a year until the constituting of a new the following year, on condition that an individual member s term of office may be terminated earlier on the conditions set out in this Constitution If, for whatever reasons, the election and constituting of the is delayed beyond the term of the outgoing, the term of the outgoing and its members is extended for a reasonable period, after which the Council of the NWU on the advice of the Vice- Chancellor will appoint the A person may serve in the for a maximum of two terms The first meeting to constitute the shall take place within the first ten university days after the announcement of elections each year. 3.2 MEETINGS Quorum a) The Secretary General in conjunction with the President shall call meetings of the. b) A quorum of 50%plus 1 of the members must be obtained to constitute a meeting of the and must be maintained throughout the meeting. c) If a quorum cannot be obtained or maintained, the meeting shall be postponed for not less than one week and not more than two weeks or at an earlier date as may be determined by the President of the in collaboration with the secretary general of the having duly notified all portfolio members of such a determined date. d) Notice of the postponed meeting shall be given without delay and the members present at the postponed meeting shall form a quorum and shall have the power to take valid decisions on the undecided matters that were on the agenda of the original meeting Ordinary Meetings and the Procedures a) Meetings of the should take place at least once per quarter, at a time and venue determined by the. b) Meeting of general student s body shall be called once per quarter. c) The Secretary General of the must give notice of meetings to all executive members of the and distribute relevant documents at least two weeks before the date of the meeting. d) All meetings of the are chaired by the Chairperson (President) of the. e) In the absence of the Chairperson, the vice-chairperson (Deputy President) shall chair meetings of. f) In the absence of both the President and Deputy President, the meeting may elect a person from its ranks to chair the meeting. g) A written letter of absence from any ordinary meeting of the stating reasons for absence that should be acceptable to the meeting, should reach the Chairperson 11

12 (President) at least one week before the date of the meeting and shall be 24 hours, for special meetings. h) The Chairperson of the has the prerogative to allow observers into any meeting of the Special Meetings a) A special meeting of the can be convened by the president or at the request of at least ten members of the Executive council of the, or at least by 150 students indicating the need for a such a meeting and the issues to be discussed. b) Such a special meeting should be called by the President of the within five university days failing witch any member of the CRSC may convene such a special meeting. Nothing in this section may be interpreted to derogate the powers of the ISRC. 3.3 TERMINATION OF MEMBERSHIP The membership of any member of shall be terminated, if: S/he notifies the President or the Secretary General of the in writing of his/her resignation S/he fails to attend three consecutive meetings of the, without a valid reason S/he is found guilty of any crime, which on conviction resulted in a prison term or a fine of not less than R1000, 00(one thousand Rand) The becomes aware that a member might be in breach, or does no longer comply with any of the requirements as prescribed in section 1.4. of this Constitution, the should inform the member in writing that it intends to terminate the membership of the concerned member. The member shall within five days from the day of notification give reasons for his membership not to be terminated. Failure to do so shall entitle the to terminate membership without reference to the member The conduct of such member damages the good name of the or the University after having duly been convicted of misconduct in terms of this constitution or University or Campus disciplinary committee Becomes incapable of performing the official duties incumbent in his/her portfolio. 3.4 DISSOLUTION In cases where more than 75% of the members of the resign or are dismissed, the entire dissolves In the event of the dissolution of the, the management of the NWU will appoint a new from the membership of the existing sub structures to conclude the term In cases where less than 75% of the members of the resign or are dismissed, the vacancies are filled according to the Election Regulations. 12

13 3.5 DISPUTE In the case were a serious dispute exists between the Campus Rector and the, and the dispute cannot be resolved by means of discussion and the use of all the existing channels for resolutions, the may with a majority of 75% of all its members during a secret ballot during a meeting of the convened specifically for this purpose, decide to declare a deadlock with the Campus Rector. In this instance the prescribed procedure for the resolution of such deadlock within the University will be followed In case of disputes relating to the application of this Constitution, the provisions of the Statute shall prevail. 3.6 AMENDMENT OF THE This Constitution can only be amended with a 75% majority vote of the total membership of the during a meeting of the provided that the proposed amendment was properly tabled in accordance with and was included in the agenda of said meeting Any enfranchised member of the student community may propose any amendment(s) or addition(s) to the Constitution Proposed amendment to the Constitution must be submitted in writing to the President of the The must within a period of seven days from the date of receipt of the proposal hold a meeting to consider the merits of the proposed amendment and respond to the proposer within five days from the date of the consideration of the proposal The proposal for amendment of the Constitution shall be taken under consideration only after it has been submitted for attention at the office of the. Written proposals should be submitted during office hours at least two weeks before the opening of the meeting of the Proposed amendments to this Constitution must be communicated and debated by students in a mass meeting called for this purpose and then submitted to the Campus Senate Committee prior to approval by ISRC. Such approval shall then be communicated to students. 3.7 FINANCES The finances of the and all its sub structures are distributed or allocated and controlled according to the financial policy of the and the latter must be in line with the University Financial Policy pertaining to sub structures The treasurer shall be responsible for the correct administration of Council Grant The books of the shall be kept by the treasurer in conjunction with any staff member appointed by the University, subject to the approval of the The only persons authorized to sign financial transaction of the shall be a) The President b) The Secretary General c) The Treasurer Two signatures shall be required for all financial transactions All transaction shall be co-signed by the president All funds deposited into the Accounts by a substructure shall be recorded on an official receipt book. 13

14 3.7.8 Buying shall only be done by a substructure using funds from its grant, on an official university order form, which must be obtained from, and signed by the treasurer and the president who shall be obliged to check from the records available that the substructures has sufficient funds to cover the purchase The shall not be liable for payments to companies or businesses that have taken orders unofficially, i.e. without an official order form Reimbursement for personal monies spent by a sub substructure, shall only be done against vouchers produced proving such expenditure and verified by the Treasurer of the substructure The ownership of all assets acquired by a sub structures shall vest in the Auditors, appointed by the University, shall audit the books of the annually No Substructure shall undertake any financial or binding agreement. Notwithstanding the above, a has the right to conclude such contracts; however, prior approval must be obtained from the Vice-Chancellor, Vice-Principal or the Campus Registrar In case of disputes relating to the application of the financial policy, the university financial policy shall take precedence. 14

15 CHAPTER 4: ELECTION REGULATIONS 4.1 OBJECTS The objects of this Regulation are to provide for: a) A method of election which conforms with the principles of fairness, participation and democracy; b) Maximising the flow of information and ideas between the students and the candidates; c) Maximising the opportunities for student participation and control in the elections; d) Impartial administration of the elections by the Electoral Officer; and e) Administrative review of the actions of the Electoral Officer by a neutral tribunal. 4.2 ADMINISTRATION OF ELECTIONS The election is to be administered by the Electoral Officer Appointment and Removal of Electoral Officer The Electoral Officer must be appointed by the Dean of students or any person duly delegated by him/her or designated office and may not be removed from office except by the Dean of students acting in accordance with the recommendations of the Election Tribunal Qualifications of Electoral Officer The Electoral Officer must not be: a) A member or employee of the, University Council or Campus management ; b) A sibling, cousin, aunt, uncle, spouse, life partner or a relative either by affinity or consanguinity of any sitting member of the. c) A candidate in the, Member of Council, or Campus management in the previous five years. d) A candidate in any election at any Campus of the University in the previous five years Deputies and Assistants of the Electoral Officer The Electoral Officer may be assisted by such deputies and assistants as the Electoral Officer may authorise for the purpose of elections Independence of the Electoral Officer a) The electoral officer must maintain a high degree of independence in dispensing of his/her duties and it is the duty of all the structures of the University to give the officer the required cooperation and respect. b) The electoral officer shall not be directed, instructed or persuaded by any person or office within the University to act in any manner which may undermine or compromise his/her office impartiality and integrity Reviews by Election Tribunal a) The Dean of Students shall appoint members of the Election Tribunal to adjudicate over grievances during the elections and perform any duty by the power vested in it in terms of the election regulations. b) The Election Tribunal may review the actions and or conduct of the Election Officer. When reviewing the actions and or conduct of the Election Officer, the Election Tribunal may affirm, revoke or vary any action or decision of the Election Officer. 15

16 c) The Election Tribunal shall be empowered to hear and decide any query regarding the eligibility of the Election Officer and may make recommendations to the Dean of Students Composition of Election Tribunal The Election Tribunal shall consist of seven members; two lecturers from the Department of Political Studies, two lecturers from the Faculty of Law, one member of the Support Staff and two Post-graduate Students. 4.3 TIMING Ten days prior to the elections, the Dean of Students shall dissolve the outgoing and all powers and functions of the shall fall in his/her office until the election of the new The Electoral Officer is to observe the following intervals in conducting the election: PROCESS Notice of Election DAYS 5 (five) Publishing Voters' Roll 5 (five) conc. Nominations Publication of Nominees Screening of Nominees Publishing of Candidates Objections Canvassing Voting Counting Publication of Results Announcement of the new 1 (one) 1 (one) 1 (one) 1 (one) 1 (one) 1 (one) 2 (two) 4.4 NOTICE OF ELECTION The Electoral Officer shall announce the election by publishing a notice to that effect. 4.5 CONTENTS OF NOTICE OF ELECTION The notice of election must: a) List the portfolios in contention, the number of persons to be elected to each portfolio. b) Specify the form of nomination; and c) Fix a date, time and place at which nominations must reach the Electoral Officer. 4.6 NOMINATIONS Number of Candidates A nomination form may include one or more candidates. 16

17 4.6.2 Acceptance of Nominations. The Electoral Officer must not accept a nomination form unless: a) It is signed by the required number of students who have not signed more than two nominations. b) Each candidate included in the nomination form is eligible to stand for the relevant portfolio and has signed the nomination form. c) It is received by the Electoral Officer before the time fixed by the notice of election for the close of nominations; and d) It clearly specifies the portfolio for which each candidate is nominated. e) The nomination form reflects the name, surname, student number and signature of the seconder. f) Five students have seconded a nominee Receipt of Nominations The Electoral Officer shall submit the nominations forms to the Dean of Students Unopposed Candidates At the close of nominations, all unopposed candidates shall be declared elected for the portfolios by the Election Officer No substitute candidates shall be allowed. 4.7 DETERMINATION OF BALLOT-PAPER ORDER The Electoral Officer shall determine by lot the order of the lists of candidates on the ballot paper If a nomination form is defective, the Electoral Officer must notify the first available candidate included in the nomination form about a defect and such a defect may be remedied within a period of 12 hours of the close of nominations or 24 hours of the notice of defect whichever comes first Announcement of candidates The Electoral Officer shall announce the candidates for each portfolio by publishing a list of candidates including unopposed candidates on the election publication board or notice board designated for such purpose. 4.8 WITHDRAWAL OF NOMINATIONS Voluntary withdrawal of nominations Any candidate may withdraw from the election by giving to the Electoral Officer a written notice to that effect before the ballot papers are printed Automatic withdrawal of candidates a) A candidate elected to a preferred portfolio is to be withdrawn automatically from any other portfolio. b) A candidate who is nominated for more than one portfolio may, before the counting of the election results commences, give the Electoral Officer a written list of preferences of portfolios. c) A candidate who is nominated for more than one portfolio but does not, before commencement of counting, give the Electoral Officer a written list of preferences among those offices must be elected to the office for which s/he has attained the highest votes. 17

18 4.9 FORMATION OF LISTS Candidates who wish to be identified as a member of a group on ballot papers shall inform the Electoral Officer of this in writing prior to the close of nominations. This correspondence must be signed by all candidates who wish to be so grouped, and must indicate the name of the group DECISION MAKING BY LISTS A reference in this Regulation to an action or decision by a group shall be a reference to an action or decision by the majority of the candidates of the group at the time SIMILAR LIST NAMES The Electoral Officer shall refuse to accept a group name which is either identical with, or so similar as to be likely to be confused with, the name of a previously accepted group name, without the written consent of the candidates in the previously accepted group name PREPARATION OF BALLOT PAPERS Form of ballot paper The name of every group and every candidate must be printed on the voting paper in order determined by lot For each group candidate, the group name must be printed on the ballot paper The Electoral Officer shall ensure that each type of ballot paper is printed outside the Campus on a different colour paper, that a fixed and publicly known number of each type of ballot paper is produced, and that each ballot paper of particular type has one number from a numerical sequence mechanically printed on the underside of the ballot paper at the time of printing The Electoral Officer shall cause a record to be kept of the issue of each ballot paper. This record shall be available for reasonable scrutiny by group representatives/ agents/ at the end of each voting period. During the counting of the votes, the Electoral Officer shall balance the returned papers against those issued The Electoral Officer is to cause every ballot paper to be initialled by a person authorised for such purpose Where a ballot paper is lost or destroyed, a duplicate may be issued by the Electoral Officer on receipt of a request in writing from the voter METHODS OF VOTING Every voter must vote in person unless they are defined and alternatively provided for under the constitution The Electoral Officer shall arrange voting stations at visible and accessible locations in the Students Centre, or the Great Hall or a venue agreed upon by the parties or agents in the elections Each voting station shall be open on each Election Day for a period of ten hours from 10:00am On the first day of voting the Electoral Officer or a person authorised for the purpose by the Electoral Officer shall exhibit the ballot box as empty to any persons then present, and is then to lock the ballot box, and seal the lock If during the election day, it is necessary to use a new ballot box, the Electoral Officer or a person authorised in for the purpose by the Electoral Officer is to exhibit the ballot box as empty to any persons then present, and is then to lock the ballot box. 18

19 At the close of each voting session the Electoral Officer or a person authorised in for the purpose by the Electoral Officer to seal the ballot box and is then to exhibit the ballot box as sealed to any persons then present If, during the Election Day, it is necessary to use a new ballot box, the Electoral Officer or a person authorised in for the purpose by the Electoral Officer to seal the old ballot box and is then to exhibit the ballot box as sealed to any persons then present At the close of each voting session the Electoral Officer shall allow all persons in the queue to cast their votes SECURITY OF BALLOT BOXES The Electoral Officer is to cause the sealed ballot boxes containing the votes to be held by Campus security until the close of voting session The Electoral Officer may adjourn the counting of elections results from time to time and from place to place by notice fixed to the door of the counting place All sealed ballot boxes containing the votes are to be held by Campus security during any adjournment of the counting. 19

20 4.15 DECLARATION OF THE ELECTION The Electoral Officer must complete the count of each contested portfolio with reasonable time, and declare the candidate or candidates elected to each office Information to Members The Electoral Officer is to provide sufficient information as to the counting, and the issue and return of voting papers, to enable a member of the Election Tribunal to determine if there has been any breach of the constitution or these Regulations in relation to the election Finality of Declaration Unless, within 24 hours of the Electoral Officer declaring an election, a voter in the election submits a complaint to the Election Tribunal, the declaration of the election is final and conclusive as to the result of the election CAMPAIGN FUNDING The Dean of Students shall provide every candidate with paper and copying either on photocopier or commercial outlet where the hold an account for the sole purpose of the election LIST STATEMENTS A list may have a list statement not longer than the total of their individual entitlements; any surplus may be assigned to individual candidates by the list CAMPAIGN RULES The following practices by members or employees of the, or their associates, are prohibited in relation to the Election: a) Improperly influencing, interfering with or obstructing the Electoral Officer or a person authorized for any purpose by the Electoral Officer in performing functions imposed by the Constitution or this Regulation; b) Claiming knowingly to vote in an election for which the claimant is not eligible to vote; c) Using funds, stationery, equipment or supplies other than those authorized by this Regulation; d) Publishing election related comment or material in Students Publication or other official publications (other than candidates statements and voting instructions as provided and authorized by the Electoral Officer.) e) Using graffiti of a permanent nature; f) Using funds, stationery, equipment or supplies (including those allocated pursuant to section ) per candidate or per list; g) Making any misleading statement in oral or written form; h) Representing that they are officially endorsed by the, any Campus committee, the Council or its affiliates; i) Making any statement by way of leaflet, poster, sticker or graffiti or other means without first lodging a copy with the Electoral Officer or Deputy Electoral Officer and without stating the name and student number of the member responsible for the statement; j) Attempting (even though ineffectively) to engage in any prohibited practice. k) Assisting (even though ineffectively) any person to engage or attempt to engage in any prohibited practice Harassment a) Using harassment or intimidation of any kind during the course of the Campaign for the purpose of determining whether a candidate shall be warned, or disqualified after a third warning, the following acts are defined as harassment or intimidation: b) Sexist, racist or homophobic insults and gestures at students, campaigners, polling clerks or Electoral officer. 20

21 c) Shouting, screaming or talking over campaigners, students, polling clerks or Electoral officer. d) Physical assault or harassment such as, but not limited to, pushing, prodding, punching, pinching, physical following or slapping. e) Inducement: Promising, offering, suggesting, giving or taking a valuable consideration, advantage, recompense, reward or benefit in order to induce any candidature, or withdrawal of candidature, or a vote, omission to vote or any support of, or opposition to, any candidate, or any promise of such a vote, omission, support or opposition STATUTORY DECLARATIONS Every candidate of the elections must, within 24 hours of the close of voting, submit a statutory declaration to the Electoral Officer stating that they have not engaged in any practice prohibited by these Regulations Complaints a) Any candidate may submit a complaint to the Electoral Officer alleging that a person is guilty of engaging in a prohibited practice. b) The complaint must be in writing and state the facts and the grounds of objection as well as indicating which electoral Regulation may have been breached. c) A complaint shall ask for some specific remedial action to secure justice and equity, which may include the ordering of a new election or the conducting of a full recount of votes If, in the opinion of the Electoral Officer, the Electoral Regulations may have been breached but no specific complaint has been lodged to cover the breach in question, she/he may institute an investigation Penalties for Breach If, after hearing all sides, the Electoral Officer is satisfied that any candidate, group, individual, club, society or political grouping has infringed or has connived to contravene any of these regulations, she/he may do any of the following: a) Disqualify a candidate or group of candidates for the election in question. b) Order a new election. c) Disqualify a candidate or group of candidates for any election held, in consequence of a new election having been ordered. d) Order a re-counting of votes. e) Dismiss the matter. f) Take such action and/or make any rulings as she/he deems fit, subject to these regulations. g) The Electoral Officer shall not order a new election if she/he is satisfied that the result of the election would have been substantially the same despite the breach Appeals to the Election Tribunal Any candidate may lodge an objection or protest or complaint about the conduct or decisions of the Electoral Officer with the Election Tribunal in terms of this regulation ELECTION TRIBUNAL The Election Tribunal comprises a chair and 6 members who must be appointed by the Dean of students before the close of nominations for the Annual Elections The Chair of the Election Tribunal must be a member of the academic staff of the Campus and a legal practitioner. 21

22 The two members of the Election Tribunal must be postgraduate students, not otherwise involved in the election as candidate, nominator, deputy or assistant Electoral officer or in any manner that may be construed to compromise the impartiality of the Tribunal A meeting of the Election Tribunal for the exercise of its powers is constituted by the presence of 5 out of 7 of its members The Election Tribunal must deal only with complaints under the Regulation The chair of the Election Tribunal alone is to determine any question of law or any question of the interpretation of this Constitution and Election Regulations The whole of the Election Tribunal is to determine, by majority, any question other than a question determinable by the chair alone The Election Tribunal must conduct its meetings and decision making in accordance with the principles of fairness and natural justice Every complaint must be submitted to the Secretary of the Election Tribunal who must immediately forward them to the chair of the Election Tribunal The chair of the election Tribunal may dismiss the complaint as frivolous or vexatious without hearing the complainant If a complaint is not dismissed as frivolous or vexatious the Election Tribunal must, within 4 days, give an opportunity to be heard to: - a) The complainant; b) The respondent; c) Any other person it deems necessary or desirable to hear The Election Tribunal may accept the complaint and a) Dismiss the Electoral Officer and any or all Deputy Electoral Officer or election assistants/polling clerks. b) Appoint a new Electoral Officer for the remainder of the election in question or for any new election. c) Vary or overturn any decision of the Electoral Officer made under these Regulations. d) Remove any person from office within the. e) Disqualify any person from voting or nominating as a candidate in any election for a period of not more than three years The Dean of Students is to hear and determine any appeal made in writing against a decision of the election Tribunal within seven days of the decision being made In hearing and determining an appeal, the is subject to the same rules, mutatis mutandis, as the Election Tribunal. 22

23 APPENDIX A a) The contracts and/or agreements referred to in clause 2.10 of the Constitution of the is related to the following matters: b) The purchase or disposal of vehicles employed exclusively by the for the furtherance of organized student life. c) The purchase or disposal of office furniture, stationary and other necessary equipment for use by the or affiliated student bodies. d) The purchase and/or distribution of clothing with a view to further student life. e) Agreements concerning the reception and entertainment of visitors of the and/or the North-West University. f) Agreements concerning the printing and distribution of student publications. g) The employment and dismissal of persons in the service of the (subject to ratification by Council) in accordance with the human resources policies of the NWU. h) Agreements concerning the organizing of training of students with regard to aspects of leadership. i) The purchase or disposal of books, stationary, and equipment to students (without profit motive). j) Agreements concerning the creation of recreational opportunities for the student community. k) Agreements concerning the organizing of tours for the promotion of the image of the NWU and in the interest of the student community. Sunset Clauses 1. Students structures shall develop policy on recall clause 2. shall develop recognition policy of students political structures 3. shall develop policy on funding 4. shall develop policy on meeting of students structures 5. shall develop a policy on meeting with students 6. shall establish student parliament 23

24 Signed on this...day of By... (Acting President of 2008/9: Pogiso Lethobeng) Witnesses:... (Secretary of Academic Affairs of 2008/09: Bonolo Moeketsi)... (Secretary of Postgraduate & Legal Affairs of 2008/09: Rorisang Sibilanga) 24