The Constitution of the University of Bagamoyo (May 2013)

8/12/2019 The Constitution of the University of Bagamoyo (May 2013)

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THE CONSTITITUTION OF

UNIVERSITY OF BAGAMOYO STUDENTS

ORGANIZATION

(UBSO)

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ARRANGEMENTS OF CONTENTS

Article

PREAMBLE

CHAPTER ONE

PART ONE:

1. Name of the Headquarters and official languages.

2. Status of BS!

". !#$ecti%e of BS!

&. 'unctions of BS!

PART TWO:

MEMBERSH(P) R(*H+S AN, ,+(ES

-. Mem#ershi

/. Basic Rights of BS! Mem#ers

0. ,uties of BS! Mem#ers

. *eneral onduct of BS! Mem#ers

3. Prohi#itions

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HAP+ER +4!

PART ONE:

15. BS! Princial organs

PART TWO:

11. Student Bara6a

12. Meetings of the Student Bara6a

1". 'unctions of Student Bara6a

PART THREE:

1&. +he Bunge

1-. Po7ers of the Bunge

PART FOUR:

1/. +he Bunge Sea8er10. 9ualities of the Bunge Sea8er

PART FIVE:

1. ,eut: Sea8er

PART SIX:

13. +he Bunge Secretar:

25. 'unctions of the Bunge Secretar:

PART SEVEN:

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21. ,issolutions of the Bunge

CHAPTER THREE

PART ONE:

22. BS! *o%ernment

2". omosition of the BS! President

PART TWO:

2&. +he BS! President

2-. 'unctions of BS! President

2/. 9ualifications for the ost of the President

20. !ath for the President

2. +enure of office for the President

23. (meachment of the President

"5. (meachment rocess

PART THREE:

"1. +he BS! ;ice President

"2. 9ualification for the ;ice President

"". !ath of the ;ice President

"&. +enure of !ffice for the ;ice President

"-. (meachment of the ;ice President

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PART FOUR:

"/. +he BS! Prime Minister.

"0. Aointment and qualification of the Prime Minister

". +enure of !ffice of the Prime Minister.

"3. +he function of the Prime Minister

&5. Remo%al of the Prime Minister #: the President

&1. ;ote of No confidence to the Prime Minister #: theBunge

PART FIVE:

&2. +he *eneral secretar: President


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PART TWO:

&. Aointment of Ministers and ,eut: Ministers

&3. ;acanc: for the !ffice of Ministers

-5. President to decide num#er of Ministries

-1. Ministers ha%e no o7er to %ote in the Bunge

-2. a#inet meetings

PART THREE:

-". 'acult: and (nstitute Reresentati%es

-&. 9ualifications of the 'acult: and (nstituteReresentati%es

PART FOUR:

CLASS REPRESENTATIVES

--. lass Reresentati%es

-/. 'unctions of lass Reresentati%es

CHAPTER FIVE

THE JUDUCIARY

-0.PART ONE:

THE ELECTORAL COMMISSION

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-0. Esta#lishment of Electoral ommission

-. omosition of the Electoral ommission

-3. Eligi#ilit: in the Electoral ommission

/5. Resonsi#ilities of the Electoral ommission

/1. +enure of !ffice for the Electoral ommission

/2. Electoral ommission shall #e an autonomous organ.

PART TWO:

GENERAL ELECTION

/". onduct of *eneral Election

/&. Election #: Simle ma$orit:

/-. Prohi#ited conducts during Elections

//. Remunerating for the Mem#ers of the Electoralommission

/0. Nullification) disqualification and rohi#itions during%oting.

01. Ne7 Election

02. Aeal against Election results

0". 9uorum of Electoral Aellate #od: during aeal

0&. ,ecision on aeal shall #e final and #inding.

CHAPTER FIVE

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PRIVILAGES AND IMMUNITY

0-. Pri%ileges and immunit: to the President

0/. Pri%ileges to the ;ice President and the Prime Minister.

CHAPTER SIX

00. 'ormation of the (nterim *o%erning ouncil =BS!>

0. Procedure for election of the BS! mem#ers andoffices thereof

03. !ath for BS!

5. Po7ers and ri%ileges for BS!

1. Hando%er to BS!

2. Procedures for hand o%er

". 'unction of BS!

CHAPTER SEVEN

LBS) ASS!(A+(!NS AN, S!(E+(ES

&. 'ormation of clu#s) associations and societiesrocedure.

-. Limitation of formation of clu#s associations andsocieties.

/. Prohi#itions of certain clu#s) associations and societies.

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CHAPTER EIGHT

'(NANE) PR!PER+? AN, A,M(N(S+RA+(!N

0. 'inance) roert: and administration.

. ;esting of management of BS! funds and roerties.

3. Emlo:ment of BS! go%ernment

35. 'inancial ommittee Esta#lishment

31. Remunerations and allo7ances

32. !ffences

3". 'i@ed amount to remain in BS! Account

3&. No. authori6ed use of BS! funds

3-. No use of BS! funds 7ithout #udge

CHEPTER NINE

P!4ER +! MAE RLES

3/. Po7er to ma8e rules

30. Assent of onstitution) B: La7s and Regulationsamendments.

3. Procedures for onstitution Amendments.

CHAPTER TEN

M(SELLANE!S PR!;(S(!N

PART ONE:

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33. !fficial Logo of BS!

155. Prohi#itions of using BS! Logo

15-. Matters not co%ered #: this onstitution.

PART TWO:

151. !ath for office #earers.

152. Handing o%er of BS! documents ne@t go%ernment

CHAPTER ELEVEN

!NS+(++(!N SPREMA?

15". Breach of onstitution

15&. Penalties for #reach of this onstitution

CHAPTER TWELVE

!NSE9EN+(AL PR!;(S(!NS

15-. Amendment of the election B: La7s of 2553

15/. Amendment of the 'inancial Regulation of 2553

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DEFINITION OF TERMS

Not7ithstanding an: other meaning of the follo7ing terms)there shall #e gi%en the meaning as defined in this art andin this constitution unless the conte@t requires other7ise a4ord) hrase) e@ression and other grammatical signse@ressl: herein) alied in ordinar: interretation assignedfor them deending on the conte@t and technical or legale@ressions their technical or statutor: meaning as the

technical or legal ractical allo7.

StatusC Means the states of BS! as descri#ed underthis constitution.

(meachmentC A charge to an: office #earer 7ith aserious matter against this onstitution orraise dou#ts a#out something in the office.

AlmanacC A calendar that is u#lished e%er: semestergi%ing information for the semester.

Aro%eC means a formal confirmation #: t7o thirdma$orit: %otes of the Mem#ers of the Bunge)i.e. collecti%e confirmation of Presidential.Aointees 7ho are su#$ect to aro%al #:the Bunge.

B: electionC Means election 7hich is conducted to co%erthe %acant ost aart from the main election7hich are held once in e%er: academic :ear.

RulesC Means rules made #: the Bunge under thero%isions of this constitution.

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BS!C ni%ersit: of Bagamo:o Students!rganisation.

BungeC ni%ersit: of Bagamo:o Students

Reresentati%es ouncil.

BC ni%ersit: of Bagamo:o.

PREAMBLE

4HERE AS it is ac8no7ledge that the students of Bagamo:o

ni%ersit: of +an6ania) stand to #e guided under Articles of

the

ni%ersit: of Bagamo:o onstitution) trust rules e@ressl:

ro%ide for the esta#lishment of the Students !rgani6ation)

7ith the o#$ecti%e of ma8ing the ni%ersit: of Bagamo:o

sa%e the nation in its unique education) en%ironment and

s:stem andD

4HERE AS the students understand and #elie%e that the

+rustees (ncororation !rdinance) a .. 4hich esta#lished

the constitution of the B +rust Rule) 2515 from 7hich

rule allo7 the esta#lishment of students !rgani6ation of

the B and its constitutionF and

4HERE AS the student understand and #elie%e that onl: a

diligent) accounta#le and resonsi#le AN, SEM(G

A+!N!M!S student< organi6ation democraticall: run #:

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the students 7ill #e comletel: resonsi#le) cometent and

committed to student is #eing formed to erform the

resonsi#ilities gi%en to them #: the nation as :ouths)

citi6ens and future leaders of +an6ania and the 7hole 7orld

at large and under numerous indeendent associations and

organi6ation reflecting the natural students or this

ni%ersit:. 4e students of Bagamo:o ni%ersit: Student

7hich shall ha%e such o7er in conduct of acti%ities under

this constitution as herein adressed.

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HENE) +HERE'!RE +H(S BS! !NS+(++(!N (S ENA+E,

B? +HE !NS+(++(!N !MM(++EE) on #ehalf of BS!

S+,EN+S) for the urose of #uilding the organi6ation and

ensuring that BS! is go%erned #: a go%ernment that

adheres to the rinciles of equalit:) accounta#ilit:)

resonsi#ilit:) commitments) democrac:) good moral

conduct) disciline) $ustice) freedom) solidarit:) fraternit:)

aroriate education standard and good go%ernance.

CHAPTER ONE

PART ONE

1. NAME OF THE HEADQUARTES.

+he name of !rigination shall #e ni%ersit: of Bagamo:o

Students !rgani6ation in short BS! and its headquarter

shall #e at the ni%ersit: of Bagamo:o amus.

+he official Language of ni%ersit: of Bagamo:o Students

!rgani6ation shall #e English and is7ahili

2. THE STATUS OF UBSO

EXISTENCE

BS! shall #e a student organi6ation 7hich shall

endea%or to fulfill its o#$ecti%es herein to the #est interest of

the student. BS! shall oerate in accordance 7ith

ni%ersit: of Bagamo:o +an6ania +rust ,eed) Rules and

Regulations made #: the +rustees.

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(1) 'or the urose of efficient discharge of its functions

BS! shall #e an e@tension of the ni%ersit:

administration and semiGautonomous organi6ation.

LEGAL PEROSNALITY

(2) BS! under the lea%e of the uni%ersit: Administration

shall ha%e o7er of signing and terminating an:contract =s> that in one 7a: or another in%ol%es BS!

mem#ers 7hene%er necessar:.

(3) (n relation to other students< organi6ations) societies

and or federations) BS! shall #e an autonomous

organi6ation) and for a%oidance of dou#ts) no

resolution) order or declaration mem#ers shall #ind

BS! 7ithout rior discussion and resolution #: the

Bunge

(4) BS! shall #e a neutral) nonGolitical and nonGreligious

origination in all asects and functioning therein.

3. OBJECTIVES

=1> BS! shall ursue its su#$ect stated herein regardless

to race)

nationalit:) se@) creed) gender) age) H(;A(,S status) olitical

ideolog: or religion. +he o#$ecti%es of BS! shall #eFG

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=2>+he aim and o#$ecti%e of BS! is to reresent

students< interest) 7elfare so as to romote) maintain and

harmoni6e students< academic life during their tenure at the

ni%ersit: ollege.

(a)+o romote and facilitate a roer organi6ation #asis

for communication #et7een the ni%ersit: and the

students as 7ell as maintain) harmonious relations

#et7een students and academic staffs) otheruni%ersities or institutions and the communit: in

general.

(b)+he ensure lo%e and resect for learning and the

ursuit of truth and to romote e%er: student to #e

a7are of his her resonsi#ilit: in issue of educating

himselfherself and then to others according to her or

his facult: of mind) and to search 8no7ledge for the

#etterment of human 8ind hence cherish and romote

academic freedom as a inaliena#le right of a student of

the uni%ersit:.

(c)+o stimulate) romote and de%elo student) talents

through all desira#le asects of cultural de%eloment

that ma8es the srit and lo%e for sorts) games) arts

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and music so as to 8ee the ni%ersit: 'ertile *round

for de%eloment of #est talents.

(d)+o romote eace) securit:) rule of la7 and maintain

e@ternal relationshi 7ith other students in higher

learning institutions of +an6ania) Africa and the 7hole

7orld for the interest of students or mem#ers of the

ni%ersit:.

(e)+o fulfill duties) o#ligations and e@ercise all o7ers%ested or conferred on the students< organi6ation #: or

under an: ro%isions of trust rule) 255- rule &". And the

su#sequent amendment made thereafter.

(f) +o do all such other things as man: #e conduci%e to the

attainment of the foregoing o#$ecti%es or an: one of

one of them and to question an: other things 7hate%er)

7hich aears to comromise the status of BS!.

(g) BS! shall act as an intermediar: or a #ridge #et7een

students and the ni%ersit: administration) the

*o%ernment of the nites reu#lic of +an6ania and all

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(i) +o glo#ali6e the ni%ersit: at international arena on the

issue of a7areness and understanding through

articiation in contemorar: issues ertaining the

countr: and the 7orld at large.

(j) +o romote and maintain relationshi 7ith the

surrounding communit: and the nation at large through

communit: outreach rograms and %olunteer acti%ities.

(k)+o suort sociall: and economicall: the disa#led

eole) street children and other grous in #est a#ilit:

7ith regardless of race) religion) nationalit:) creed)gender) age) H(; status or se@ual orientation.

(l) +o ensure that rule of la7) good go%ernance)

transarenc: and entire communit: in%ol%ement are

gi%en riorit: for the #etterment of BS! mem#ers and

the nation at large.

4. FUNCTIONS OF UBSO

BS! in ursuing of its o#$ecti%es stated a#o%e) it shall carr:

out the follo7ing functionsFG

(a) +o organi6e and assist its mem#ers in all academic

holds such as seminars) de#ates) conferences) and

stud: tours so as to enhance intellectual a7areness

of the students communit:.

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=#> +o initiate) encourage and secure necessar: funds so

as to romote and de%elo acti%ities for the #enefit

of the students of the ni%ersit:

(c) +o create) stimulate and romote all desira#le asect

of social) cultural) and siritual de%eloment 7hich

includes music) sorts and 7orshis 7ithout an:

discrimination of color) religion and se@. Political

ideolog: or gender form 7hich talents are de%eloed.

(d) +o act as an organ of sol%ing disutes 7hich arise

among students and #et7een students and

uni%ersit: college administration also as to maintain

eace) harmon:) lo%e and securit: among BS!

communit:.

(e) +o incororate and 7or8 hand in hand 7ith

administration in case of rearing students to

de%elo full: as ersons as 7ell as instilling in the

sirit of ser%ices through the e@amles manifested

#: its facult: and administration.

(f) B shall enhance the students to recogni6e he dignit:

and ultimate urose of human erson and his

centralit: in the uni%erse and ca7ing out scientific

and technological research.

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(g) +o in%ite an: distinguished ersonalities such as social)

cultural ) social academic and olitical leaders) 7ith

aro%al and consent of B management interaction7ith the students 7a: of lecturing them) anels or

grou discussions) 7or8shos) or an: other means

that 7ould romote a heathl: discussion 7ith

contemorar: social) scientific and olitical issue.

=h> +o assist the counseling of the students 7ith regard to

their social and academic matters) so as to form an

academic communit: as a center of e@cellence in

creati%it: and dissemination of 8no7ledge for #oth

lecturer and learners 7ho %igorousl: and criticall:

romote the rotection and 7ho %igorousl: and

criticall: romote the rotection and ad%ancement of

human dignit: and human %alue illuminate #:morall:) the African cultural heritage) as 7ell as

interacti%e relationshis 7ith international academic

communities.

(i) +o act as e@emlar: in imlementation on some

national olicies) such as offering equal oortunit:

of 7omen) ethnic minorities) the oor and disa#led)

nurturing %alue for a common culture and standard

of citi6enshi.

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(j) +o underta8e fund raising acti%ities as the students +o u#lish) #roadcast and rint trough the Mass media

to u#lish its o7n $ournal) #oo8s ne7saers) and

leafiest maga6ines) recording or other7ise through

an: other means of resenting information to the

u#lic.

(l) +o ta8e art in reshaing reGorgani6ation and

fundamentall: restructuring 7or8ing methods and)

ultimatel:) imro%ing efficienc: and effecti%eness of

ser%ice of B and the nation at large.

(m)+o reresent the B students in meeting and facilitate

their articiation in contemorar: issues ertaining

to the countr: and the 7orld at large.

(n) BS! shall stand for the rights of the B student so as

to fulfill their o#ligations and ma8e B conduci%e

en%ironment for ursing their =students> intended

career.

=o> +o ro%ide moral and material suort to the

disad%antaged sections of the surrounding

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communit:) street childrenD H(; A(,S %ictims and

the disa#led mem#ers of the societ:.

PART TWO

. MEMBERSHIP

=1>. E%er: erson administer to ni%ersit: of Bagamo:o

of +an6ania as a student of ostGgraduate degree)

undergraduate degree) diloma certificates includingoccasional short course students) shall #ecome mem#ers of

BS! uon admission and registration.

=2>. E%er: mem#er should a: an annual su#scrition

fee as ma: #e rescri#ed from time to time #: the Bunge.

=">. Mem#ershi of BS! shall cease 7hen such

mem#ers ceases to #e a student of ni%ersit: of

Bagamo:o.

!. BASIC RIGHTS OF UBSO MEMBERS

E%er: mem#ers of BS! shall #e entitled toFG

1. Particiate in all acti%ities of BS!

2. ;ote and hold office 7hen elected or aointed

ro%ided he she meet the laid do7n regulations of

the election #: la7s.

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3. !#tain and insect coies of all documents of BS!

uon request to the rime Minister

4. Request all u#lication BS! as shall #e determined

#: the Bunge

5. +o su#mit roosals and otions to #e discussed at

the students< Bara6a and the Bunge through the

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(c) +o fulfill hisher academic resonsi#ilities and

functions 7ith cometence intergrit: and to the

#est of his her a#ilit:.

(d) Be an e@amle at selfGdisciline and academic

resonsi#ilit: to a%oid the influence of BS! or its

office #earers in an: 7a: of manner that ma:

aears to re$udice the BS! status.

(e) +o encourage the sirit of tolerance to7ards

different %ie7s and oinions ) as 7ell as to

enhance democratic de#ated) discussion andarticiate in all acti%ities of BS!

(f) +o a%oid misuse and misaroriation of BS!

funds) remises or other roert:.

(g) A%oid unnecessar: demonstration that ma: arise

out of ersonal interests 7illfull: organi6e and) or

articiate or con%ince other to organi6e and) or

articiate in an: illegal meeting as stated in

Students #: la7

(h) All mem#ers of BS! shall attend meetings

regularl:) carr: out assignments) #e an e@amle of

self disciline industriousness) ethical and

academic resonsi#ilit:) articiate in all acti%ities

of BS! and refrain from influencing 7hich ma:

aear to re$udice the status.

#. GENERAL CONDUCT OF UBSO MEMBERS

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E%er: BS! Mem#ers shall #e o#liged to o#ser%e the

ersonal integrit:) dignit: and rights of other mem#ers. (n

an: e%ent 7hen it is ro%ed that an: BS! mem#ers ha%e

committed an: misconduct he she shall #e deemed to ha%e

%iolated ro%ision of this constitution. 'or a%oidance of dou#t

misconduct means all discilinar: offences under students

#: la7s and shall include #ut not limited toFG

(a) 'inancial imroriet: or misaroriate of BS! funds

(b) Se@ual harassment as defined in the ni%ersit: ofBagamo:o Students #: la7

(c) 'ailure or refusal to resond 7hen summoned #: the

discilinar: authorit: of BS!.

(d) se of scandalous) a#usi%e) or threatening language #:

an: BS! mem#er against an: other erson

(e) sing force or offering %iolence against or stri8ing to

follo7 BS! mem#er an: lace in 7hatsoe%er.

(f) An: %iolent act or conduct 7hich is 7ill full: indented

to o#struct an: of BS! meeting.

(g) An: act or omission that se%erel: diminishes or

re$udices the status of BS! and or its mem#ers.

(h) onduct 7hich does or li8el: to cause damage

defacement or %iolence to erson or roert: of a

fello7 BS! mem#er

$. PROHIBITION

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a> *am#ling of an: 8ind is for#idden on the

organi6ation +he funds of the organi6ation shall not #e used to

a: for the fines or mem#ers 7ho ha%e #een

con%icted in court.

c> +he organi6ation shall not #e indulge in na: olitical

acti%it: of allo7 its funds and or remises to #e

used for olitical uroses.d> +he organi6ation shall not engage in an: lotter:)

7hether confirmed to its mem#ers or not) in the

name of the organi6ation or in office #earers) of

go%ernment ) or mem#ers) unless 7ith the rior

aro%al of the ni%ersit: administration

=e> +he organi6ation shall not raise funds from

mem#ers of the u#lic for 7hate%er urose

7ithout the rior aro%al of the uni%ersit:

administration.

=f> +he organi6ation shall not 7rite or u#lish) or

circulate or to #e in ossession of an: material or

information in rint or electronic 7hich in o#scene

or li#elous and or 7hich contra%enes or is li8el: to

contra%ene the students #: la7s of the la7s of the

countr: or is li8el: to in%estigate religious conflict or

tri#al and olitical ideolog:.

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=g> +he organi6ation shall not allo7 in remises to hold

drugs or #e used for drug traffic or allo7 its

mem#ers to #e in ossession use or traffic drugs.

(i) 'or a%oidance of dou#ts) no BS! mem#ers shall #e

tolerated if in one 7a: or another engages in acts of

commercial or amateur ornograhic ictures ta8ing

and or %ideos #: using hones) camera) digital

camera or an: u#lic nudit: in an: art of the

organi6ation remises and) or as long as he or she ita mem#er of BS!) discilinar: measures shall #e

ta8en.

CHAPTER TWO

PART ONE

1%. UBSO PRINCIPAL ORGANS

Princile organs of ni%ersit: of Bagamo:o Students

!rgani6ation =BS!>

=i> +he students Bara6a

=ii> +he Bunge

PART TWO

11. STUDENTS BARA&A

=1> +here shall #e a student Bara6a of BS!. +he

Bara6a shall #e the sureme organ of BS!

=2> +he students Bara6a shall #e constituted #: all

students admitted and registered at ni%ersit: of

Bagamo:o

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12. MEETINGS OF THE STUDENT BARA&A

+he Bara6a shall #e con%ened as ro%ided for theni%ersit: almanac of BS!. Ho7e%er) an e@traG

ordinar: Bara6a ma: #e concerned at an: time

ro%ided that rime minster shall issue due u#lic

notice of such Bara6a 7hen so directed #: the Bunge or

#: the resident after o#taining ermission from the

administration) Pu#lic notice shall #e gi%en at least

se%en =0> da:s rior to the meeting.

a) +he quorum of the Bara6a shall #e 12 of its

mem#ers

#> +he resident shall reside o%er the entire meeting

=Bara6a>

c> +he result of the uni%ersit: student Bara6a shall #e

consensus or #: acclamation or #: a simle ma$orit:

of mem#ers resent and %oting

d> +he dean of students or Matron shall ha%e no o7er

to %ote

13. THE FUNCTION OF THE STUDENT BARA&A

+he function of the student Bara6a shall #eF

a) +o o%ersee acti%ities of all other organs of the BS!

#> +o discuss all matters of interest of student

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c> +o ma8e final decisions on recommendations of the

Bunge including %otes of no confidence to the

resident or %ice resident se%erall: or indi%iduall:

d> +o in%ite officials from 7ithin or outside the

ni%ersit: college as the need arises

e) +he Bara6a ma: delegate an: of its o7er to the

Bunge) as it ma: deem fit.

PART THREE

14. THE BUNGE

(1)+here shall #e a ni%ersit: college student +he sea8er 7ho shall reside o%er all meetings

#> +he deut: sea8er

c> +he Bunge secretar:

d> +he Bunge mem#ers from each electoral

constituenc: stated in the election #: la7s

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e> 'acult: and institute reresentati%es

f> lass reresentati%e

g> +he rime minister 7ho shall #e reresenting thego%ernment in such meeting

h> Ministers if it aears necessar: to do so and #:

aro%al of the sea8er) and for a%oidance of

dou#ts the ministers shall not ha%e %oting o7er if

the: attend and of such meeting

(3)+he Bunge shall con%ene four =&> ordinar: meetings in

a semester e%er: month. +he Bunge shall meet at an:

other time and the secretar: shall determine #: notice

as ro%ide for under this constitution.

=&> +he quorum for the Bunge shall #e 2" =t7o third> of its

mem#ers and it decision shall #e carried #: consensus

or #: a simle ma$orit: of mem#ers attending and

%oting

=-> Su#$ect to other ro%ision under this constitution) all

the Bunge mem#ers shall hold office for one academic

:ear and shall #e eligi#le of reGelection.

1. POWERS OF THE BUNGE

=1>. 4ithout an: re$udice the Bunge shall ha%e o7ersF

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a> +o select the Sea8er and deut: sea8er from

amongst the Bunge Mem#ers

b) +o select and aro%e the Bunge secretar: from

the among mem#ers 7ho shall not come from the

Bunge mem#er or the BS! office #earer.

c) +o reresent BS! for an: urose as ma: #e

required from time to time ro%ided that 7ere

ne%er it is e@edient to do so) BS! go%ernment

ma: discharge it functions under this aragrah

su#$ected to do so. BS! aragrah su#$ected to

restrictions as the Bunge ma: secif:

d) +o re%ie7 and aro%e or disaro%e olicies and

actions of BS! 7hene%er it considers necessar:

or desira#le to do so.

e) +o ma8e ro%ision in an: aroriate manner.

f) +o esta#lish committee as ma: #e found

necessar: for the e@ecution of its functions.

g) +o aro%e all the Bunge u#lications

h) +o erform an: other dut: in the interest of BS!

and ma8e rules and regulations of BS!.

i) +he #unge mem#ers shall #e entitled for such

allo7ance as determined in the financial

regulation as ra%ished.

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PART FOUR

1!.THE BUNGE SPEA'ER

=1> +here shall #e the sea8er of BS! #unge ) 7ho

shall #e

elected #: and from the among the Bunge

mem#ers.

a> +he sea8er shall reside o%er all #unge

meetings

#> +he sea8er shall #e elected #ut the Bungemem#ers at the first meeting of the Bunge) #:

simle ma$orit:.

2. An: BS! go%ernment office #earer shall not qualif:

for the ost of the sea8er.

". +he sea8er shall cease to hold the office of the

sea8er if he is remo%ed from office of the #unge #:

;otes of not less than a half) if the #unge is dissol%ed

of he she %iolates an article of this constitution or

students #:Gla7s or) if heshe is susended) resigns

from office #: an: cause cease to #e a mem#er of the

Bunge ostone the studies) disqualified or #: reason

of death or an: incaacit: 7hich ma8e him incaa#le of

erforming the officer.

1". QUALITIES OF THE BUNGE SPEA'ER

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=a> Must #e a erson of good credi#ilit: and

conduct.

=#> Must #e fluent in #oth English and is7ahili.

=c> Must #e elected as mem#er of the Bunge.

=d> Should not #e either finalist students or a first

:ear student.

=e> Must #e a erson of good moral conduct.

PART FIVE

1#.DEPUTY SPEA'ER=1> +here shall #e a deut: sea8er of the Bunge 7ho

shall #e

Elected form among the Bunge mem#ers.

a) +he deut: sea8er in the a#sence of the

sea8er shall resident o%er the Bunge

meetings.

=2> +he deut: sea8er shall cease to hold the office

of the deut: sea8er if he is remo%ed from office #:

ordinar: resolution of the Bunge or Bunge is dissol%ed

for his %iolating an: article of this constitution or

students #: la7s or he is susended) resigns

ostones studies) disqualified or #: reason or deathor an: incaacit: 7hich can ma8e him incaa#le or

erforming the office of the deut: sea8er.

"> 9ualities of the deut: Bunge sea8er

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a> Must #e a erson of good credi#ilit: and conduct.

#> Must #e fluent in #oth English and is7ahili

c> Must #e elected and mem#er of the Bunge

e> Must #e of good moral conduct

PART SIX

1$.BUNGE SECRETARY

=1> +here shall #e the Bunge secretar:) elected #: the

Bunge Mem#ers from amongst BS! mem#ers)

for a%oidance of dou#ts the Bunge secretar: shallnot #e a Bunge Mem#er or BS! go%ernment

office.

i. +he Bunge Secretar: shall #e elected

in the first meeting of the Bunge #:

simle ma$orit:.

ii. Reealed.

iii. +he Bunge secretar: shall not ha%e

%oting o7er.

=2> +he Bunge Secretar: shall #e entitled for such

allo7ances as determined in the financial

regulations.

2%. FUNCTIONS OF THE BUNGE SECRETARY

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+he Bunge secretar: shall ha%e the follo7ing

functionsF

a) +o 7or8 out a rogram for the Bunge meeting

and reare agenda for each meeting.

#> +o record minutes and maintain a record of

each Bunge meeting

c) +o discharge an: other duties and functions

as shall #e directed from time to time #: the

sea8er.

PART SEVEN

21. DISSOLUTION OF THE BUNGE

=1>. +he BS! Bunge shall #e dissol%ed at its maturit: #: the

resident or the ;ice President in the a#sence of the

resident. =2>. +he uni%ersit: Bunge shall ha%e o7er to dissol%e reG

maturel: collecti%e lia#ilit: or deending on the needs

and interests of BS! mem#ers

="> (n cases of conflicts #et7een the BS! *o%ernment

and the Bunge or 7ithin the BS! *o%ernment or

7ithin the Bunge) the same shall #e referred to the

office of ,ean of students for media to and it not

resol%ed the mater shall #e referred to the un%isited

Administration for final decision

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=&> +he ,ean of student shall #e required to mediate such

disute 7ithin one month. And 7hen the ,ean of

students fails to mediate the arties) he or she 7ill

7rite the reort stating that he or she has failed to

mediate the arties. +hen that reort 7ill #e su#mitted

to the ni%ersit: Administration.

=-> 'or a%oidance of dou#ts) the sureme organ to

dissol%e the Bunge erGmaturel: shall #e the student

Bara6a if it aears it is not in the interest of the BS!

#: 2" of its mem#ers attending and %oting in theresence of the ,ean of students 7ho shall #e het

o#ser%er of the 7hole rocess

CHAPTER THREE

PART ONE

22. THE UBSO GOVERNEMENT

+here shall #e the ni%ersit: of Bagamo:o students +he resident

#> +he %ice resident

c> +he rime minister

d> +he general secretar: resident office

e> Ministers

f> ,eut: ministers

g> Secretaries from each ministers

PART TWO

24.THE UBSO PRESIDENT

+here shall #e the BS! resident) 7ho shall #e elected in

the general election #: all BS! mem#ers #: simle

ma$orit:) 7ho shall carr: out his function in accordance the

ro%isions of this constitution.

2. FUNCTIONS OF UBSO PRESIDENT

=1> +he BS! resident shall ha%e the follo7ing functions

and o7ers.

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a) +he BS! resident shall #e the head of BS!

go%ernment and the chief so8en erson in all matter

relating to the affairs of het BS! mem#ers and

*o%ernment.

b) +he BS! resident shall reside o%er all BS!

meeting and ca#inet meetings.

c) Shall imlement the decisions of the student Bara6a

and the Bunge.

d> Shall #e the lin8 #et7een the students and the

uni%ersit: administration

e) Shall aoint the rime minister among BS! mem#ers

f> +he resident in consultation 7ith the ;ice resident

and het rime ministerial secretaries

2!. QUALIFICATION FOR THE POST OF PRESIDENCY

Not7ithstanding 7ith an: other ro%ision to the contrar:) a

erson contesting of the ost of resident shall ha%e the

follo7ing qualifications and other qualifications set in the

eclectic #: I la7s

a) Shall #e a #ona fide mem#er of the BS!

b) He must #e a citi6en of +an6ania

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c> Must #e a erson of good ersonalit: and credi#ilit:

d) Must ha%e a least uer second class and second :ear

or diloma holder ursued 7ithin the N(;ERS(+? !'

BA*AM!?! and he is first :ear.

e) Should not ha%e an interest in an: olitical art:

f) Shall #e of sound mind.

2". OATH OF THE PRESDENT+he resident #efore assuming the office shall get the

!ath of the commissioner and such oath concerning

the due discharge of the functions of his office as ma:

#e rescri#ed #: the Bunge.

2#. TENURE OF OFFICE FOR THE PRESIDENT

=1> (f the resident is disqualified from the studies) the %ice

resident shall hold the office of the resident ending

the general elections.

=2> +he resident shall cease to hold the office of the

resident if an: of the follo7ing occursD

a> Resigns form office

b) (meachment #: the Bunge

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c) B: his cause of death

d> ,iscontinuation from studies

e) +he da: his successor ta8es office

f) He is susended

g) He ostones studies or na: other causes 7hich 7ill

ma8e him incaa#le of holding the office of the

resident

h> (f an: of the a#o%e occurs 7ithin the term ofresidenc:) the %ice resident shall hold the office of

the resident for the remaining eriod till general

election

!nce the resident ceases to hold the office of the resident

for th"e cause stated a#o%e) he shall not #e in%ol%ed or

in%ol%e him in the acti%ities of the BS! go%ernment as

erformed #: the resident or his successor.

2$. IMPEACHMENT OF THE PRESIDENT

(1)+he Bunge ma: dissol%e or remo%e the resident from

the office if a motion to imeach the resident is mo%edand assed in accordance 7ith the ro%ision of this su#

article for a%oidance of dou#ts onl: the resident and

%ice resident shall #e su#$ect to imeachment under this

article

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=2> Su#$ect to this ro%ision) no motion to imeach the

resident shall #e mo%ed sa%e onl: if it is alleged that the

residentFG

a> Has committed acts) 7hich generall: %iolates their

constitution

b) Has conducted himself in a manner) 7hich

assumes the office of the resident

3%. IMPEACHMENT PROCESS

=1> +he Bunge shall not ass a motion to imeach the

resident

a) A 7rite notice secif:ing the 7rong committed and

signed #: t7o third of the Bunge is ser%ed to the

sea8er se%en da:s rior to setting at 7hich such

motion is entertained to #e mo%ed.

b) on the receit of notice #: the sea8er a

secial committee of inquir: shall #e formed.

c) +he committee shall carr: out and in%estigate and

finall: su#mit to the sea8er 7ithin fourteen da:s

d) +he sea8er inform the resident of the entire

allegation and he shall #e gi%en an oortunit: to

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after 7hich the secial committee or inequit: shall

su#mit the final reort to the sea8er

PART THREE

31. THE UBSO VICE PRESIDENT

=1> +here shall #e the %ice resident of BS! 7ho shall

#e

elected concurrentl: as running election of the

resident in accordance 7ith this constitution

=2> +he %ice resident shall #e the rincial assistant

to the resident in resect of all matters in BS!

go%ernment generall: and shallD

a) Assist the resident in ma8ing a follo7 u on the

da: to da: imlementation of BS! o#$ecti%es and

the functions

b) Perform all duties assigned to him or her #: the

resident

c> Perform all the other duties and functions of the

office of the resident 7hen the resident is out of

office or out of the uni%ersit: remises and shall

cease to hold the office 7hen the resident

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assumes his office or his #ac8 to the uni%ersit:

remises.

="> 4ithout re$udice to the ro%ision of Article ="1> =1>)

the %ice President shall #e elected in the same election

together 7ith the resident as his or her running met

and #eing %oted for together on the same tic8et. 4hen

the resident candidate is elected the %iceGresident

shall ha%e #een elected

=&> 4hen resident is remo%ed from his office as stated

under

Article 2") the %ice resident shall hold his office till

general election) ro%ided the Bunge shall his or

caacit: to carr: out the resonsi#ilit: of the office of

the resident

32. QUALIFICATION FOR THE VICE PRESIDENT

=1> A erson shall not #e nominated to contest for the office

of

the %ice resident of BS!) sa%e onl: ifFG

a> He or she is a citi6en of the united reu#lic of

+an6ania

b) He or she is a registered BS! mem#ers

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c> He or she must #e a erson of good ersonalit: and

credita#ilit:

d) Shall not #e a finalist or first :ear unless he she

ursued diloma 7ithin B.

e) Must ha%e at least uer second class and

roceeding :ear

f) Should not hold office in an: olitical art:.

g> Shall #e of sound mind and he is not disqualified #:

other ro%ision or election #: la7

33. OATH OF VICE PRESIDENT

+he %ice resident shall assume office of the %ice residentthe same da: the resident assumes office.

+he %ice resident shall #efore assuming office ma8e and

su#scri#e #efore the commissioner for oath) the oath of

allegiance and such other oath concerning the due discharge

of the function of his office as ma: rescri#ed #: the Bunge.

34. TENURE OF OFFICE FOR THE VICE PRESIDENT

=1> nless he or she sooner resigns of dies) a erson

elected or aointed in accordance to article "5 to #e

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the %ice resident shall su#$ect to the other ro%isions

of their Article hold office for a eriod of one :ear onl:

and shall not #e qualified for reGelection

=2> +he %ice resident shall hold office until

a) His or her tenure in office e@ired

b) His or her death

c) His or her resign

d> He or she is susended

e) 4hen another resident is s7orn to hold the office of

the resident together 7ith his %ice resident

f) (meachment #: the Bunge

g> He or she is discontinued from studies

i> He or she ostones studies) or an: other cause

7hich 7ill ma8e him or her incaa#le of holding the office

from the resident

3. IMPEACHMENT OF THE VICE PRESIDENT

+he Bunge shall ha%e the same o7er to remo%e the %iceG

resident from office as it has in relation to the resident

sa%e onl: that an: otion to imeach the %iceGresident

shall #e mo%ed #efore the Bunge onl: it is alleged that

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a> +he resident has su#mitted a comlaint to the sea8er

of the Bunge stating that the %ice resident has ceased

or failed to discharge the duties and functions of the

office of the %ice resident

#> He has committed acts 7hich generall: %iolated this

constitution or the student #: la7s

c> He or she has conducted himself or herself in a manner

that lo7ers the esteem of the office of the %ice

resident and no such motion shall #e mo%ed 7ithin

t7o months from the time 7hen similar motion 7as

re%iousl: mo%ed and re$ected #: the Bunge.

d> (n the e%ent that the office of the %iceG resident is

%acant ursuant to the a#o%e ro%isions then as soon

as ossi#le and in an: e%ent 7ithin a eriod not

e@ceeding 21 da:s after the %ice resident shall #e the%ice resident and such aointment shall #e confirmed

#: the Bunge #: simle ma$orit: %ote #: Bunge

mem#ers resent and %oting

e) A %ice resident remo%e from the office under the

a#o%e ro%isions shall n longer qualif: to hold the office

of the resident) %iceGresident) rime minister) Bungemem#er) or an: other office 7ithin BS!.

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f> +he ro%ision of article "1 relating to the rocedures to

imeach the resident shall al: mutatis mutandis to

the %iceGresident.

PART FOUR

3!. UBSO PRIME MINISTER

+here shall #e a rime minister of BS!) 7ho shall #e

aointed #: the resident in consultation 7ith the %ice

resident) 7ho #efore assuming office shall ta8es and

su#scri#e #efore the commissioner for oath and such

oath of allegiance as ma: #e rescri#ed #: the Bunge.

3". APPOINTMENT AND QUALIFICATION OF THEPRIME MINISTER

=1> As soon as ossi#le and in an: e%ent 7ithin 0 da:s

after election.

Assuming his office) the resident shall aoint

the rime minister from amongst BS! mem#er.

=2> 9ualification for the Prime minister

a) Shall #e a #ona fide mem#ers of BS!

#> He or she must #e +an6ania citi6en

c> Must #e a erson of good ersonalit: and

credi#ilit:

d> Shall not #e a finalist

e) Should not hold office in an: olitical art:.

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3#. TENURE OF THE PRIME MINISTER

=1> Su#$ect t other ro%ision in this constitution therime

Minister shall hold office of the rime minister

untilFG

a> His or her tenure in office e@ire

#> He or she dies 7hile in office

c> He or she resigns

d> He or she is susended

e> 4hen another resident is s7orn in to hold the

office of the resident together 7ith his or her

rimer

f> He or she is discontinued from studies

g> He or she art ones studies) or an: other

cause 7hich 7ill ma8e him or her incaa#le of

holding the office of the resident

h) He is remo%ed from office #: he resident of the

Bunge or an: other case 7hich ma8es him

incaa#le of holding the office.

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=2> nless he or she sooner resigns or dies the tenure

of office of the rimer shall #e one :ear onl: and

shall not qualit: for reaointment.

="> (f the office of the falls %acant in na: cause

referred in this constitution the resident shall

7ithin 0 da:s aoint another rime minster from

amongst BS! mem#ers 7ho shall #e aro%ed or

disaro%ed #: the Bunge.

3$. THE FUNCTION OF THE PRIME MINISTER

+he rime shall ha%e the follo7ing functionsF

a) Shall ha%e an authorit: to control) suer%ision and

e@ecution of the da: to da: functions and affairs of

BS!

b) Shall reresent the BS! go%ernment in the Bunge

c> Shall #e the leader of go%ernment #usiness in the

Bunge

d) (n e@ercise of his authorit:) the rime minster shall

erform or cause to #e erformed an: matter or

matters 7hich the resident directs to #e done.

e) +he rime minister shall hold the office of the

resident if the %ice resident and the resident

there are a#sent from the college and shall cease

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other hold such office if the: come #ac8 and resume

his office.

4%. REMOVAL OF PRIME MINISTER BY PRESIDENT

+he Bunge shall ha%e the same o7er to remo%e the

rime minister from office as it has in relation to the

resident sa%e onl: that an: motion to imeach the

rime minster shall #e mo%ed #efore the Bunge onl: if

it is alleged thatF

a) +he resident has su#mitted a comlaint to the

sea8er if failed to discharge the duties and

functions of the office of the rime minster.

#> He has committed acts 7hich generall: %iolate this

constitution or the student #: la7s

c) He has conducted himself or herself in a manner that

lo7ers the esteem of the office of the rime minster

and no such motion shall #e mo%ed 7ithin t7o

months from the time 7hen similar motion 7as

re%iousl: mo%ed and re$ected #: the Bunge.

41. VOTE OF NO CONFIDENCE TO THE PRIME MINISTER

BY THE BUNGE

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=1> +he Bunge ma: ass a %ote of no confidence in

the rime

Minster if a motion if a motion roosing in that

#ehalf in mo%ed and assed in accordance 7ith

this Article

=2> A %ote of no confidence in the rime minster shall

not #e

mo%ed in the Bunge unlessFG

a> A 7ritten notice signed and suorted #: at least

t7ent: ercent =25J> of all Bunge mem#ers insu#mitted to the sea8er.

b) (t has relationshi 7ith the discharge of the

resonsi#ilities of the rime minister.

c> +he rime minster has #reached the ro%ision of

this construction or the student #: la7s

d) He is not in the interest of the BS! mem#ers

e> 'inancial imroriet:

f> Se@ual harassments

g) An: act or omission that se%erel: comromises or

diminishes or re$udices the status of BS!mem#er

="> +he motion 7hich satisfied the ro%isions of this

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a> Shall #e the secretar: to the student Bara6a and

students< *o%ernment

#> +o call and arrange meetings 7ith the consultation of

the resident

c> +o 8ee minutes and other records of the meetings

to 7hich heshe is secretar:

d> +o erform other duties as ma: #e assigned #: the

resident

e> +o 7or8 out a rogramme for ca#inet meetings and

student Bara6a reare agenda for cash meeting

f> +o assume the duties of the resident in the a#sence

of the all the resident) %ice resident and the rime

minster

g> Secretar: general shall #e entitled for such

remuneration as rescri#ed in financial regulation

CHAPTER FOUR

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PART ONE

44. THE CABINET

+here shall #e a BS! headed #: the resident

mem#ers of 7hich shall #e heFG

a> +he resident

#> +he %ice resident

c> +he rime ministers

d> Secretar: general resident +he resident shall call and attend the meeting of

the ca#inet and shall reside o%er those meetings.

(n the e%ent of the resident a#sent the %ice

resident shall reside o%er the same) if #oth are

a#sent then the rimer shall reside o%er such

meeting .

=2> +he ca#inet shall #e the rincial organ for

ad%ising the resident regarding all mattes

concerning the student


55/83

="> And for a%oidance of dou#ts the %ice resident)

the rime minster) secretar: general residents

office) all ministers and deut: ministers). Shall #e

accounta#le to the resident

=&> +he Bunge shall ha%e the o7er to summon

ca#inet mem#ers indi%iduall: or collecti%el:

=-> +he tenure of office of the ca#inet mem#ers shall

commence on the da: the: are s7orn in

=/> 'or a%oidance of dou#ts) ministers) ministerial

shall hold office at the leasure of the residentand shall not #e aid salar:D e@cet allo7ances

and other remunerations in accordance 7ill rules

or regulations romulgated #: the Bunge.

4!. APPOINTMENT OF THE CABINET

All ministers and ,eut: Ministers shall #e aointed

from amongst BS! mem#ers.

4". OATH OF THE CABINET MEMBERS

All ministers and deut: shall not assume office until

the: ma8e and su#scri#e the oath of allegiance #efore

the commissioner for oath.

PART TWO

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4#. APPOINTMENT OF THE MINISTERS

=1> +he resident shall aoint such num#ers of the

minister

and deut: ministers as he deems fit.

=2> +he tenure of office of minister shall commence on

the

date he or she has ta8en oath.

4$. VACANCY FOR THE OFFICE OF MINISTERS

+he office of the minister or deut: minister shall#ecome %acant uon occurrence of an: of the

follo7ingFG

a> +he incum#ent resigns or dies

#> +he incum#ent ceases to #e a RS! mem#er

for an: reason not connected 7ith the

dissolution of the ca#inet

c) 4here the resident re%o8es the aointment

there #: remo%ing ht incum#ent from office.

d> 4here the incum#ent is susended or reeats a

:ear

e> 4here the discilinar: committee ma8es adecision confirming that the incum#ent has

contra%ened the students #: la7s or the RS!

constitution

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f> +he& ministers and their deuties shall hold

office at the leasure of the resident.

%. PRESIDENT TO DECIDE THE NUMBER OF

MINISTRIES

+here shall #e such num#er of ministries as determined

#: the resident and shall ha%e the flo7ing functionsFG

a> +o held their resecti%e ministries

#> +o underta8e all tas8s and erform all duties of their

resecti%e ministries

c> +o aoint ministerial committees in each ministr: if

an

d> +o attend Bunge meting if it aears necessar: to do

so or after #eing summoned #: the sea8er or

deut: sea8er 7ith a 7ritten note

1. 'or a%oidance of dou#ts the minister if the: attend the

Bunge the: shall not ha%e o7er to %ote

2. +he ca#inet shall sit t7ice in each academic semester

PART THREE

3. THE FACULTY AND INSTITUTE REPRESNTATIVES

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+here shall #e faculties and institute reresentati%es)

reresenting each facult: in the Bunge) 7ho shall #e elected

from BS! mem#ers.

=1> +he facult: institute reresentati%es shall #e

elected in

the general election of resident and %ice

resident

="> Each facult: institute shall #e reresented ot

the facult: institute Board #: fi%e mem#ers

elected to the #oard #: the students in the facult:.(nstitute from amongst them.

=&> +he reresentati%e shall ensure that the: ma8e

necessar:

Prearation rior to attending an: meant) and

the: shall consult their reresentati%e students

and BS! Bunge on matters of students) interest

to #e discussed at such meeting.

4. QUALIFICATIONS OF THE FACULTY AND INSTITUTE

REPRESNTATIVES

+he facult: and or institute reresentati%es shall ha%e the

follo7ing qualificationFG

a> Must ha%e at least uer second class form the

ersecti%e facult:

#> Must #e erson of good qualit: and credi#ilit:

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c> Must #e fluent in English and S7ahili

PART FOURPART FIVE

. CLASS REPRESENTATIVES:

+here shall #e class reresentati%es from each class) 7ho

shall #e mem#er of the Bunge

(1) +he class reresentati%es shall #e elected #: their

resecti%e classes each academic :ear and nothing

shall stos a class to elect continuousl: a erson to

their class reresentati%e. Such election shall #e

suer%ised #: head or deartment or the dean of

facult:.

=2> Nothing shall #e construed to re%ent a class fromdismissing the class reresentati%e from office if he

or she fails to erform his duties ro%ided the same

has to #e referred to the head of deartment of dean

of facult:.

="> lass reresentati%e shall #e elected #: simle

ma$orit: of the class mem#ers.

=&> 'or a%oidance of dou#ts there shall #e one male and

one female class reresentati%e from each class.

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!. FUNCTIONS OF CLASS REPRESENTSNTIVES

=1> +he class reresentati%e shall ha%e the follo7ing

functionsFG

a> Shall reresent their resecti%e class in the

Bunge meetings and shall also discharge all

duties and functions s directed #: the Bunge

#> Shall ensure that the: ma8e necessar:

rearation rior to attending Bunge meetings

and shall consult their resecti%e class

mem#ers

c> Shall discharge all duties directed #: the Bunge

=2> +he class reresentati%es shall #e entitled for such

monthl: allo7ances as descri#ed in the financial

regulations as re%ised.

CHAPTER FOUR

PART ONE". THE ELECTORAL COMMISSION:

+here shall #e and is here#: esta#lished an electoral

commission 7hich shall consist of ele%en =11> mem#ers

together 7ith the chair erson aointed #: the Bunge.

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#. THE COMPOSITION OF ELECTORAL COMMISSION

=1> +he electoral commission shall #e comosed of the

follo7ing

Mem#ers.

a> A chairerson 7ho shall #e a finalist student from

an: facult:

#> A %ice chairerson 7ho shall from an: flut:

c> A secretar: of the commission from an: facult:

d> And other eight mem#ers from RS! as secified in

this constitution and election #: La7s

=2> !n the first meeting the mem#ers of the electoral

commission shall aoint among themsel%es the %ice

chairerson and the secretar: of the commission

="> (n selection of the mem#ers of the electoral

commission the Bunge shall consider equal facult:

and gender reresentation

(4) +he mem#ers of the commission shall #e entitled for

sitting allo7ance as determined #: financial

regulation.

$. ELIGIBILITY IN THE ELECTORAL COMMISSION

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=1> +he follo7ing erson shall not #e eligi#le for

aointment as mem#ers of the electoral

commission

a> An: leader of a olitical art:

b) An: BS! mem#ers 7ho once has an: office in

the B! go%ernment 7hointer&nd to contest for

an: ost in the BS! go%ernment.

=2> +he ,ean of student and) or matron shall attend the

meetings for the electoral commission as o#ser%ers

thereof.

="> And for a%oidance of dou#ts) the dean of students

and matron shall not ha%e o7er to %ote in the

meetings of the electoral commission.

!%. RESPONSIBILITIES OF THE ELECTORAL

COMMISSION

+he resonsi#ilities of the electoral commission shall #eFG

a> +he suer%ise and coordinate the general elections

and #: election

#> +o suer%ise and coordinate the conduct of the

residential

c> Bunge election and facult: reresentati%es and

institute reresentati%e

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d> +o re%ie7 and demarcate BS! for %arious uroses

of Bunge elections

e> +o suer%ise and coordinate %oting during general

and #: elections

f> +o erform an: other functions as directed #: the

Bunge and the election #: La7s.

!1. TENURE OF OFFICE FOR THE ELECTORALCOMMISSION

Su#$ect to others ro%ision of this constitution a mem#er of

electoral commission shall cease to #e a mem#er of electoral

commission 7here%er an: of the follo7ing occurs

a> Susension

!2. ELECTORAL COMMISSION SHALL BE AN

AUTONOMOUS ORGAN

=1> 'or the urose of carr:ing out its factions) the

electoral commission shall #e an autonomous organ

and its mem#ers shall discharge their duties in

accordance 7ith this constitution and election #:

La7s

(2) (n discharging its function in accordance to this

constitution he electoral commission shall not #e

o#liged to coml: 7ith orders or directions from an:

erson #oard) organ) or the administration or %ie7 of

an: ointed art:.

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PAR+ +4!

GENERAL ELECTION:

!3. CONDUCT OF GENERAL ELECTION

=1> *eneral election for BS! shall #e conducted e%er:

academic :ear in the fourth 7ee8 of the second

semester as ro%ided in the uni%ersit: almanac.

=2> Each candidate shall ha%e one reresentati%e during

%oting and counting of %otes as 7itness thereof.

!4. ELECTION BY SIMPLE MAJORITY

Not7ithstanding an: other ro%ision to the contrar: a

7inner for residential seat) facult: reresentati%e)

institute reresentati%e and #unge mem#er shall #e

declared on simle ma$orit: #asis of all %otes and

counted.

!. PROHIBITED CONDUCT DURING ELECTIONS

(t is here#: rohi#ited in an: election the follo7ing conducts

7hich

shall among the election offences and shall #e strictl:discilinar: measuredFG

a> Stealing of %otes

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#> A#usi%e) dirt:) defamator: and) or scandalous

camaigns

c> amaigning of 7hether 8ind during %oting

d> heating of an: required qualification needed for an:

ost

e> *etting aid) grant) loan or mone: of 7hate%er among

of 8ind for the urose of election

f) Ma8e or cause an: %iolence or an: act for the urose

of ma8ing the conduct of the elections imossi#le

g> An: other conduct e@ressl: or imliedl: rohi#ited in

the election #: la7s

!!. REMUNERATING FOR THE MEMBERS OF THEELECTORAL COMMISSION

=1> Su#$ect to the ro%ision this Article BS! shall #e

demarcated into electoral constituencies of such num#er

and in such manner as shall #e determined #: the electoral

commission.

=2> (n demarcating an: constituent the electoral

committee

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shall ta8e due account of the a%aila#ilit: of BS!

mem#ers

there to and equal reresentation

a> +here shall #e held #: election of a mem#er of the

Bunge in an: constituent 7hene%er the seat of an:

mem#er of Bunge reresenting that constitute falls

%acant or an: reason not connected 7ith dissolution of

the Bunge

#> +here shall #e elected onl: one mem#er of arliament

in each constitute 7ith dissolution of the Bunge

!". NULLFIYING) DISQUALIFICATI AND PROHIBITIONS

1> +he electoral commission shall ha%e the mandate to

nullif: the general election results if an: candidate has

committed a gross misconduct during election asdescri#ed in this constitution under article 05 has

contra%ened an: other article or the election #: la7s.

2> ,uring camaign the electoral commission can

disqualif: and contestant if it is ro%ide that he or she

%iolated or contra%ened an: ro%ision of this

constitution or election #: la7s

3) (t is here#: rohi#ited to use %iolence of 7hate%er 8ind)

a#usi%e scandalous andD or an: other dirt: camaigning

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against an: other contestant or BS! mem#ers to the

same.

0&. =1> +he electoral commission shall call uon a ne7 election

7ithin

t7ent: one =21> da:s if the general election or an: #:

election

result of an: candidate is nullified in relation to article

05 and 0"

=2> An: aeal concerning he general election o #:

election shall

#e lodged to the chairerson of the electoral

commission

7ithin 325 da:s 7ho shall then refer the aeal to the

chairman of the electoral aellate #od:

APPEAL AGAINST ELECTION

0-. +he electoral aellate Bod: shall #e an aellate

#od:

concerning all matters of the general election or #:

election

0/. =1> (n sitting as an aellate the #od: and the

electoral aellate #od: shall #e comosed of thefollo7ing mem#ersF

1> +he outgoing minister for Kustice)

onstitution and legal affairs 7ho shall #e the

chairman

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2) !nce reresentati%es from master of la7

=LL.M> elected #: the BS! Bunge

3) !ne mem#er from each facult: or institute

elected #: the BS! Bunge

&> +he outgoing resident shall #e the

secretar: of the electoral aellate #od: and

shall not a %oting o7er

-> An: aeal #efore the aellate #od: shall

#e decided #: a of equalit: of %otes of the

mem#ers resent and %oting) ( the e%ent of

equalit: of %otes the chairman of the meting

shall) in addition to his deli#erati%e %ote as a

mem#er of the electoral aellate #od:) ha%e

a casting %ote

00. !n aeal the decision of the electoral aellate #od:

shall #e

#inding and final to the arties.

CHAPTER FIVE

PRIVILAGES AND IMMUNTIY TO UBSO OFFICE BEARERS

THE PRESIDENT

0. +he resident elected in the general election shall #e

entitled to

the follo7ing ri%ileges

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a) He or she shall get free accommodate 7ithin B main

camus hostel for his or her tenure in office.

b) +he accommodation for the resident shall #e in an

e@ecuti%e room of t7o eole and not more than t7o.

c> Shall su#$ect to consultation 7ith the deut: rincial

academics su#mit late his assignment=s> 7hich 7ere

gi%en 7hile he or she 7as erforming official duties

d> Reealed.

THE VICE PRESIDENT AND THE PRIME MINSTER

03. +he %ice resident and the rime minister shall #e

entitled for free accommodation in the camus e@ecuti%e

room of t7o eole onl: during the tenure of office.

CHAPTER SIX.

FORMATION OF BAGAMOYO UNIVERSITY COLLEGE

INTERIM GOVERNING COUNCIL.

5. +here shall #e elected an interim go%erning council in

BS! herein after referred as BS! 7hen the follo7ing

circumstances aearF

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a) +he conflict 7hich 7as referred to the administrating

#et7een the Bunge and the BS! go%ernment has

ro%ed to #e futile to e@istence and continuation of

the BS! Leadershi

b) +he BS! go%ernment collecti%el: has committed

acts of misaroriation of BS! funds

c) ,issolution of the go%ernment collecti%el: #: the

student Bara6a ro%ided such dissolution shall occur

after si@ months since the go%ernment 7as s7orn in.

d) !r an: other cause or reason 7hich ma8es the

general functioning of the BS! go%ernment

imossi#le

1. (n an: of the a#o%e haens and it aear that there is

a need for an interim go%ernment as er this article)

the interim go%ernment council shall #e elected as

follo7sF

a) 4ith the order from the administration) the dean of

students or his reresentati%e thereto or the order of

each class reresentati%e to choose t7o =2>

reresentati%es from each class

#> +he reresentati%es shall elect among themsel%es

the follo7ing leadersF

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i. +he chairerson of the council 7ho shall also #e

the resident of the interim go%ernment

ii. +he general secretar: of the council 7ho shall

also #e the rimer

iii. +he ministers of 7hom the dean shall require

them as follo7sD

a> Minister of finance and loans

#> Minister of education

c> Minister of morals) H(; and Health

d> Minister of internal affairs) residence and

e@ternal affairs

e> Minister of food and sanitation

f> Minister of constitution) legal affairs

g> Minister of sorts entertainment)

information and communication.

2. +he interim *o%ernment ma: either ta8e oath of

allegiance or not deending on the a%aila#le time

". +he BS! shall ha%e the same o7ers) ri%ileges and

lia#ilities as its redecessor go%ernment.

&. +he redecessor go%ernment office #earers and the

sea8er) deut: sea8er and ministers thereof shall

had o%er their files and other reorts thereto the BS!

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7ithin se%en =0> da:s since the BS! ta8es in their

resecti%e offices

-. =1> +he hand o%er as ear Article & shall #e made 7ithin

the

BS! offices in 7itness of the dean of students.

=2> 'ailure to hando%er their resecti%e titles and reorts

the same shall #e face 7ith discilinar: measures to the

determination of the discilinar: committee and the

administration

/. +he BS! shall erform the role of the BS!

go%ernment and other duties directed #: the dean of

students or such function 7hich led to its formation till the

general election as set in the almanac

CHAPTER SEVEN

FORMATION OF CLUBS) ASSOCIATIONS AND

SOCIATIES

0. =1> An: BS! mem#er 7ishing to form a clu#)

association

or societ: shall resent a co: of the roosed

constitution of the same to the resident of BS!

and the Bunge sea8er

=2> +he minister for internal. Affair shall cause the

same to the re%ie7ed #: the Bunge and it a

resolution suorting it is assed #: simle

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ma$orit: the same shall #e sent to the rincial for

aro%al and recognition.

="> +he rincial shall #e required to aro%e the

roosed clu#) Association or societ: 7ithin si@

7ee8s) in case or disaro%al) the rincial is

required to gi%e reasons for disaro%al.

=&> (f aro%ed #: the administration and the students

go%ernment su#$ect to an: changes of the same)

the clu# association or societ: shall #e allo7ed

la7ful to oerate 7ithin BS!.=-> 'or a%oidance of dou#ts it shall #e a discilinar:

offence to form an: such association) clu#s or

societies 7ithout follo7ing the rior rocedures

laid do7n in this constitution) and the concerned

erson shall #e lia#le for discilinar: measures

. Not7ithstanding the a#o%e ro%ision no clu#)

association or

Societ: in 7hatsoe%er shall #e formed or esta#lished

and oerate 7ithin BS! 7ithout coml:ing 7ith

follo7ing the a#o%e laid do7n rocedures

3. No clu#s association or societ: 7hich aims at

segregating BS! mem#ers on tri#al) se@) age) color)

and nationalit:) laces of organ or faith shall #e formed

7ithin BS!.

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35. Such clu#s) associations or societies shall #e

indeendent from B go%ernment and shall not #e

co%ered # the financial regulation of BS! funds.

CHAPTER EIGHT

FINANCE PROPETY AND AMINSTRATION

31. =1> +he minister for finance shall #e resonsi#le for

the

collection of all BS! funds) monitoring of BS!

funds and roert:.=2> 'or a%oidance of dou#ts) finance matters shall #e

go%erned #: BS! financial regulations as issued

from time #: the Bunge

="> +he =ni%ersit: hief (nternal Auditor

shall #e made a%aila#le for discussion and action

#: Bunge.

=&> +he minister of finance shall #e summoned #: the

Bunge in an: cause relating to BS! funds and

roerties

32. +he management and administration of all the

roerties of BS! shall %ests on 7ith the resident as

a trustee and under the suer%ision of the Bunge and

the student Bara6a.

3". =1> BS! ma: emlo: a staff if necessar: of the office

#earers ro%ided thatF

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aforementioned ersons shall onl: #e entitled to

sitting allo7ances and reim#ursement of an:

e@enses incurred #: them in the erformance of

her resecti%e duties as ro%ided #: the financial

regulations

=2> Mem#ers of Bunge and ca#inet shall #e entitled to

sitting allo7ances in e%er: Bunge and the ca#inet

meeting and na: secial sittings

3/. Su#$ect to the student #: la7s and criminal la7 =theenal code> an: misaroriation of student


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33. =1> No BS! funds shall #e used 7ithout firs ma8ing and

ha%ing

aro%al of the B,*E+ for the academic :ear or

semester

#: Bunge.

=2> Minister of finance shall reare financial reort

#efore

lea%ing office and hand o%er to the ne@t resident

CHAPTER NINE

POWER TO MA'E RULES155. =1> +he Bunge or the BS! go%ernment ma: from

time to time roose rules and amendment of the

constitution) election #: la7s) of financial

regulation and mem#er of BS! ma: also roose

such rules or amendments through the Bunge of

BS!

=2> +he rime minister is here#: %ested 7ith o7er to

ma8e rule relating code of conduct of BS!

go%ernment officials. +he rime minister shall

ma8e these rules in cororation 7ith the ministr:

for $ustice) constitution and legal affairs.

="> Proosal for ne7 or amendment to he e@isting

condition) electing #: leas and financial regulation

ma: #e made #: the Bunge su#$ect to the

ro%ision of this constitution

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discussion and if it is a matter of agenc: the same shall

#e referred to the dean of students for decision ending

final discussion #: the Bunge 7hich the same shall #e

refereed to the administration for assent #efore it

acquires legal force.

OATH

15/. =1> +he resident) the %ice resident) rime minster

and the

general secretar: shall not assume the office

unless ha%e ta8en oath of allegiance to #eadministered #: the commissioner for oaths from

the 'AL+? !' LA4 in the resence of the

rincial or his deut: and the dean of students of

BA*AM!?! N(;ERS(+? and the chairerson of

the BS! electoral committee.

=2> +he sea8er) ,eut: sea8er and the secretar: of

the Bunge shall not assume their office unless

the: ha%e ta8en oath of allegiance or such other

oath to #e administered #: the commissioner of

oath from facult: of la7 BS!

="> Minister) ,eut: Ministers and secretaries of the

ministries shall not assume their offices unless

the: ha%e ta8en oath of allegiance or such other

oath to #e administered #: the commissioner for

oath foe the due discharge of their offices) in the

manner aforesaid

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150. =a> All records of ast office #earer of BS! shall #e

8et in

B official documents

=#> +he residential documents shall #e handled o%er

to the ne7l: elected resident as soon as he or

she assumes office

=c> +he ministers documents shall #e handled o%er

immediatel: after the ne7l: aointed ministers

ha%e assumed office

=d> Bunge 'or a%oidance of dou#ts) official documents in

resect to ministers shall #e handled o%er in BS!

office deign 7itness of ,ean of students and the

ne7l: elected resident.

=f> 'ailure to hand o%er official documents shall

attract discilinar: actions #: B discilinar:

committee

CHAPTER ELEVEN

CONSTITUTION SUPREMACY

15. +he constitution shall #e sureme o%er all BS! Rules

and regulations made under the BS! organs) offices)

an: authorit: of BS! and mem#ers of BS!. An:thing

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mentioned therein a#o%e 7hich shall #e inconsistenc:

or reugnanc: 7ith this constitution shall #e null and

%oid from a#Ginitio to the e@tent of such inconsistenc:

153. =1> An: #reach of this constitution or an: its ro%ision

shall constitute a discilinar: office or misconduct

7hich shall attract enalt: or as the case ma: #e)

discilinar: measures

=2> Not7ithstanding an: other ro%ision of this

constitution) the discilinar: measures or enalt:

for an: #reach of this constitution or an: of itsro%isions includes #ut not limited to)

a> Susension form the office

#> Remo%al from the office

c) (f he or she is a mem#er of BS! ) then the

enalt: to #e imosed shall #e determined #:

the BS! discilinar: committee.

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+his constitution shall enter into force immediatel: after

aro%al hereunder

4E ASSEN+ AS !NS+(++(!NAL !MM(++EE

HA(RPERS!N

SERE+AR?

MEMBER

MEMBER

MEMBER

MEMBER

MEMBER

MEMBER

MEMBER

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Aro%ed this.da: of ...month

.:ear

( ASSEN+

.

HA(RMAN !' +HE *!;ERN(N* B!AR, !' +RS+EES

Aro%ed this .da: of month

.:ear

The Constitution of the University of Bagamoyo (May 2013)

Documents

Transcript of The Constitution of the University of Bagamoyo (May 2013)