CONSTITUTION ECONOMICS STUDENTS ASSOCIATION KNUST ESA JUDICIAL COMMISSION 2015/2016

Transcription

1 CONSTITUTION OF ECONOMICS STUDENTS ASSOCIATION KNUST ESA JUDICIAL COMMISSION 2015/2016

2 CONTENTS PAGE CONTENTS PAGE THE PREAMBLE 4 ARTICLE 1: Name & Motto of the Association 5 ARTICLE 2: Supremacy & Enforcement of the Constitution 5 ARTICLE 3: Functions & Objectives 6 ARTICLE 4: Membership 6 ARTICLE 5: Patrons & Board of Technical Advisors 7 ARTICLE 6: Structure of the ESA 8 ARTICLE 7: General Assembly 8 ARTICLE 8: Executive Committee 9 ARTICLE 9: Executive Council 10 ARTICLE 10: The President 11 ARTICLE 11: The Vice President 12 ARTICLE 12: The General Secretary 12 ARTICLE 13: The Financial Secretary 13 ARTICLE 14: The Organizing Secretary 14 ARTICLE 15: The Research & Career Development Chairperson 14 ARTICLE 16: The Public Relations Officer 14 ARTICLE 17: Independent Bodies: 15 Constitution of ESA-KNUST 1

3 A. Judicial Commission 15 B. Electoral Commission 17 ARTICLE 18: Decentralization: Committees & Boards: 17 A. Research & Career Development Committee 17 B. Publicity & Editorial Board 19 C. Finance & Sponsorship Committee 19 D. Organizing & Entertainment Committee 19 E. Welfare & Academic Committee 20 F. Website Committee 21 G. Women s Commission 22 ARTICLE 19: Ad hoc Committees: 23 A. Audit Committee 23 B. Vetting Committee 24 ARTICLE 20: Conduct of Elections 25 ARTICLE 21: Elections: 26 A. General Rules 26 B. Eligibility For Elections 27 C. Screening 27 D. Irregularities 28 E. Voting 28 F. Declaration & Challenging of Electoral Results 29 ARTICLE 22: Bye-Elections 29 Constitution of ESA-KNUST 2

4 ARTICLE 23: Removal from Office 30 ARTICLE 24: Vote of no Confidence 30 ARTICLE 25: Resignation 31 ARTICLE 26: Amendments 31 ARTICLE 27: Meetings: 32 A. Emergency 32 B. General 32 ARTICLE 28: Interpretations 33 ARTICLE 29: Honoraria 34 ARTICLE 30: Miscellaneous 34 APPENDIX I Standing Order 35 APPENDIX II Motions & Amendments 35 APPENDIX III Order of Procedure 36 APPENDIX IV Other Interventions 37 Conduct of Meetings 38 SCHEDULES OF THE CONSTITUTION 39 Constitution of ESA-KNUST 3

5 PREAMBLE Believing in the name of the Almighty God of all creation, Determined to raise the most favorable environment that allows for moral, spiritual, political, and intellectual development of the economics student Seeking to ensure vibrant participation of students in the Department of Economics in matters directly affecting the students of this department, alumni, and other associates Recognizing the fact that prestige and progress of this association shall always depend on the strong dedication of members to their duties We the students of the Economics Department of Kwame Nkrumah University of Science and Technology do hereby enact, adopt, and promulgate this Constitution to establish a framework upon which sovereign members shall be governed both collectively and individually. Constitution of ESA-KNUST 4

6 ARTICLE 1: The Name and Motto of the Association (a) The legitimate body of the students of the Department of Economics shall be known as the Economics Students Association. Herein after referred to as ESA-KNUST or ESA. (b) The Motto of this association shall be The Brain behind Great Decisions. ARTICLE 2: Supremacy and Enforcement of the Constitution (a) This Constitution shall be the Supreme Law for the governance of the Economics Students Association of the Kwame Nkrumah University of Science and Technology (ESA-KNUST). (b) Notwithstanding any provision to the contrary, this Constitution shall be subject to the Constitution of the Republic of Ghana, the University Act, the General Rules and Regulations of KNUST, the KNUST SRC Constitution, CASS Constitution and the Social Sciences Society Constitution. (c) Any student or group of students alleging that an act of commission or omission of any person or group of persons is in contravention of any provision of this Constitution may apply to the Judicial Commission for an order or a declaration to that effect. (d) Failure to obey the terms of an order or directive pursuant to Article 2(c) above shall constitute a violation of this Constitution and contempt of the Judicial Commission. Constitution of ESA-KNUST 5

7 ARTICLE 3: Functions and Objectives The functions of the association shall be to: (a) Establish a network system that will get members closer to each other and help one another. (b) Contribute meaningfully to economic issues that go on in the country. (c) Get members to participate effectively in the activities of the department. (d) Create a more interactive condition and atmosphere between lecturers and students of the department. (e) Foster relationship between the organization and sister organizations in Ghana, Africa and beyond. (f) Provide a uniform front for economics students. (g) Help students know the demands of the corporate world and serve as link between the corporate world and the student body. (h) Bring recognition to the association. (i) Help members know the benefits of studying economics and expose them to such strengths. (j) Expose members to available postgraduate and other professional courses. ARTICLE 4 Membership (a) All undergraduate students of the Department of Economics shall become substantive members of the Association. (b) The Association shall have interested postgraduate students and the alumni of the Department of Economics forming the Technical Advisory Board of the association. Constitution of ESA-KNUST 6

8 (c) i. Membership shall be opened to all persons in Kwame Nkrumah University of Science and Technology who may be interested in the ideas of the association. ii. iii. Such persons shall in writing apply to the Executive Committee to be considered for associate membership. Associate members shall have no voting rights. ARTICLE 5: Patron and Board of Technical Advisors A. Patron (a) The Head of the Economics Department shall be the Patron of the Association. (b) The Patron shall be made aware of withdrawals from the association s accounts and may decide to check the association s accounts in consultation with the President and the Financial Secretary whenever s/he deems it necessary. (c) S/He shall review the activities and projects that have been undertaken and give his/her recommendation. B. Board of Technical Advisors The President with his/her Executive Committee shall appoint three postgraduate economics students or teaching assistants who are interested in the association and are willing to work with the Executive Council. They shall be responsible for: (a) Guiding and scrutinizing all programs and projects which are to be undertaken by the Executive Committee. (b) Linking the undergraduate students to the post graduate students. Constitution of ESA-KNUST 7

9 (c) Advising the Executive Committee on matters relating to the wellbeing of the association and its members. (d) Mobilizing of the postgraduates at any point in time for any function. (e) Attending all Executive Council meetings of the association. ARTICLE 6: The Structure of ESA General Assembly Executive Committee Executive Council Board of Technical Advisors ARTICLE 7: General Assembly (a) The General Assembly shall be the highest legislative body of the association. (b) It shall meet at least three times a semester to discuss matters concerning the association and other matters referred to it by the executives. (c) The General Assembly shall in consultation with the Judicial Commission have the power to summon the President or the Executive Committee to explain or inform the General Assembly on related matters. (d) It shall determine annual dues and or other contributions deemed necessary to be paid by all members. (e) At all meetings each member shall have one vote. (f) It shall set up the Audit Committee of the association. Constitution of ESA-KNUST 8

10 (g) It shall have power to approve or disapprove any decision taken or acted upon its behalf. (h) It shall receive and deliberate on the audit report(s) of the association. ARTICLE 8: Executive Committee Members President Vice President General Secretary Financial Secretary Organizing Secretary Research and Career Development Chairperson Public Relations Officer (a) The Executive Committee shall, unless otherwise stated: i. Be responsible for the day to day administration of ESA. ii. Have the power to appoint all Committee Chairpersons for approval by the General Assembly. (b) Executive meetings shall be convened by the General Secretary in consultation with the president. (c) The quorum for an Executive Committee meeting is four. (d) The Executive Committee shall have the sole authority over day-to-day administration of the association and members of this committee shall be individually responsible to the President. Constitution of ESA-KNUST 9

11 (e) Members of the Executive committee shall assume office after they have sworn the oaths of allegiance and office as set out in the schedules which shall be administered by the Judicial Commissioner. (f) They shall be elected by the Student Body of ESA in an organized general election. ARTICLE 9: Executive Council The Executive Committee comprising: a. President b. Vice President c. General Secretary d. Financial Secretary e. Organizing Secretary f. Research and Career Development Chairperson g. Public Relations Officer Women s Commissioner Editor-In-Chief Judicial Commissioner Electoral Commissioner Website Committee Chairperson Academic Aid Coordinator Board of Technical Advisors Constitution of ESA-KNUST 10

12 The Executive Council shall: (a) Meet at least four times a semester to discuss matters concerning ESA and other matters referred to it by the Executive Committee. (b) Make decisions in the interest of the ESA members. (c) Have the power to summon the Executive Committee Members. (d) Approve budgets and other major contributions proposed by the Executive Committee. (e) With the exception of the President and no other, have a vote at Executive Council meetings. The President is entitled to a casting vote in case of a tie. Members of the Executive Council shall be referred to as Executive Officers. ARTICLE 10: President (a) The President shall be responsible for the general running of the association. (b) S/He shall preside over all Executive Committee and General Assembly meetings with powers in compliance with the relevant provisions of this Constitution. (c) S/He shall be a signatory to the bank account(s) of this association. (d) S/He shall be the chief spokesperson of the association and lead all delegations of ESA to conferences both domestic and international. The President reserves the authority to appoint an officer to lead such a delegation on his/her behalf. (e) S/He shall marinate the activities of the various committees except where otherwise provided by the Constitution. (f) S/He shall represent the student body on the department s academic committee. Constitution of ESA-KNUST 11

13 (g) S/He shall deliver a report on the activities and program of the association to the General Assembly at the end of every semester. (h) S/He shall be a member of the Social Science Society Council. ARTICLE 11: Vice President (a) The Vice President shall be directly responsible to the President. (b) S/He shall chair the Welfare Committee and be in charge of all welfare oriented projects embarked on by the association or by any group of persons within the association. (c) The office of the President shall devolve to the Vice President when it becomes vacant by reason of resignation, removal from office or death. (d) The Vice President shall be responsible for receiving guests on behalf of the association. (e) S/He shall act as ex- officio member of all committees excluding the independent committees. (f) S/He shall perform any other duties assigned to him by the President or the Executive Council. ARTICLE 12: General Secretary (a) S/He shall in consultation with the President summon meetings for both Executive Committee and General Assembly, stating agenda, time and place of meeting and keep records of such meetings thereof. (b) S/He shall have Executive powers in the absence of the President and the Vice President. (c) S/He shall be responsible for conducting all correspondences of the association. Constitution of ESA-KNUST 12

14 (d) Within forty-eight (48) hours, s/he shall publish on the association s notice board, The Economic Standard, the minutes of general meetings. (e) S/He shall be a member of the association s delegation(s) to conferences. (f) S/He shall furnish the Executive Committee and the General Assembly with minutes of all previous meetings at all meetings. (g) S/He shall be responsible for receiving guests on behalf of the society in the absence of the Vice President. (h) S/He shall be responsible for taking rolls of any General Meetings. (i) S/He shall be elected by the student body of ESA. (j) S/He shall be a member of the Social Science Society Council. ARTICLE 13: Financial Secretary (a) S/He shall keep records of the monetary transactions for and on behalf of the association. (b) S/He shall draft the budget of the association for the next semester in consultation with the Executive Council at the end of every semester and shall present it to the General Assembly for approval. (c) S/He shall publish accounts of the association for the first semester within two weeks of the second semester and at the end of the academic year at most two weeks to the end of the academic year. (d) S/He shall keep account to profits and losses accrued on behalf of the association through commercial activities and shall publish them. (e) S/He shall be a signatory to the associations account(s). (f) S/He shall counter sign all vouchers, cheques and money bills of the association (g) S/He shall be the Chairperson of the Finance and Sponsorship Committee. Constitution of ESA-KNUST 13

15 (h) S/He shall perform any role given to him/her by the Executive Committee. ARTICLE 14: Organizing Secretary a) S/He shall be the Chairperson of the Entertainment and Sports Committee. b) S/He shall be responsible for the organization of all functions of the association. c) S/He shall be responsible for getting members to attend functions of the association in collaboration particularly with the Publicity/Editorial Board. d) S/He shall perform any role assigned him by the Executive Committee and the General Assembly. e) S/He shall be responsible for the keeping and maintenance of assets of the association. ARTICLE 15 Research and Career Development Chairperson (a) S/He shall coordinate activities of the Research and Career Development Committee. (b) S/He shall form a committee comprising of nine members with him inclusive. (c) S/He shall oversee the work of the research and career development committee and advice the executive council on project to undertake at a particular point in time. ARTICLE 16 Public Relations Officer (a) There shall be a Public Relations Officer (PRO) who shall be assisted by the Editor-in-chief of the association. Constitution of ESA-KNUST 14

16 (b) S/He shall be responsible for disseminating information on the policies of ESA within and outside the association. (c) S/He shall have firsthand information on activities of all the committees within the association, so as to have informed knowledge on them. (d) S/He shall act in the absence of the General Secretary during meetings. (e) The Publicity/Editorial Board shall be chaired by the PRO and assisted by the Editor-in-Chief. (f) The Editor-in-Chief shall be appointed by the President on the assumption of office subject to the approval of the General Assembly. ARTICLE 17 Independent Bodies Judicial Commission Electoral Commission (a) JUDICIAL COMMISSION The Judicial Commission shall be an independent body of the association and shall comprise the Judicial Commissioner and 6 other members. Judicial Commissioner (a) The Judicial Commissioner shall Chair the Judicial Commission and shall be appointed by the President in consultation with the outgoing Commissioner subject to the approval of the General Assembly. (b) No student shall be qualified to be appointed as Judicial Commissioner unless he/she is actively serving or has actively served in any former Judicial Council/Commission/Committee of the SRC, JCR, ESA or other academic bodies. Constitution of ESA-KNUST 15

17 (c) The Judicial Commissioner shall have the right to empanel members of the Judicial Commission for hearings. (d) S/He shall perform other duties provided for under this constitution. Duties of the Commission: i. It shall be consulted by the Executive Committee or General Assembly on Constitutional matters. ii. iii. iv. Members of the Judicial Commission shall have the power to interpret and enforce the Constitution. It shall be responsible for the amendment of the Constitution. It shall have the power to appoint members without voting right on ad hoc bans and summon a student or group or any member of the Executive Council to appear before it to give evidence. v. All impeachment proceedings against any members of the Executive Council shall be brought before the Judicial Commission. vi. vii. viii. Except where advisable all sittings of the Commission shall be in public, and unless specifically provided in the Constitution, the decision of a properly constituted sittings of the Commission in all matters shall be by simple majority. In proven cases of misconduct on the part of members or the whole Judicial Commission, a recommendation action shall be exercised or applied. The Commission shall only be subject to the dictation of this Constitution and shall have the power to create sub-committee, issue injunctions and mandamus, prohibitions and procedure writs. It shall thus be subject to no individual or authority. Constitution of ESA-KNUST 16

18 (b) ELECTORAL COMMISSION i. The Electoral Commissioner shall be appointed by the President in consultation with the outgoing Commissioner subject to the approval of the general assembly. ii. The commission shall comprise of a chairperson who shall be referred as the Electoral Commissioner. iii. It shall be responsible for conducting all ESA elections, referenda, opinion polls, or secret balloting. iv. The Electoral Commission may take rules and regulations of procedure for the exercise and execution of its functions subject to the rules and regulations governing the conduct of ESA elections and produced in this Constitution. v. There shall be a screening committee of the Electoral Commission which shall be appointed by the commission. vi. vii. The commission shall make available provision results on the notice board 24 hours after voting. The commission shall organize and supervise manifestos reading and keep copies of the manifestos presented by candidates. ARTICLE 18 Decentralization: Committees and Boards Any member of ESA shall be eligible to serve on a committee provided his/her conduct has not given any reason for the members of ESA to doubt his/her integrity. (a) RESEARCH AND CAREER DEVELOPMENT COMMITTEE i. There shall be a Research and Career Development Committee herein referred to as ReCad which comprises the Head and eight other members. Constitution of ESA-KNUST 17

19 ii. iii. iv. The Head shall have strong interest in research & career development and must have the necessary competences including good analytical skills, good communication skills and inter-personal and leadership skills. The Head should have shown keen commitment to the affairs of the outgoing ReCad. S/He shall have knowledge about career opportunities for economics graduates as well as post graduate and professional courses which might be of interest and relevance to members of the association. S/He shall have the ability to allocate, analyze and link strength to the world of work. v. The Head shall be well composed and have good moral standing, and must command respect from peers and senior members in the Economic Development. Duties of the Committee (RECAD): 1. ReCad shall be a major vehicle to attaining the association s goal of building the capacities of members to help them function effectively in their work. The committee shall enjoy the prime attention of the association and shall reflect the unique functions of the association. 2. The committee shall aim to provide support throughout members in the University in order for them to make informed career decisions and succeed in entering their chosen fields of profession. 3. It shall locate successful people in business and other areas of work and link interested members to them for mentorship 4. It shall also have the duty to research topical issues and solicit the views of lecturers, from the Economics Department and other departments on such issues in order to contribute meaningfully to raising Economics literacy of the public. 5. ReCad shall operate by the detailed description of its portion which shall be contained in a separate document titled. The Role Description of ReCad. 6. It shall in addition to its traditional functions perform other related task as may be assigned by the Executive Committee or the General Assembly. Constitution of ESA-KNUST 18

20 (b) THE PUBLICITY/EDITORIAL BOARD i. There shall be a twelve member Board including the PRO who shall chair the board and assisted by the Editor-in-Chief. ii. iii. iv. The editorial board shall, through the publication of journals, articles, newsletters, cartoons and promotion of literary activities, keep members of the association abreast of socio-political and economic issues on domestic and international scenes. It shall be responsible for all publication of the association s magazine every academic year. It shall be responsible for all publicity issues of the association and Executive Committee. (c) FINANCE AND SPONSORSHIP COMMITTEE i. The association shall have a Finance and Sponsorship Committee comprising the chairperson and six other members. ii. iii. The committee shall be responsible for the collection of dues and any other contribution from members of the association. It shall be responsible for fund raising and seeking sponsorship to supplement any other corroboration of the association. iv. The proposed estimates of expenditure of any committee within the association shall be presented to this committee for approval. v. The chairpersons of the various committees shall be required to defend their proposed budget(s) before this committee after which the budget shall be presented to the Executive Council & General Assembly (d) ORGANIZING AND ENTERTAINMENT COMMITTEE i. It shall be headed by the Organizing Secretary and shall consist of eight members with fair representation from each year group. Constitution of ESA-KNUST 19

21 ii. iii. iv. It shall be responsible for the organization of sporting activities among ESA members and between ESA and other Department Associations and entertainment programs They shall see to the acquisition of sports equipment for ESA. It shall be responsible for organizing dinner and socializing of the association. (e) WELFARE AND ACADEMIC COMMITTEE i. There shall be a nine member Welfare and Academic Committee. ii. The Committee shall consist of the Vice President, who shall be the chairperson of this committee, class representatives from each year, and other members of who shall be appointed with the relevant provisions of Article 18 of this Constitution. Duties of the Committee: 1. The Committee shall plan, initiate and execute all welfare and Academic oriented activities of the association. 2. It shall be responsible for the management of the welfare fund. 3. The welfare fund shall be the legitimate coffers of which students may be supported when they are bereft. 4. Five per cent (5%) of total ESA dues shall be allotted for this purpose. 5. The President, Financial Secretary, Chairperson of the Welfare and Academic Committee shall be signatories to the fund. 6. It shall in conjunction with the Research and Career Development Committee, organize debates and other student related programs and link interested students to co-operate individuals and corporations for mentorship. Constitution of ESA-KNUST 20

22 7. It shall receive all students grievances in relation to their academics and make recommendations to how best to solve them in the performance of their duties. 8. It shall take care of special students problems that may arise, and bring them to the notice of the Executive Committee and if necessary the General Assembly. Such instances can be sickness, robbery, death etc. The Association shall assist financially or any form deemed necessary towards such course. 9. It shall see to student-student, and student nonstudent relationship. ACADEMIC AID There shall be an Academic Aid under the Welfare and Academic Committee of the association which shall comprise the Academic Aid Coordinator, who shall be appointed by the Executive Committee, and other volunteering members of the association. The Academic Aid shall: i. Advise the ESA on all academic matters affecting students. ii. Conduct surveys on the nature of teaching, research and content of course, conduct of examination and the availability of books and equipment to students. iii. Develop academic training programs and tutorial sessions for students for consideration and implementation by the Executive Council. iv. Perform any other function that may be assigned to it by the executive council or General Assembly. The Academic Aid Coordinator shall present periodic reports on the state of the academic performance of students in the association to the General Assembly and may delegate any member of the Academic Aid to represent him. (f) WEBSITE COMMITTEE i. It shall be coordinated by a Chairperson, and shall consist of four other members who shall be appointed subject to provisions in Article 18 of the Constitution. Constitution of ESA-KNUST 21

23 ii. iii. iv. It shall collect all materials relevant for the website in collaboration with the publicity board. It shall occasionally discuss on how to improve the quality of the website. It shall sensitize members of the association to patronize the site. (g) WOMEN S COMMISSION There shall be established under the association a Women s Commission which shall consist of the Women s Commissioner and 5 other members with fair representation from each year group. All members of the women s commission shall be females. Women s Commissioner (a) The Women s Commissioner shall be a female appointed in a manner provided for in this Constitution. (b) The Women s Commissioner shall be the chairperson of the Women s Commission. (c) The Women s Commissioner shall advocate the cause and interest of female students in the association. (d) The Women s Commissioner shall ensure that ESA policies are not inimical to the development of female students in the association. (e) The Women s Commissioner shall perform any other function assigned to her by the executive council in relation to her office. Duties of the Commission: i. The Commission shall promote the rights and interests of female students in the association. ii. It shall encourage active participation of female students in leadership positions. Constitution of ESA-KNUST 22

24 iii. iv. It shall inculcate in the female students a sense of inclusion, solidarity and active participation in activities of the association. It shall be responsible for creating a link between the female students and other women groups with the aim of sharing ideas and strategies on female related issues. v. It shall be responsible for organizing seminars, symposia, public forums and other programs with the aim of empowering the female students and sensitizing men on gender related issues. vi. vii. viii. It shall present periodic reports to the General Assembly on the state of the general welfare of female students in the association. The Women s Commission shall have the power to co-opt other members to perform specific tasks as may be assigned to them by the commission and such members shall be guided by the work document of the Commission. Discharge such other duties affecting general welfare of female students as may be referred to it by the President or imposed on it by this Constitution or resolution of General Assembly ARTICLE 19 Ad hoc Committees Audit Committee Vetting Committee (a) AUDIT COMMITTEE i. There shall be constituted within the association a three member Audit Committee who may employ the services of an external auditor. ii. Members of the Audit Committee shall be appointed by the General Assembly. Constitution of ESA-KNUST 23

25 iii. iv. This committee shall audit the association s accounts which shall be presented to the General Assembly for approval before handing it over to the Executive Council. Notwithstanding any provision to the contrary, the Audit Committee shall audit all accounts of the association at the request of the General Assembly. v. The audit committee shall be constituted fourteen days after the association s week celebration or within thirty (30) days after school reopens for the second semester in the absence of an association s week celebration. vi. vii. viii. ix. This committee shall report to the General Assembly. Copies of the audit report shall be placed on the Department s notice board or any other notice board recognized by the associations for at least four days before formal presentation shall be made to the General Assembly. The audit report shall be presented within twenty-one days from the day of elections in the second semester. The Audit report shall include: An income and expenditure account of the association as audited. Statements of accounts including: cash at hand, at bank, as at the last day of auditing; fixed assets, returns from dues, liabilities and accruals and any other relevant information. A detailed statement of debtors and creditors. A detailed statement of financial administration. Audit committee s assessments of the financial position of the association and committee s recommendations. (b) VETTING COMMITTEE i. For the formation of the various committees of the association there shall be a five member vetting panel which shall be appointed by the Executive Council. Constitution of ESA-KNUST 24

26 ii. This committee shall be chaired by the Judicial Commissioner and shall be responsible for the entire screening process. iii. The committee in conjunction with the chairpersons of the various committees shall appoint members to serve on the respective committees. iv. Notwithstanding any provisions to the contrary, the executives office shall perform the functions for which it shall be formed after which it shall be dissolved. v. The vetting committee shall investigate the background of all outgoing candidates to validate their nomination. vi. The case of a bad record or gross misconduct shall be disqualified. ARTICLE 20: Conduct of Elections (a) The members of the ESA shall elect all members of the Executive Committee except the Vice President annually through a secret ballot by members of the association. (b) The Vice President shall be designated by the candidate for the office of the President before elections. (c) A person designated for the position of Vice President shall satisfy the provisions laid down under Article 21 (b) of this constitution. (d) Elections shall be held within a week of the faculty presidential elections or as otherwise provided by the Electoral Commission appointed by the outgoing ESA Executive Council that will work a screening committee to appoint for nomination for not more than one week at a time and not more than two weeks. If after the maximum period for nomination has passed and vacancies shall be filled by appointment and approved by the General Assembly. Constitution of ESA-KNUST 25

27 (e) Nomination should be in writing signed by twenty student members, five from each year or level within the department together with the written and signed consent of the person to be nominated to stand as candidate shall be lodged with the Electoral Commissioner on or before a closing date set by the Electoral Commission. (f) A simple majority is required to win an election. (g) Where irregularities are detected in any form, the Electoral Commissioner shall declare the polling null and void. (h) A student who has been found guilty of embezzlement and or misappropriation of funds and or has behaved in such a manner as can be described as detrimental to the good reputation of the student population of the ESA and or the university, so as to tarnish the image of the University as a whole or the college, faculty and or the department in particular, shall not qualify to stand and contest to any office of the Association. (i) In any eventuality such as interdiction, resignation or impeachment, the student body shall hold an election to fill the post three weeks before the next elections. ARTICLE 21 Elections (a) GENERAL RULES The following shall apply to all ESA elections: i. A simple majority is required to win an election. ii. iii. iv. Candidates who stand unopposed shall require at least 50% +1 of the total valid votes cast to win the position thereof. All students shall have one vote each. There shall be no voting by proxy. v. Voting shall be allowed of a student who produces his KNUST photo identity card to the officer in charge of the polling station. Constitution of ESA-KNUST 26

28 (b) ELIGIBILITY FOR ELECTIONS i. Any student of this university is qualified to stand and contest elections to any office provided that s/he shall have been a student of this university and in the department for at least one academic year and is not in the final year of study. ii. iii. iv. Any member against whom any adverse findings have been made and confirmed or has behaved in a manner that can be described as damaging to the department s reputation by the findings of an accredited body shall not qualify to contest any election. No student shall be eligible to contest any position until s/he has successfully fulfilled his/her financial obligations to the Association. Departmental activities participation and involvement is a base for eligibility. v. No member of the Executive Council shall contest for a position unless he/she has duly resigned from his/her position. vi. vii. Any student who has once been voted out of any student office in this institution shall not qualify to stand and contest elections. Any student who qualifies to file a nomination and contest elections admitted to contest any position shall make available two current passport sized photographs of himself accompanied with duly filed nomination forms and curriculum vitae to the Electoral commission not later than the specified date and time by the Electoral Commissioner. (c) SCREENING i. All contestants shall pass through a screening process. Thus, any student who wishes to stand and contest elections shall submit himself to the Electoral Commission for thorough public screening. ii. The Electoral Commissioner shall be required to publish on the notice board, a full report of all candidates so screened at least three days before elections day. Such a report shall not give the ranking of the candidates. The publication shall at least be presented five days before the reading of manifestos. Constitution of ESA-KNUST 27

29 (d) IRREGULARITIES i. All acts of intimidation that influence the voters rights to exercise franchise constitute on offence and if it is sufficiently proven on the part of a candidate either by himself or by his agents, the number of votes obtained by the candidate in question shall be declared null and void. ii. iii. iv. Where irregularities are detected at the polling station before, during and after voting, the polls in the station can be declared null and void by the Electoral commissioner and fresh elections might be organized for the polling station as per the discretion of the Electoral Commission in consolidation with the Judicial Commissioner within four (4) days. Posters of candidates shall be pasted only on notice boards in and outside the University campus. All posters used for campaigning must be removed by midnight on the eve of voting. v. Any candidate who shall be guilty of an election malpractice shall be withdrawn from the elections by the electoral commission. (e) VOTING i. The Screening Committee shall submit a complete report on candidates at least five days before reading of manifestos. ii. iii. iv. The report shall give recommendation of the candidates contesting in the elections. Candidates who cannot be at the manifesto reading for tangible reason shall have the manifesto presented on their behalf. All undergraduate students of the department shall be eligible to vote. v. The candidates with the largest number of votes shall be the elect vi. In the event of an unopposed candidate, she shall require 50% + 1 of the total valid votes cast to be elected. vii. In the event of two or more candidates, polling equal number of votes, the members shall ballot again for the candidates concerned. Constitution of ESA-KNUST 28

30 viii. The Electoral Commission shall publish an electoral report indicating the candidates for the various offices within forty-eight hours of the counting of the ballot papers. Any member of the ESA who is not satisfied with the election results can appeal to the Judicial Commission within 48 hours of the counting of the ballot papers. The report until 72 hours after voting shall be deemed provisional. (f) DECLARATION AND CHALLENGING ELECTORAL RESULTS. i. The provisional results of an election can after it has been published be challenged within 72 hours. No petition shall be entertained after the stipulated time. ii. iii. iv. ARTICLE 22 Any petition shall be presented to the Judicial Commission and copied to the patron, Department of Economics. The Judicial Commission shall without prejudice to any provision in this Constitution, decide on the merits of the petition within 24 hours after the receipt of the petition. Any petition filed for the challenge of an electoral result shall be signed by twenty (20) student members at least one from each year. Bye Elections (a) In the case of an elected position becoming vacant, the Electoral Commission shall immediately upon acknowledging such situation start a process to provide the association with a replacement for the vacant position as per the status enshrined in this Constitution for the election of office. (b) Such bye-elections shall however not occur when the position becomes vacant one and half month to general election. Under such circumstances the particular body within which the vacancy has occurred is given the mandate to appoint in consultation with the Executive Committee one of their own members to assume responsibility for the vacancy so created. (c) Any Executive member who wishes to contest in a bye election will have to permanently relinquish his status as an Executive member. Constitution of ESA-KNUST 29

31 ARTICLE 23: Removal from Office Executive Officers and other committee members shall individually be removed from office for: (a) Misappropriation and or embezzlement of the association funds. (b) Suspension or dismissal from the university. (c) Deferment or change of course from the Department of Economics to another department. (d) Inefficient and or outright negligent discharge of duties as determined by the General Assembly. (e) Acting in such a manner as can bring the association or the University into disrepute. (f) Deformity of mind and insanity. (g) Gross misconduct. (h) Acting in violation of the oaths of office set out in the schedule of this Constitution. ARTICLE 24 Vote of No Confidence (a) Any officer shall automatically cease to be a member of the Executive if a vote of no confidence is passed in him/her by the General Assembly or if adverse findings are made against him/her by the Judicial Commission. (b) Similarly an officer shall be suspended for inefficient or negligence discharge of duty or acts in a manner prejudicial to the interest of the General Assembly. (c) Any suspended officer shall have a right of appeal to the Judicial Commission within seventy-two hours of his/her suspension. (d) The recommendations of the Judicial Commission on appeal(s) shall be deemed final. Constitution of ESA-KNUST 30

32 ARTICLE 25: RESIGNATION (a) Any officer elected by the General Assembly shall communicate his resignation to the Executive Committee in writing seven clear days before such an action takes place. (b) Any officer of the association except those elected by General Assembly, may resign their positions voluntarily any such resignation shall be communicated to the President at least seven days before the resignation take place. (c) When an officer resigns his position, the President in consultation with the body within which the vacancy has arisen will appoint a member to manage the position temporally until fresh elections are held. (d) In the case of en-block resignation of the Executive committee, the Executive Council shall select three members from among the temporarily run the association until fresh elections are held. (e) Any officer who resigns will within three days after their resignations have taken effect hand over all the association s, properties and documents in their possessions to the President or to the Executive Committee within seventy two hours. (f) In the case of an en-block resignation of the Executive Committee same will be handed over to the Judicial Commission. ARTICLE 26 AMENDMENTS (a) Any notice for revision or amendment of any provision of this Constitution shall be made to the Judicial Commission and published to the General Assembly. (b) Notice for the revision or amendment of any provision of this Constitution may be made by any member in writing and submitted to the Judicial Commission. Such notice in the latter case shall be supported by at least forty other members whose signatures shall be appended thereto. Constitution of ESA-KNUST 31

33 (c) The Judicial Commission shall sit to consider the issue within fourteen (14) days upon receipt of amendment and submit a report to the Executive committee. (d) In the case of a total revision, a Constitution review committee which shall be set up by the Judicial Commission which shall sit to consider the issue within forty-five days. (e) The Executive committee under shall within seven days upon the receipt of the Judicial report send it to the General Assembly for deliberation and approval. (f) Any meeting convened by the Executive Committee under shall be decided by two-thirds ⅔ majority of members present and by voting. ARTICLE 27 MEETINGS (a) Emergency i. The President shall be obliged to convene an emergency meeting if any member of the Executive Council or forty members of the society desire such a meeting and have accordingly issued a twenty four (24) hour notice that effect. ii. iii. (b) General The matters to be discussed shall be explicitly stated in the notice given with regard to the meeting. No other business shall be considered at such a meeting. i. There shall be at least three general meeting in a semester to brief members of matters concerning the society. ii. iii. iv. Four executive members including the President and the General Secretary in addition to addition to fifty (50) members of the General Assembly shall form a quorum for a general meeting. In the absence of a quorum, meeting shall not commence until one hour after scheduled meeting. Any decision taken at such a meeting shall be binding on all members. Constitution of ESA-KNUST 32

34 v. Notice of general meetings shall be given at least five clear days prior to the scheduled time and date. vi. The standing orders and the rules regarding the conduct of meetings as set out in the appendices shall govern all meetings and the Chairperson of the meeting shall read them out as when necessary. ARTICLE 28 INTERPRETATIONS (a) Students and members a used in the Constitution, shall refer to the same group of people. (b) Welfare oriented issues shall include: the social, spiritual and economic concerns of students including transportation and lodging. (c) Substantive members shall refer to full members of the society. Associate and honorary members shall refer to non-full members of the society. (d) The Judicial Commission shall have powers to rule on matters on which the Constitution is silent or ambiguous and such rulings expressed in precise terms shall become a precedent and of persuasive influence on the Executive Committee and the General Assembly. (e) Gross Misconduct as stated in Article 23(g) above shall include: i. Refusal to comply with decisions of the Executive Committee or the Executive Council or the General Assembly. ii. Any act of insubordination that will bring any office of the society in to disrepute by any Executive Officer or committee member. iii. Any other act or conduct to be determined by the Judicial Commission. Constitution of ESA-KNUST 33

35 ARTICLE 29 HONORARIA Certificates of honor shall be presented to deserving Executive Officers and dedicated committee members at the end of their tenure of office. The President in consultation with the other executive officers and committee members shall identify and honor dedicated and committed members of the association. Certificates shall be presented to volunteers who have served with dedication for the association. ARTICLE 30 MISCELLANEOUS All committees shall have a work document that stipulates in detail the duties mission and objectives of the committee. There shall be an Oath Book for ESA and shall be signed by Executive officers and other Committee members upon assuming office after swearing the oath. Unless an elected or approved appointed officer sworn an oath of Office he shall not be duly recognized. The Judicial Commission shall have an oath Book of Secrecy signed by members after swearing in the judicial oath. Notwithstanding any provision to the contrary no part of this amended Constitution shall be altered or excluded or any addition made to its content in the process of reprinting of this revised edition of the Constitution unless where Constitutional amendment or reviews have been made. Constitution of ESA-KNUST 34

36 APPENDICES APPENDIX I: STANDING ORDERS FOR MEETINGS (a) Voting at meetings shall be by full members. Each member shall be entitled to a single vote. (b) Voting privilege shall include the right of members to make, second motions or nominations. (c) In voting, motions shall be carried by a simple majority, unless otherwise stated or provided for by the Constitution or the standing orders. (d) Casting of votes shall be in the following order: votes for, against and abstentions. If votes for and against an issue are equal in number, the Chairperson shall exercise his voting right. Members abstaining shall be considered non-voting. (e) Voting at meetings shall be by show of hands or by secret ballot or may be determined by the Chairperson. (f) Resolutions shall be passed by a two-thirds ⅔ majority of members present and voting. There shall be no voting by proxy. APPENDIX II MOTIONS AND AMENDMENTS (a) All full members have the right to file motions or proposals. However, nonmembers may file motions or proposals only if at least three full members second such motions or proposals. (b) All motions shall be submitted in writing and handed over to the Chairperson. (c) No motion or amendment shall be opened for discussion until it is seconded, but the proposer shall have the right to speak on the motion in order to find a seconder. A motion shall only be opened for discussion or Constitution of ESA-KNUST 35

37 amendment after the opportunity to speak in support of the motion. The debate shall be limited to immediately pending questions by the Chair. The Chair shall have the power to rule out of order any speaker failing to adhere to the subject of discussions. (d) No motion or amendment which shall be accepted by the house shall be withdrawn without the consent of the house; neither shall any addendum be made to a motion once accepted without such consent. (e) The mover and the seconder of the original motion or amendment shall have the right to reply at the close of the debate on the motion or amendment. (f) No further questions on the question shall be allowed once the question has been put from the chair. (g) Discussion of a motion or an amendment may be curtailed in time by a procedural motion from the floor or by the Chair with the approval of the house. If the Chair intends to curtail the discussion, however, he shall make it clear how much time should be allowed provided that the mover and the speaker against such motion shall in all cases have the right to speak if willing to do so. (h) The mover and the seconder of a substantive motion shall have the right to accept an amendment and if accepted shall become part of the substantive motion. A rejected amendment shall be put the House at the instance of the mover of the amendment. APPENDIX III ORDER OF PRECEDENCE (a) The Chairperson shall allow the following procedural motions to be put when there is already a proposition on the table, in the following order of precedence: i. A motion to withdraw a motion. ii. A motion to recess. iii. A motion to reverse the decision of the chair. Constitution of ESA-KNUST 36

38 iv. A motion that a question or proposal not be now put. v. A motion to limit or expand debate to a specified period of time. vi. A motion to refer a matter to a committee or a subcommittee for consideration and a report. vii. A motion to postpone or adjourn a matter to a later specified date or meeting time. viii. A motion to close debate. ix. A motion that the motion under discussion now be voted on. (b) If a motion that the motion be now voted on has been seconded, no question shall be allowed but a member may give off his/her desire to speak further on the original question. If the motion is carried, only the proposer of the original motion under discussion shall be allowed to speak before the original question is put to vote. (c) If the motion to limit debate to a certain specified period is carried, the chairperson shall draw a list of those wishing to make their first speech on the subject and allow each one an equal proportion of the specified period. The proposal shall be allowed a maximum of five to round up before the original motion is put to vote. (d) Should any procedural motion be defeated, twenty minutes shall elapse before such motion can be addressed again by the chair unless the chair is of the opinion that the circumstances have materially altered in the meantime. APPENDIX IV OTHER INTERVENTIONS (a) In addition to discussion on an issue, the Chairperson shall recognize those requesting the floor by the following order of precedence: i. Point of order. ii. Point of information. Constitution of ESA-KNUST 37