Legon Hall Junior Common Room. University of Ghana, Legon. Constitution

Transcription

1 Legon Hall Junior Common Room University of Ghana, Legon Constitution January 2011

2 TABLE OF CONTENT THE PREAMBLE CHAPTER Page 1. THE CONSTITUTION MEMBERSHIP THE EXECUTIVE COUNCIL LEGAL ADVISOR FLOOR CAPTAINS/LANDLORDS AND LADIES CONGRESS THE JUDICIAL BOARD ELECTORAL COMMISSION FINANCE OF THE JCR JCR MEETINGS JCR COMMITTEES AMENDMENTS MISCELLANEOUS 34 SCHEDULES 1. The Presidential Oath 2. Executive officers Oath 3. Oath of Congress 4. The Judicial oath 5. The Legal Advisor s Oath 6. Committee/Commission oath i

3 IN THE NAME OF THE ALMIGTHY GOD, We the members of Legon Hall Junior Common Room, (the Premier Hall) of the University of Ghana, DESIRING to establish for ourselves a framework of government for the promotion of our welfare; SEEKING to improve and promote the academic and socio-cultural wellbeing of the Junior Common Room and the University in general; DETERMINED to improve and to secure for ourselves a Constitution which shall ensure Justice, Fairness and Equality to all members of the Legon Hall Junior Common Room; DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. ii

4 THE CONSTITUTION ARTICLE 1 CHAPTER ONE SUPREMACY OF THE CONSTITUTION: (1)This Constitution shall be the supreme laws of members of Legon Hall JCR for whose welfare the powers provided herein are to be exercised for the proper administration of the JCR. (2) Any act or enactment that is inconsistent with any provision(s) of this Constitution shall to the extent of the inconsistency be null and void. (3) Without prejudice to clause (1) of this Article this Constitution shall be subject to the SRC Constitution, Statutes of Legon Hall, the University of Ghana and the Constitution of the Republic of Ghana. ARTICLE 2 ENFORCEMENT OF THE CONSTITUTION (1) A member who alleges that an enactment or anything done or omitted is inconsistent with or in contravention of this constitution may bring an action to the Judicial Board of the JCR for a declaration to that effect. (2) The Judicial Board shall for the purpose of clause 1 of this article, make such orders or give directions as it may deem appropriate. (3) Any person(s) to whom such orders are made under clause 2 of this article shall duly obey and carry out the terms of the order or direction. (4) Any person who fails to obey such orders or directions shall face appropriate sanctions prescribed by the Judicial Board and in the case of Executive Officers constitute grounds for removal from office. ARTICLE 3 DEFENCE OF THE CONSTTITUTION (1) Every member of the JCR is obliged to obey, protect and preserve this Constitution. (2) It shall be unlawful for any member of the JCR or group of persons to engage in activities that suppress the enforcement of this constitution. 1

5 CHAPTER TWO MEMBERSHIP ARTICLE 4 Any student of the University of Ghana assigned to Legon Hall as a resident student of the Hall and duly registered by the Hall authorities as such, shall be a member of the Legon Hall JCR. ARTICLE 5 RIGHTS OF MEMBERS (1) All members of the JCR shall have the Right to participate in all general activities of the JCR. (2) All members of the JCR shall enjoy the Rights recognized by the University of Ghana in general and Legon Hall in particular without any discrimination whatsoever. ARTICLE 6 DUTIES OF JCR MEMBERS (1) Members of the JCR shall at all times; (a) uphold and defend the Constitution of the JCR. (b) fulfill all financial obligations to the Hall. (c) refrain from conducting themselves in such a manner as to willfully cause financial loss to the JCR. (d) co-operate with the Hall authorities and the executive of the JCR to promote the welfare and well-being of all members of the JCR. (e) protect and safeguard the Hall and its environment and property. (f) respect and obey all regulations of the Hall (g) protect, respect and safeguard the Security and Rights of other members of the JCR at all times. (h) refrain from all acts which are detrimental to the development of the Hall. (i) conduct themselves properly within or without the Hall. (2) No member of the JCR shall use the property of the JCR or the Hall for his/her personal gain without permission from the JCR Executive Council and the Senior Hall Tutor. (3) Any of the following penalties may result from a breach of this article where applicable; (a) impeachment (b) liability to the extent of financial loss caused to the Hall. (c) recommendation for the withholding of exams results and Degree. (d) recommendation for the denial or revocation or residential status. 2

6 CHAPTER THREE THE EXECUTIVE ARTICLE 7 (1) The Executive Powers of the JCR shall be vested in an Executive Council which shall comprise the following; (a) the President (b) the Vice President (c) the Secretary (d) the Treasurer (e) the Sports Secretary and (f) the Organizing Secretary ELIGIBILITY AND QUALIFICATION (2) (a) Members of the JCR Executive Council shall be popularly elected into office. (b) They shall hold office for a term of one academic year only and shall not be eligible for re-election. (c) A person shall be qualified for election to any of the offices of the Executive Council if he is a member of Legon Hall JCR and has spent not less than a year in the University and is at Level 300. APPOINTMENT BY EXECUTIVE COUNCIL (3)(a) The Executive Council shall appoint a person for the position of Legal advisor subject to the approval of Congress. (b) The Legal Advisor shall be an LLB student of the University of Ghana attached to the Hall. (c) Where no LLB student is attached to the Hall, the Executive Council in consultation with the Law Students Union President shall with the approval of congress appoint a competent LLB student to take up that position. (d) The Executive Council shall appoint the Electoral Commissioners and Chairpersons and members of the various committees and boards subject to the approval of Congress. (4)(a) A member of the JCR shall not be eligible to hold any of the offices mentioned in Article 7(1), if found guilty of any offence involving dishonesty or an act that brings the name of the JCR or the Hall into disrepute by any court of law, the University, a board of the SRC or the JCR of Legon Hall. (b) A person shall not be qualified to contest for any of the offices in Article 7(1) if i. he is a language student who shall leave for a year abroad programme during his/her tenure of office. ii. he is in the final year of his course of study in the University. iii. he is a post graduate student. 3

7 ARTICLE 8 FUNCTIONS OF THE EXECUTIVE COUNCIL (1) The Executive Council shall be responsible for- (a) the planning, organization and coordination of the socio-cultural and intellectual activities of members of the JCR in accordance with this constitution. (b) the representation of the views of the JCR to appropriate bodies. (c) establishing links and maintaining cordial relationships with students in other Halls of the University and other universities, educational, voluntary and other institutions within and outside the Hall. (d) promoting cordial relationship with all sections of the University community and maintaining good relationship with past students of the Hall. (e) receiving from representatives of the Hall and communicating to members of the JCR, information and decisions arrived at non-jcr fora. (f) taking decision on matters referred to it by the JCR and reporting back to the JCR on actions taken on such matters. (g) the nomination of persons for the appointment to committees and other bodies established under this constitution not later than five (5) weeks after assuming office. (h) ensuring that funds are available for the running of the various offices, committees and bodies under this constitution. (i) the preparation, publication and presentation to members of the JCR at the end of their tenure of office of a comprehensive annual report and recommendation for the guidance of succeeding Executive Council. (j) entering into contractual agreement(s) on behalf of the JCR (2) Members of the Executive Council shall where necessary stay on campus during vacations to pursue JCR activities. The President (3) There shall be a President of the JCR who shall- (a) be the chief spokesman of the Executive Council and all members of the JCR and a link between the JCR and the hall authorities. (b) in consultation with the Executive Council, shall call all JCR meetings. (c) preside over all meetings of the Executive Council. (d) subject to this constitution represent the JCR on all Hall, SRC and University Committees where the JCR is required to be represented. (e) present to Congress the current state of the JCR at a congress meeting called for that purpose at least twice a semester. (f) in consultation with the Executive Council shall appoint members to various committees and boards at the JCR level. (g) before assuming office, take and subscribe before the JCR of Legon Hall, at a public gathering, the Presidential Oath set out in the first schedule of this constitution. 4

8 The Vice President (4) There shall be a Vice President who shall; (a) act in the absence of the President. (b) represent students on the Tutorial board. (c) perform other functions as may be assigned by the President. (d) be the Chairperson of the Welfare Committee. (e) before assumption of office, take and subscribe before the JCR at a public gathering the Vice Presidential Oath as set out in the first schedule of this constitution. The Secretary (5) There shall be a JCR Secretary who shall; (a) take charge of all correspondence of the JCR. (b) be the Chairperson of the Editorial Board (c) with the consent of the President and/or the Executive Council convene and organize all general and executive meetings of the JCR. (d) at all meetings of the JCR and of the Executive Council keep records of proceedings and in the case of JCR meetings, publish the minutes not later than seventy two (72) hours after the said meeting. (e) ensure that all members of the JCR have access to the JCR Constitution. (f) be responsible for putting up all general JCR notices. (g) for the purpose of clause (f) above, put up all notices at least 24 hours prior to the commencement of the said event. (h) perform other function(s) as assigned by the President or the Executive Council provided such function(s) are not inconsistent with this Constitution. (i) before assuming office, take and subscribe before the general student body of the JCR at a public gathering, the Executive Officers Oath set out in the second schedule to this constitution. The Treasurer (6) There shall be a Treasurer who shall; (a) be a student with an Accounting background. (b) receive all funds accruing to the JCR and disburse same in collaboration with the Executive Council and the Finance Committee with the approval of Congress (c) with the Finance Committee and in consultation with the Executive Council, be responsible for the financial transactions concerning the JCR in accordance with this constitution. (d) together with the JCR Executive Council prepare the budget and financial accounts of the JCR. (e) be subject to audit by the Audit Board at the end of each semester which shall be duly published and displayed on all notice boards. (f) without prejudice to 6(e), submit himself to auditing by the Audit Board not later than six(6) weeks before the end of the semester. 5

9 (g) prepare a true and a very detailed statement of accounts covering the period of office of the JCR executives before handing over to the newly elected executives. (h) together with the President and the Senior Hall Tutor be signatories to all JCR Bank Accounts of the Hall. For the avoidance of doubt, it is hereby declared that, all three officers mentioned are mandatory signatories to the Hall s JCR Accounts. (i) perform other function(s) as assigned by the President or the Executive Council provided such function(s) are not inconsistent with this Constitution. (j) before assuming office, take and subscribe before the general student body of the JCR at a public gathering, the Executive officers oath as set out in the second schedule of this constitution. The Sports Secretary (7) There shall be a Sports Secretary who shall; (a) be the chairperson of the Sports committee (b) take charge of all sporting activities and equipment of the Hall (c) arrange for the adequate training and welfare of all members of JCR engaged in sporting activities. (d) initiate and draw up programmes for sports motivation in the Hall. (e) perform other function(s) as assigned by the President or the Executive Council provided such function(s) are not inconsistent with this Constitution. (f) before assuming office, take the executive officers oath as set out in the Second Schedule of this Constitution The Organizing Secretary (8) There shall be an Organizing Secretary who shall- (a) be the Chairman of the Organizing Committee. (b) be the Chairman of the Hall Week Planning Committee. (c) in consultation with the Executive Council, coordinate all major events in the Hall. (d) perform other function(s) as assigned by the President or the Executive Council provided such function(s) are not inconsistent with this Constitution. (e) before assuming office, take and subscribe before the general students body of the JCR at a public gathering, the Executive officers oath as set out in the Second Schedule of this constitution ARTICLE 9 EMOLUMENTS (1) The emolument of the executive officers shall be - (a) in conformity with Article 8(2) of this Constitution and the said executive officers shall be entitled to a sum of money for their welfare. (b) a sum of money payable on a daily basis subject to the approval of Congress. (2) Without prejudice to Article 8(2) of this Constitution, any person(s) required to stay on campus during the vacations to work for the JCR shall be entitled to a sum of money as approved by Congress. 6

10 ARTICLE 10 REMOVAL FROM OFFICE (1) An Executive Officer shall be removed from office if found to have: (a) acted in violation of this Constitution or the oath of office set out in the first and second schedules as the case may be. (b) conducted him/herself in a manner; i. which brings or is likely to bring the high office of the Executive Officer into disrepute, ridicule or contempt OR ii. prejudicial or inimical to the interest of the JCR (c) been incapable of performing his/her functions of his office by reason of infirmity of body or mind OR (d) embezzled funds or recklessly handled the finances of the JCR OR (e) been incapable or inefficient or negligent in the discharge of his/her duties. IMPEACHMENT (2) For the purpose of impeachment of any Executive Officer(s)- (a) a representation of three hundred (300) members comprising at least 20 resident members from each block shall in writing, petition the Judicial Board to institute impeachment proceedings against any member(s) of the Executive Council. (b) such persons shall provide their names, student identification numbers, levels and courses of study. (c) the Executive(s) in question shall be served with a copy of the petition at least seventy two (72) hours before the determination of whether or not there is a prima facie case. (d) three (3) justices of the Judicial Board including the Chairperson shall hear and determine a prima facie case within five (5) days. (e) where a prima facie case has been established, the full panel of the board shall hear and determine the case on its merits and the executive(s) in question shall be entitled to be heard in defense. (f) the ruling of the Judicial Board shall be published within forty-eight (48) hours after it is given. (g) where the said officer(s) is dissatisfied with the court s ruling, an appeal shall lie as of right to the SRC court within forty-eight (48) hours of the said ruling. (h)where the ruling of the Judicial Board goes against the said executive member(s), the chairperson of the board shall, in collaboration with the Electoral Commission convene a special JCR forum within seventy-two (72) hours after it is given. (i) two-thirds (2/3) majority of total number of JCR members present at the forum and voting must be in favour of the impeachment for the process to be complete. VOTE OF NO CONFIDENCE (3) For the purpose of a vote of no confidence in any Executive Officer(s)- (a) the process shall commence by a motion of congress supported by no less than onethird of all members of Congress. 7

11 (b) the motion shall be accompanied by a statement in writing setting out in detail the facts and the reasons why the said Executive Officer(s) should be removed from office. (c) the Speaker of Congress shall immediately inform the Judicial Board and deliver the notice attached to the motion to the Chairperson of the Judicial Board for the allegations contained therein to be investigated. (d) three (3) justices of the Judicial Board including the Chairperson shall sit and determine whether there is a prima facie case for the removal of the executive officer(s). (e) the said Executive Officer(s) shall be entitled to be heard in their defence in the course of the proceedings. (f) where the Judicial Board determines that there is a prima facie case for the removal of the said Executive Officer(s) the Judicial Board shall immediately through the chairperson inform Congress of its findings through the Speaker. (g) the speaker shall notify the electoral commissioner who shall convene a JCR forum within forty eight hours to complete the vote of no confidence. (h) two-thirds (2/3) of majority of the total number of the JCR members present at the forum and voting must be in favour for the process to be complete. CASE OF REMOVAL (4) In the event of removal from office of any Executive Officer(s) the following shall apply: i. in the case of the removal of President from office or his resignation or his inability to discharge his duties under this constitution, the Vice President shall assume the office of the President. ii. in the case of the Vice President assuming the office of the President the Executive Council shall nominate a member from the JCR who is not a member of congress to take up the office of Vice President subject to approval of Congress. iii. in the case of the removal of the President and the Vice President or their resignation or inability to discharge the powers and functions of the said offices, the Secretary shall act pending the calling of elections within twenty one (21) days. iv. where any other Executive member is removed from office or resigns or is unable to discharge the powers and functions of office as stated in this constitution, the Electoral Commissioner shall conduct new elections within twenty one (21) days to fill the said vacant offices. v. where the Executive Council en bloc has been removed from office or has resigned or are unable to perform their functions as stated in this constitution, the Speaker of Congress with the support of at least five (5) Congressmen duly elected by Congress shall act pending the calling of elections within twenty one (21) days. vi. any member of the Executive Council who decides to resign may do so by writing under his hands and addressed to the Speaker of Congress and Copied the Judicial Board and the Executive Council, a letter stating reasons for the resignation. vii. he shall surrender to the Speaker of Congress all property of the JCR in his Custody. viii. he shall submit to the Audit Board for immediate audit all statements of accounts and financial transactions undertaken by his office within twenty four (24) hours. ix. Notwithstanding the provisions above, no Executive member(s) shall resign when proceedings for impeachment or Vote of No Confidence have been initiated. 8

12 CHAPTER FOUR THE LEGAL ADVISOR ARTICLE 11 (1) There shall be a Legal Advisor to the JCR who shall- (a) be an LLB student and be appointed in accordance with Article 7(3) (a) not later than Four (4) weeks after assuming office. (b) draw up and be a signatory to all legal documents of the JCR (c) be the chief advisor and lead Counsel to the JCR on all Legal matters. (d) perform any other function(s) assigned to him by the JCR President insofar as it is consistent with this Constitution. (e) before assuming office as a Legal Advisor take and subscribe the Legal Advisor s oath as set out in the Fifth Schedule of this Constitution. (2) EMOLUMENTS Anytime the Legal Advisor makes representation on behalf of the JCR, he shall be entitled to allowances which shall be determined by the Executive Council subject to the approval of Congress. 9

13 CHAPTER FIVE FLOOR/BLOCK REPRESENTATIVE/ LANDLORDS/LANDLADIES ARTICLE 12 (1) All floors shall elect from among its members a representative who shall exercise the functions and duties assigned to him by this Constitution. (a) Each floor of Annexes A and B shall elect a representative (b) Annex A and B shall however elect a landlord and landlady respectively (c) Each floor of a long block in the main Hall shall elect a representative. (d) Each short block in the main Hall shall elect a representative. (e) The Electoral Commission shall conduct floor and block elections a week prior to the general elections of the JCR Executive Council. FUNCTIONS AND DUTIES OF FLOOR/BLOCK REPRESENTATIVES (2) (a) The floor/block representatives shall receive general and individual complaints from members of the floors and shall take steps to ensure the prompt resolution of such complaints. (b) The floor/block representatives shall be responsible for promoting and enhancing sanitation, security and discipline on the floors. (c) The floor/block representatives shall promote and enhance the general welfare and happiness on the various floors. (d) The floor/block representatives shall be the representatives of their floor/blocks at congress. (e) Subject to the provisions of this Constitution, each floor/block representative shall, in consultations with the members of the floor have the power to formulate and execute such policies as are necessary for the smooth running of all matters pertaining to the floors. FUNCTIONS OF LANDLORDS/LANDLADIES OF ANNEXES (3) The Landlord OR Landlady shall; (a) act generally on behalf of their respective blocks and shall be the mouthpiece of their respective blocks on all matters in respect of sanitation, security and discipline on their respective blocks. (b) be responsible for the coordination and supervision of the work of Floor Representatives of the Annexes. (c) be the representatives of the Blocks at Congress. ARTICLE 13 REMOVAL FROM OFFICE Any floor/block representative, landlord or landlady shall be removed from office only insofar as two-third (2/3) majority of the members of the floor or block present and voting are satisfied that 10

14 the said floor/block representative, landlord or landlady failed to discharge his/her duties under this Constitution or where his/her conduct is inimical to the welfare and development of members of the floor or block. Voting shall be supervised by the Electoral Commission. 11

15 CHAPTER SIX ARTICLE 14 CONGRESS MEMBERSHIP (1) There shall be a Congress which shall be the Legislature of Legon Hall JCR. Membership of Congress shall include- (a) landlord and landlady of annex A and B respectively (b) five(5) representatives to the General Assembly of the SRC (c) floor /block representatives of the main hall (d) five(5) floor representatives of each of the Annexes (2) Membership of Congress shall be limited to thirty five (35) only ELIGIBILITY (3) Subject to the provisions of this article, a person shall not be qualified to be a member of Congress unless he is affiliated and registered with Legon Hall. (a) No person shall be a member of Congress ifi. he has been found guilty of any offence involving dishonesty by any Court of law, tribunal or committee of Enquiry of the JCR, the Hall or the University of Ghana. ii. he has been adjudged or declared to be of unsound mind. (b) Representatives to the SRC General Assembly from Congress CANNOT hold any office in Congress. FUNCTIONS OF THE LEADERSHIP OF CONGRESS THE SPEAKER (4) The Leadership of Congress shall comprise the Speaker, the First Deputy Speaker and the Second Deputy Speaker. (a) The Speaker shall perform the following functions; (i) chair all Congress meetings. (ii) introduce each item on the agenda and open the floor for debates in the House. (iii) ensure that meetings are conducted in an orderly manner. (iv) except in emergency and extraordinary situations, consult with the Congress leadership to draw up the agenda for all meetings. (v) shall be a representative of the JCR at the Hall Council together with the JCR President and the Vice President. (vi) shall together with the JCR president regularly update the Senior Hall Tutor on JCR activities. FIRST DEPUTY SPEAKER (b) There shall be a First Deputy Speaker of Congress who shall be the Secretary of Congress. He shall perform the following functions; 12

16 i. take minutes of all Congress meetings and ensure that minutes of meetings are published and made available to members of the JCR. ii. notify Congressmen in advance of impending Congress meetings. iii. act in the absence of the Speaker. SECOND DEPUTY SPEAKER (c) There shall be a Second Deputy Speaker of Congress who shall be the Deputy Secretary of Congress. He shall perform the following functions; i. assist the Congress secretary in the discharge of his/her duties ii. ensure that the venue for a Congress meeting is prepared iii. ensure that minutes of Congress meetings are put on all notice boards of the JCR within 72hrs after a Congress meeting. iv. perform any other functions as directed by the Speaker v. he shall act as Speaker in the absence of the Speaker and the First Deputy Speaker (d) Before assuming office, the leadership of Congress shall take and subscribe to before Congress, the oath of office as set out in the Third Schedule of this constitution. FUNCTIONS AND POWERS OF CONGRESS (5)(a) Congress shall discuss and approve the budget of the JCR with such amendments as it may deem fit (b) Congress shall cooperate with the Executive Council in the initiation and execution of all JCR programmes (c) Congress shall make recommendations to the appropriate authorities through the President for the improvement of academic and social facilities. (d) Congress shall approve the emoluments due Executive members and any other person(s)/body as well as all transactions which are subject to the approval of congress under this Constitution. (e)congress shall have the power to summon any JCR member including the Executive Council members except the Judicial Board whenever it is deemed necessary. (f) Congress may by a motion supported by the votes of not less than 2/3 of the members of Congress present, pass a Vote of Censure on a head(s) of committee(s) or any Executive officer(s). (g)the motion shall be debated in congress at an extraordinary sitting called for that purpose. (h)the said committee head(s) or Executive officer(s) in respect of whom a Vote of Censure is debated under clause (f) of this article shall be entitled during the debate to be heard in defence. (i)where a Vote of Censure is passed against a head(s) of committee under this article the President may, unless the committee head resigns his office, revoke the appointment. (j)where a Vote of Censure is passed against an Executive Council member(s), Congress may proceed with a Vote of No Confidence proceedings. (k) Congress shall have the power to sanction its members for disorderly behavior or absence from meetings in accordance with laid down procedures of congress. (l) Members of Congress shall not receive any monies as financial reward or sitting 13

17 allowance but shall be entitled to any form of motivation as approved by Congress in consultation with the Executive Council. MEETINGS (6) (a) Congress shall assemble at least once every four (4) weeks. (b) The First Deputy Speaker shall, in writing, notify members of such meeting specifying the agenda not less than two (2) clear days before the said meeting. (c) The Speaker and any other nineteen (19) members shall form a quorum for the meeting. (d) Congress shall keep records of its proceedings and publish same seventy-two (72) hours after the meeting(s) except such parts that reasonably require secrecy (e) Except as otherwise provided in this Constitution, matters in congress shall be determined by the votes of the majority of members present and voting, with at least half of all the members of congress present. (f) The Speaker of congress shall have no vote. (g) There shall be Standing Orders of Congress that shall guide the conduct of Congress meetings. (h) Congress shall determine the procedure for the conduct of its business. EMERGENCY MEETINGS (7) (a) Notwithstanding Article 14(6) (a) of this constitution, the Executive Council, the leadership of Congress or any other twelve (12) members of Congress may request an emergency meeting and the Speaker shall within twenty-four (24) hours summon congress after receipt of a request in writing with an agenda attached. (b) Without prejudice to 14(6)(c) the Speaker and any other fifteen (15) members shall form a quorum for any emergency meeting. (c) For the purposes article 14(7)(a) the agenda for an Emergency meeting shall be limited to matters already before congress or matters deferred to be debated by congress. ELECTION OF LEADERSHIP OF CONGRESS (8)(a) The Leadership of Congress shall be elected at the beginning of the term of Congress at a meeting called for that purpose. (b) Congress shall nominate a person from within or outside congress for the position of Speaker (c) In pursuance of article 14(8) (b), where a congress member is elected as Speaker of Congress the said member shall vacate his seat as member of Congress and the said vacancy shall be filled in accordance with this constitution. (d) Eligibility for the position of Speaker of congress shall be the same as a member of congress or a person who qualifies to be elected as a member of congress except for persons who have contested for any JCR Executive position. RESOLUTIONS (9) (a) A resolution passed by Congress shall be assented to by the President. 14

18 (b) Where such a Resolution is presented for assent, the President shall signify within seven (7) days thereof to the Speaker of Congress whether the Resolution would be assented to or otherwise. (c) Where the President refuses to assent to the resolution, he shall, within three (3) days of the refusal state in a memorandum to the speaker of Congress, specific provisions in the Resolution which in his opinion should be reconsidered including his recommendation(s) for consideration by Congress. (d) Congress shall reconvene to consider the recommendations made by the President on its merits. (e) Where the Resolution has been reconsidered and passed by a two-thirds (2/3) majority of no less than twenty-five (25) members of Congress, it shall be sent back to the President who shall assent to it within forty eight (48) hours after the receipt of the said Resolution. APPOINTMENTS (10)(a) All appointments of the Executive Council shall be subject to the approval of Congress at a meeting called for that purpose. (b) In the case where Congress rejects an appointment made by the Executive Council, Congress, through the Speaker, shall forward reasons for the action to the Executive Council. VETTING COMMITTEE (11)(a) There shall be a Vetting Committee which shall be a standing committee of Congress and shall be constituted by seven (7) members. (b)the Committee shall elect its Chair at its first meeting. (c) The committee shall be responsible for the vetting of the following: i. General Assembly members ii. Nominees for JCR Committees/Commissions and Boards iii. The Legal Advisor RESIGNATION (12)(a) Any member of Congress who wishes to resign may do so in writing under his hand addressed to the Speaker of Congress through the Deputy Speakers. (b) Where the Leadership of Congress wishes to resign en bloc, they shall do so in writing under their hands to the Executive Council. (c) The Speaker of congress shall vacate his/her position by writing signed by him/her and addressed to the first deputy speaker and copied to the Executive Council and the Judicial Board. REMOVAL FROM OFFICE OF THE LEADERSHIP OF CONGRESS (13) An Executive of congress shall be removed from office if found, in accordance with the provisions of this article to; (a) have acted in violation of this Constitution or the oath of office set out in the third schedule as the case may be. (b) have conducted himself/herself in a manner 15

19 i. which brings or is likely to bring the high office of the executive officer into disrepute, ridicule or contempt OR ii. prejudicial or inimical to the interest of Legon Hall Congress of the JCR (c) be incapable of performing his/her functions of his office by reason of infirmity of body or mind OR (d) have embezzled funds or recklessly handled the finances of the JCR OR (e) be inefficient or negligent in the discharge of his/her duties. REMOVAL FROM OFFICE OF MEMBERS OF CONGRESS (14) Members of Congress shall be removed from office on the following grounds- (a) failure to attend three (3) general meetings of Congress within the semester without assigning reasonable grounds for his/her failure to attend such meetings. (b) failure of G.A members to attend three (3) general meetings of the SRC general assembly within a semester without assigning reasons to Congress for their failure to attend such meetings. (c) if he conducts himself/herself in a manner likely to bring the good image of Congress and the Hall into disrepute. (d) if he/she is removed from office as floor/block representative or landlord/landlady. VACANCY (15) (a) Where a vacancy occurs in Congress, the speaker shall notify the Electoral Commissioner of the said vacancy (ies) and the provisions of Article 12 (1) shall apply to fill the said vacancy (ies). (b)in the case of a non-resident s seat, the speaker shall open up fresh nomination to fill the said vacancy (ies) TENURE OF OFFICE OF CONGRESS MEMBERS (16) (a) Congress shall be dissolved at the end of the tenure of office of the incumbent Executives. (b) Congress members including the Speaker of Congress may hold office for more than one (1) term. 16

20 CHAPTER SEVEN ARTICLE 15 THE JUDICIAL BOARD MEMBERSHIP (1)(a) There shall be a Judicial Board of the JCR which shall consist of five (5) members at least three (3) of whom shall be pursuing an LLB programme. (b) Members of the Board shall be appointed by the Executive Council subject to the approval of Congress. (c) Upon its approval, the President in consultation with the Executive Council shall appoint a Chairperson who shall be an LLB student from among the members. (d) No student shall be qualified as a member of the Judicial Board unless he/she is of a high moral standing and proven integrity. (e) Before assuming office, the members of the Judicial Board shall take and subscribe to the Judicial Oath as set out in the Fourth Schedule of this Constitution. INDEPENDENCE OF THE JUDICIAL BOARD (2) (a) In the exercise of its functions, the Judicial Board shall be subject to this Constitution, the SRC Constitution, the Statutes of University of Ghana and the National Constitution only and shall not be subject to the control, influence and interference of any person, body or institution in the Hall. (b) The Executive Council, Congress or any other body shall be obliged to accord the Judicial Board such assistance as the Board may deem necessary to protect the Independence, Dignity and Effectiveness of the Judicial Board, subject to this Constitution. (c) No member of the Judicial Board shall be held liable for any act of omission or commission in the exercise of his/her function. (d) the members of the Judicial Board shall be called JUSTICES JURISDICTION (3) The Judicial Board shall have jurisdiction over the following- (a) every matter relating to the enforcement or interpretation of this Constitution or any other law, rule or regulation of the JCR. (b) every matter where a member of the JCR is alleged to have acted ultra vires the powers conferred on him/her by this Constitution of any other rule or regulation of the JCR. (c) every matter where it is alleged that a member of the JCR acting on a JCR board or committee has acted in such a manner as to bring the name of the JCR and the Hall into disrepute. (d) on all matters relating to the conduct of elections in Legon Hall under this Constitution. (e) impeachment and Vote of No Confidence proceedings against any member of the Executive Council. 17

21 (f) for the purposes of hearing and determining a case or matter within its jurisdiction, the Judicial Board shall have power to do such things as shall be reasonably necessary thereto including the issuing of the PREROGATIVE WRITS, or ORDERS of MANDAMUS, CERTIORARI, PROHIBITION, QUO WARRANTO, DECLARATION and INJUNCTIONS and issue directions for the purposes of enforcing or securing the enforcement of its powers. (g) without prejudice to this Article, three (3) members of the Judicial Board shall have jurisdiction to hear any matter in the first instance. (h) where the jurisdiction of the board is invoked by a notice to the Chairperson of the Board and where applicable by the other parties, the Judicial Board shall sit on the matter within seventy-two (72) hours. (i) an appeal shall lie from a decision of the Judicial Board given under Article 15(3)(f) to the full panel of the Committee whose decision shall be final. (j) without prejudice to 15(3)(i), any person(s) dissatisfied with the verdict of the full bench shall have a right of appeal to the SRC court within seven (7) days. (k)without prejudice to any provision in this Constitution, the decision of the Judicial Board on matters of interpretation of this Constitution shall be final and conclusive. (l) for the purposes of its work, it shall be lawful for the Judicial board to subpoena any person including members of the Executive Council to appear before it. (m) The Judicial Board shall adopt its own procedure for exercising its powers. (4) EMOLUMENT Justices of the Judicial Board shall be entitled to sitting allowances which shall be determined by Congress. (5) MODE OF EXERCISING JUDICIAL POWER (a) In all matters unless specifically provided to the contrary, the decision of the board shall be by simple majority. (b) The Judicial Board shall, in the exercise of its functions, be bound to give written reasons for its decision(s). (6) RIGHT TO COUNSEL Any person appearing before the Judicial Board shall have the right to a Counsel provided that such a counsel is a student of law of the University of Ghana. (7) VACATION OF OFFICE (a) A Justice shall hold office for a period of one academic year only and shall not hold any other office in the JCR at the same time. (b) A member of the Judicial Board shall cease to hold office if; i. he resigns by writing under his hand addressed to the Executive Council through the President. ii found to have behaved in such a manner as to bring his office into disrepute. 18

22 iii. he is unable to perform the functions of his office whether arising from infirmity of body or mind. These findings must have been done by a Committee of Enquiry set up by the JCR. 19

23 CHAPTER EIGHT THE ELECTORAL COMMISSION ARTICLE 16 (1) There shall be an Electoral Commission which shall consist of; (a) a Chairperson who shall be the Electoral Commissioner of Legon Hall JCR. (b) three (3) Deputy Chairpersons who shall represent the main Hall, Annex A and Annex B respectively. (c) members whose appointment shall be by the Executive Council with the approval of Congress. (2) Members of the Commission shall not hold any other office in the JCR. QUALIFICATION AND ELIGIBILITY (3)(a) i. Any registered member of the JCR in level three hundred (300) shall qualify to be Chairperson of the Electoral Commission. ii. For the position of Deputy Electoral Commissioners, members shall be in level 200 or 300. (b)any person found guilty of any offence involving dishonesty by any court or commission of the JCR, Legon Hall and the University of Ghana shall not qualify to be a member of the Electoral Commission. (c)no student shall qualify as a member of the Electoral Commission unless he is of high moral character and proven integrity. (4) ASSUMPTION OF OFFICE The Electoral Commission shall assume office four (4) weeks after re-opening of the first semester and shall hold office for one academic year only. (5) FUNCTIONS OF THE ELECTORAL COMMISSION The Electoral Commission shall be responsible for the; (a) conduct and supervision of all JCR elections in Legon Hall. (b) election of the Speakers of Congress. (c) creation of political awareness among JCR members in collaboration with the Publicity Committee (d) making of rules and regulations for the conduct of elections in the Hall. (6) THE ELECTORAL COMMISSIONER (a) He shall be the chairperson of the Electoral Commission. (b) He shall invite candidates to file their nominations. (c) He shall publicly display a copy of the nomination papers received on the notice boards twenty four (24) hours after the close of nominations and such nomination papers shall remain on the notice boards until elections commence. 20

24 (d) He shall be responsible for the supervision of voting procedures, counting and declaration of results. (e) He shall declare the final results within forty eight (48) hours after the elections. (f) In accordance with this Constitution, He shall have the power to determine if an electoral regulation has been breached and shall reasonably impose such sanctions as he deems necessary. (7) ELECTORAL RULES AND REGULATIONS (a) A Candidate for election as an officer of the JCR shall be nominated by a member of the JCR. Such nomination shall be seconded by ten (10) members of the JCR who shall have their names, levels, ID numbers against their appended signatures on the nomination forms. (b)no member of the JCR shall nominate and second more than one candidate contesting the same office. (c) A JCR aspirant may withdraw his/her candidature by formally writing a withdrawal letter under his hand to the Electoral Commissioner. (d) A Candidate who by the date of the reading of manifestos is yet to submit a campaign poster to the E.C shall be deemed to have withdrawn his candidature notwithstanding Article 16(7)(a). (e)complaints of electoral fraud and allegations of electoral malpractices shall be lodged with the Electoral Commission. (f) Where a party lodging a complaint under Article 16 (7) (d) is unsatisfied with the resolution of the Electoral Commission, he/she shall petition the Judicial Board. (g)the Electoral Commission shall keep safe custody of all ballot papers and materials until the next elections. (h)all JCR elections conducted by the Electoral Commission shall be won by a simple majority. APPOINTMENT OF POLLING AGENTS (8)(a) Each candidate, fully certified, shall appoint one (1) polling agent per polling station whose names shall be submitted to the Electoral Commissioner three (3) clear days before voting. (b)the Electoral Commission shall count all ballot papers/votes cast in the presence of the polling agents of each candidate at the various polling stations immediately at the close of voting. (c) The polling agents shall be required to certify by signing the electoral results obtained. ARTICLE 17 VETTING BY THE ELECTORAL COMMISSION (1) There shall be a vetting committee set up by the Electoral Commission which shall- 21

25 (a) be responsible for the vetting and approval of all aspirants to JCR offices before the ban on campaign is lifted (b) have the power to disqualify any JCR aspirants on grounds stated only in this constitution or under a Constitutional Instrument issued by the Electoral Commission before the vetting of candidates. (2) The vetting committee shall consist of seven (7) members including a. the Electoral Commissioner, who shall be the chairperson b. one (1) Deputy Commissioner c. legal Advisor d. two (2) members from congress including the chairperson of the standing vetting committee e. any Legon Hall student of unquestionable character invited by the Chairperson of this committee f. one (1) representative from the Executive Council. 22

26 ARTICLE 18 CHAPTER NINE FINANCE OF THE JCR (1) There shall be paid into a JCR account, subject to the provisions of this article; (a) all revenues or other monies raised or received for the purposes of or on behalf of the JCR or committees established by this Constitution or by a Resolution of Congress. (b) any other monies raised or received in trust for or on behalf of the JCR. (2) The revenues or other monies referred to in Article 18(1) (a), shall include revenues and monies: (a) payable by or under a resolution of Congress into some other fund established for specific purposes OR (b) that may be retained, by a resolution of Congress, by a committee or commission established either by this Constitution or may be received for the purposes of defraying the expenses of that committee or commission. (3)For the avoidance of doubt, it is hereby declared that any committee or commission of Congress, shall within forty-eight (48) hours of raising or receiving any revenue or other funds for the purposes of, or on behalf of or in trust for that committee or commission, pay through the Treasurer such revenue or monies into the JCR coffers. (4)Notwithstanding Clause 3 of this article, a committee or commission may, with the prior approval of the Congress, retain a percentage of revenues or monies received in accordance with Clause 2 of this article. (5)The JCR Executive Council in accordance with the provisions of this article shall in the preparation of its budget make financial provisions for Congress and other committees and bodies set up under this Constitution as will allow for the effective execution of their functions. (6) Without prejudice to Clause 1 of this article, all funds of the JCR shall be lodged at a bank except for an imprest for the day to day administration of the JCR (7)The JCR President, the Treasurer and the Senior Hall Tutor shall be mandatory signatories to the JCR Accounts. 23

27 ARTICLE 19 JCR BUDGETS (1) The President of the JCR shall cause to be prepared and presented to the Congress four (4) weeks after assumption of office, estimates of revenues and expenditure of the JCR or Committees and Boards by this Constitution or under a Resolution of Congress. (2) Without prejudice to clause (1) of this Article, the President of the JCR shall within twenty one (21) days after assumption of office, present to Congress the proposed programmes or projects or activities to be undertaken by the Executive Council during their tenure of office. (3) Where in respect of the semester, it is found that the amount of monies appropriated for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum of monies has been appropriated, a supplementary estimate showing the sum of money required, shall be presented to Congress for approval. (4) Without prejudice to Clause (2) of this article, any transactions, projects or programmes that may exceed the tenure of office of the Executive officers shall not be entered into except with the prior approval of two-third majority of all members of Congress present and voting. (5) Congress shall have the power to modify the terms of, or rescind any transaction or contract which in the opinion of two-thirds majority of all members present and voting is not in the best interest of the JCR or inconsistent with the provisions of this Constitution. 24

28 CHAPTER TEN JCR MEETINGS/COMMISSION OF ENQUIRY ARTICLE 20 PROCEDURE FOR JCR MEETINGS (1) There shall be at least two (2) JCR meetings every semester. (2) Decisions taken at a JCR meeting(s) shall be binding on the JCR members provided they do not contravene this Constitution. (3) Procedures for JCR meetings are as follows; (a) the President, any two members of the Executive Council and fifty (50) members of the JCR shall form a quorum for JCR meetings. (b) the President and any other two members of the Executive Council and forty members of the JCR shall form a quorum for JCR emergency meetings. (c) in the case of a general meeting at least a seventy two (72) hour notice must be given and a twenty-four (24) hour notice in the case of an emergency meeting. (4)Without prejudice to the powers of the President to call meetings, any forty (40) members of the JCR shall in writing to the President copied to the Judicial Board, petition for an emergency meeting to be called. Their petition must state the exact reasons for the call of the meeting. (5) Such an emergency meeting shall be called within forty-eight (48) hours and shall not be binding unless a twenty four (24) hour notice is given on all JCR Notice Boards. (6) All JCR meetings shall follow General meeting procedures. ARTICLE 21 COMMISSION OF ENQUIRY (1) APPOINTMENT OF THE COMMISSION (a) The Executive Council or Congress, may in consultation with the Senior Hall Tutor appoint a commission of Enquiry into any matter of interest to students whenever; i) the Executive Council is satisfied that a Commission of Enquiry should be appointed. ii) at least fifty (50) members of the JCR petition the Senior Hall Tutor to constitute or appoint a Commission of Enquiry OR iii) congress, by a resolution, requests that a Commission of Enquiry be appointed to enquire into any matter specified in that resolution as being a matter of interest to students. (b) Without prejudice to Article 21(1) (a)(ii), the petition should clearly state their reasons for petitioning the Hall Tutor on why the said commission should be constituted. 25