Midlands State University Act – Full PDF

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Midlands State University Act – Full PDF

Midlands State University Act – Download PDF of Midlands State University Act

An Act is defined as a bill which has passed through the various legislative steps required for it and which has become law. Related Terms: Statutes, Legislation, Law, Regulation, Enactment, Bill. Synonymous with the term enactment or statute. See Also: Midlands State University Intake.

SCHEDULE: Statutes of the University (Midlands State University Act – Full PDF)

ACT

To establish the Midlands State University and to provide for matters connected therewith or incidental thereto.

[Amended by General Laws Amendment (No. 2) Act 2002] [DATE OF COMMENCEMENT: 28 MAY 1999]

ENACTED by the President and the Parliament of Zimbabwe

1. Short title

This Act may be cited as the Midlands State University Act [Chapter 25:21] [Amended by the General Law Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

2.Interpretation in this Act:-

“Academic staff” means all persons employed, whether full-time or part-time, by the University as: a. Professor, lecturers of any class or person engaged in research; or

b. Holders of posts declared by the Senate to be academic posts;

[Amended by the General Laws Amendment (No. 2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

“Academic Appointments Board” means the Board established in terms of subsection 1 of section 24; [Inserted by the General Laws Amendment (No. 2) Act 2002 promulgated on the 24th January

2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

“Administrative Staff” means all persons employed by the University who are categorized in terms of the Statutes as members of the administrative staff, “Bursar” means the person holding office as Bursar of the University in terms of section 20;

“Chairman of Department” means a person appointed in terms of the Statutes to be chairman of a teaching department or head of an institute or centre controlled by the University;

“Chairman of the Council” means the person elected to be chairman of the Council in terms of Section fourteen;

“Chancellor” means the President in his capacity as chancellor of the University in terms of section seven;

“Council” means the University Council established in terms of section 10;

“Employees” means all persons employed by the University who are categorized in terms of the Statutes as employees;

“Faculty” means a faculty of the University established in terms of the Statutes; “Faculty

Board” means a faculty board established in terms of the Statutes; [Inserted by the General Laws Amendment (No. 2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002].

“Institute” means an institute established in terms of the statutes; “Librarian” means the person holding office as Librarian of the University in terms of section 21;

“Minister” means the Minister of Higher Education or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Non-academic staff” means all persons employed by the University who are not members of the academic staff;

“Pro-Vice-Chancellor” means a person holding office as Pro-Vice-Chancellor in terms of section 9; “Professor” means a professor of the University;

“Registrar” means the person holding office as Registrar of the University in terms of section 19; “Regulations” means regulations made by the Senate under sections 30;

“Senate” means the Senate established in terms of section 16;

“Senior” in relation to the University, means the Registrar, the Bursar and such other members of staff as the Council may determine from time to time: [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47- from the 4th February, 2002.]

“Statutes” means the Statutes of the University set out in the Schedule as amended from time to time or replaced in terms of section 29;

“Students’ Union” means any association of students recognized by the Council as the Student Union; “Technical Staff” means all persons employed by the University who are categorized in terms of the Statutes as members of the technical staff; “University” means the Midlands State University constituted in terms of this Act; [Amended by the General Laws Amendment (No. 2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002] “Vice-Chancellor” means the person holding the office of Vice-Chancellor in terms of Section 8; “Workers” means all persons employed by the University who are categorized in terms of the Statutes as workers. [Inserted by the General Law Amendment (No. 2) Act 2002 promulgated on the 24th February, 2002.]

3.Establishment of University

i.There is hereby constituted a university to be known as the Midlands State University. [Inserted by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

ii.The University shall be a body corporate with perpetual succession and shall be capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform

4.Objects and Powers of the University

i.The objects of the University are the advancement of knowledge, the diffusion and extension of arts, science and learning, the preservation, dissemination and enhancement of knowledge that is relevant for the development of the people of Zimbabwe through teaching and research and, so far as is consistent with those objects, the nurturing of the intellectual, aesthetic, social and moral growth of the students at the University.

ii.For the achievement of its objects, the University shall, subject to this Act, have the following powers:-

a.to provide for research and courses of instruction, whether on a fulltime or part-time basis by correspondence or extra-murally, and to take such other steps as may appear necessary and desirable for advancement and dissemination of knowledge.

b.to hold examinations and to confer degrees, including honorary degrees, diplomas, certificates and other awards, upon persons who have followed a course or courses of study approved by the Senate and additionally, or alternatively, have satisfied such other requirements as may be determined by the Senate.

c.to provide courses not leading to degrees, diplomas or certificates including training for persons wishing to enter the University;

d.to provide opportunities for staff and students and such other persons as the University may approve to engage in productive activity in any field in which the University may from time to time be engaged.

e.to promote research into economic, political, social, cultural, scientific and other matters generally and with particular reference to the interests of Zimbabwe; [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003–withretrospective effect, in terms of clause 47 – from the 4th February, 2002.];

f.to institute professorships, lectureships, research fellowships, staff development fellowships and other posts and offices and to make appointments thereto;

g.to institute and award fellowships, scholarships, bursaries, prize medals, exhibitions, and other distinctions, awards and forms of assistance consistent with its objects;

h.to erect, equip and maintain laboratories, offices, halls of residence, lecture halls, libraries, museums and other buildings and structures required for the promotion of its objects;

i.to enter into such contracts and to establish such trusts and to appoint such staff as the University may require;

j.to regulate and provide for the residence of officers, staff, students and employees,

k.to provide and maintain recreational facilities for officers, staff, students and employees,

l.to demand and receive such fees as may from time to time be prescribed by or in terms of the Statutes;

m.to establish pension, superannuation or provident or other credit fund schemes for the benefit of its staff or any section thereof and to enter into arrangements with the Government or any organization or person for the operation of such schemes;

n.to acquire any property, movable or immovable, and to take, accept and hold any property which may become vested in it by way of purchase, exchange, grant, donation, lease, testamentary disposition or otherwise;

o.to sell, mortgage, let on hire, exchange, donate or otherwise dispose of any property held by it;

p.to invest in land or securities such funds as may be vested in it for the purpose of endowment, whether for general or specific purposes, or such other funds as may not be immediately required for current expenditure;

q.to borrow money for any purpose which the Council thinks fit;

r.to lend money in the form of short-term loans to its staff on terms and conditions approved by the Council;

s.to do all such acts and things, whether or not incidental to the powers specified in this subsection and whether inside Zimbabwe, as may be requisite in order to further its objects or any of them.

5.Membership of the University

The University shall consist of:-

a.A Chancellor

b.A Vice Chancellor

c.One or more Pro-Vice-Chancellor;

d.Members of the Council;

e.Members of the Senate

f.Members of staff [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47–from the 4th February, 2002.]

g.Registered students, and

h.Convocation.

6.Prohibition against discrimination in membership of University

i.No test of religious or political belief, race, ethnic origin, nationality or gender shall be

imposed upon or required of any person in order to entitle him to be admitted as a member of staff or

student of the University or to hold any office therein or privilege thereof.

ii.Nothing in subsection (1) shall be construed as preventing the University from giving preference to citizens or residents of Zimbabwe when making appointments or promotions or when admitting students.

7.Chancellor

i.The president of Zimbabwe shall be Chancellor of the University

ii.The Chancellor shall be the head of the University

iii.The Chancellor shall have the right:-

a.to preside over any assembly or meeting held by or under the authority of the University, and

b.upon the recommendation of the Council and the Senate, to confer degrees, diplomas, certificates and other awards and distinctions of the University and to withdraw or restore such awards.

8.Vice-Chancellor

i.The Vice-Chancellor shall be appointed by the Chancellor after consultation with the Minister and the Council and shall hold office for such period as is provided in his contract of employment.

ii.Subject to the general control of the Council, the Vice-Chancellor shall be the chief academic, administrative and disciplinary officer of the University, with general responsibility for maintaining and promoting the efficiency, effectiveness and good order of the University.

iii.Subject to subsections (4) and (5), the Vice-Chancellor may:-

a.suspended from duty any member of the staff of the University;

b.subject to section six, prohibit the admission of a student or any person to the University;

c.prohibit any student or group of students or person or group of persons from entering or remaining on such part or parts of the University campus as he may specify;

d.expel or suspend, indefinitely or for such period as he may specify, any student or group of students;

e.dissolve or suspend, indefinitely or for such period as he may

f.specify, the Students’ Union or any of its committees or organs, or prohibit or suspend, indefinitely or for such period as he may specify, any activity or function of the Students’ Union or any of its committees or organs;

g.impose any other penalty or give any other order in respect of:-

a.a member of staff, which is recommended by the Staff Disciplinary Committee in terms of subsection (6) of section 26;

h.a student, which is recommended by the Student Disciplinary Committee in terms of subsection (6) of section 27.

i.The Vice-Chancellor shall not expel a student for misconduct unless the student has been found guilty of misconduct by the Student Disciplinary Committee in terms of section 27.

j.Any action taken by the Vice-Chancellor in terms of subsection (3)

k.shall be subject to ratification by the Council.

9.Pro-Vice-Chancellor

i.One or more Pro-Vice-Chancellors may be appointed by the Council with the approval of the Minister and in accordance with the Statutes.

ii.Pro-Vice-Chancellor shall assist the Vice-Chancellor in the performance of his functions and, in addition, shall have such functions as may be specified in the Statutes.

iii.The Vice-Chancellor may delegate to a Pro-Vice-Chancellor, either absolutely or subject to condition, any of his functions in terms of this Act and may at any time amend or withdraw any

such delegation: Provided that the delegation of a function in terms of this subsection shall not prevent the Vice-Chancellor from himself exercising that function.

10.Council

i.Subject to this Act and general directions as to policy given by the Minister, the government and executive authority of the University shall be vested in the Council, which shall consist of:-

a.the Chancellor, the Vice-Chancellor and the Pro-Vice- Chancellors, who shall be exofficio members; and

b.sixteen persons appointed by the Minister and;

c.nine persons who are members of the academic staff and who are appointed by the Senate from amongst their number; and [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]; and

d.the President of the Students’ Union who shall be an ex officio member; and

e.one person who is a distinguished academic appointed by the Council on the recommendation of the Senate, and

f.one person approved by the Vice-Chancellor elected by the members of the Senate, from among themselves; and

g.one person appointed by the Minister from a list submitted by women’s organisations to represent the interests of women; and

h.one person approved by the Vice-chancellor and elected by the administrative staff from among themselves; and

i.one person approved by the Vice-Chancellor and elected by the workers’ committee of the University; and

j.one person appointed by the Minister to represent the interests of workers after consultation with the Minister to whom the administration of the Labour Relations Act (Chapter 28:01) has been assigned;

k.one person appointed by the Minister from a list of names submitted by such organization representing teachers and additionally, or alternatively, lecturers as the Minister recognizes for the purposes of this paragraph.

l.one person appointed by the Minister from a list of names submitted by the Zimbabwe National Chamber of Commerce or, if that organization ceases to exist, by such other organization as the Minister, after consultation with the Minister responsible for commerce, recognizes as its successor for the purposes of this paragraph; and

m.one person appointed by the Minister from a list of names submitted by the Confederation of

Zimbabwe Industries or,

i.if that organization ceases to exist, by such other organization as the Minister, after

consultation as its successor for the purpose of this paragraph; and

n.one person appointed by the Minister from a list of names submitted by the Council of the Zimbabwe Institution of Engineers established in terms of the Zimbabwe Institution of Engineers (Private) Act (Chapter 27:17) or, if that organization ceases to exist, by such other organization as the Minister after consultation with the Minister responsible for public construction, recognizes as its successor for the purposes of this paragraph; and

o.one person appointed by the Minister from a list of names submitted by the Chamber of Mines of Zimbabwe incorporated in terms of the Chamber of Mines of Zimbabwe Incorporation (Private) Act (Chapter 21:02) or, if that organization ceases to exist, by such other organisation as the Minister, after consultation with the Minister responsible for mines, recognizes as its successor for the purposes of this paragraph and;

p.one person appointed by the Minister from a list of names submitted by such farmers’ unions as the Minister, after consultation with the Minister responsible for agriculture, recognizes for the purposes of this paragraph; and

q.one person appointed by the Minister from a list of names submitted by such organisation representing youths or the interests of youths as the Minister recognizes for the purposes of this paragraph; and

r.one person appointed by the Minister from a list of names submitted by such organisation representing churches or organized religion as the Minister recognizes for the purposes of this paragraph.

ii.If any person, organisation or authority fails or declines:-

a.to appoint or elect any person in terms of paragraph (c), (f), (h) or (i) of subsection (1) within a reasonable time after being called upon to do so, the Council, after consultation with the Minister, may appoint any person to fill the vacancy;

b.to submit a list of names in terms of paragraph (k), (i), (m), (n), (o), (p), (q), (r), or (t) of subsection (i) within a reasonable time after being called upon to do so, the Minister may appoint any person to fill the vacancy.

11.Functions of Council

Subject to this Act and the Statutes, the Council shall:-

a.appoint, with the approval of the Minister the Pro-Vice- Chancellor and the Registrar; and

b.appoint the Bursar, the Librarian, the academic staff, the administrative staff and other employees of the University: Provided that the Council may delegate its duties under this paragraph to such committee as may be prescribed in the Statutes;

c.on the recommendation of the Senate, institute professorships, associate professorships and other academic offices, and abolish or hold in abeyance any such offices;

d.receive and, if the Council considers it proper to do so, give effect to reports and recommendations from the Senate on those matters upon which the Senate is authorized or required by this Act or the Statutes to make reports and recommendations;

e.cause to be prepared annually a statement of the income and expenditure of the University during the previous financial year, and of the assets and liabilities of the University on the last day of that previous financial year; [Amended by the General

f.Laws Amendment (No. 2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

g.submit statement of income and expenditure referred to in paragraph; to audit by an auditor appointed by the Council, and shall publish such statements and the auditor’s report thereon; [Amended by the General Laws Amendment (No. 2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

h.cause to be prepared annually estimates of income and expenditure for the following financial year;

i.cause to be prepared and made available to the public a report on the activities of the University during each year;

j.to prepare and refer to the Senate any proposed amendment, repeal or replacement of the Statutes. [inserted by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January,

2003 – with retrospective effect, in terms of clause 47- from the 4th February, 2002.]

ii. Without limitation on any other conferred on the Council by this Act, the Council shall have the following powers:-

a.to receive recommendations from the Senate for the conferment, withdrawal or restoration of degrees, including honorary degrees, and diplomas, certificates and other awards and distinctions of the University and, if approved, to submit them to the Chancellor;

b.to amend, repeal or replace the Statutes in terms of subsection (ii) of section 29; [Inserted by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

c.to administer the property of the University and to control its affairs and functions;

d.to exercise on behalf of the University such of the powers set out in subsection (2) of section four as are not exercisable in terms of this Act by any other authority;

e.to delegate its functions to the Executive Committee or to any other committee or officer of the University: Provide that the delegation or any such function shall not prevent the Council from exercising that function; [Inserted by the General Laws Amendment (Laws Amendments (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47

– from the 4th February, 2002.]

f.to do such other acts as it considers to be necessary for the proper administration of the University and the achievement of its objects.

12.Disqualifications for appointment as a Council member

The Minister shall not appoint a person as a member of Council and no person shall be qualified to hold office as a member of Council who:-

a. is not a citizen of Zimbabwe or permanently resident in Zimbabwe, or b. has in terms of any law in force in any country:

i.Been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or

ii.Made an assignment to; or arrangement or composition with, his creditors which has not been rescinded or set aside; or

c.has, within the period of five years immediately preceding the date of his proposed appointment, been sentenced in any country to a term of imprisonment of or exceeding six months, whether or not any portion has been suspended, imposed without the option of a fine and has not received a free pardon.

13.Vacation of office by Council Member

A member shall vacate office shall become vacant:-

a.after giving the Minister such period of notice of his intention to resign a. as may be fixed in his conditions of appointment or, if no such period has been fixed, after the expiry of one month or of such other period of notice as he and the Minister may agree; or

b.on the date he begins to serve a sentence of imprisonment, the term which is not less than six months, whether or not any portion has been suspended, imposed without the option of a fine in any country; or

c.if he becomes disqualified in terms of paragraph (a) or (b) of section twelve to hold office as member; or [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

d.if he is absent without the permission of the Council from three consecutive meetings of the Council.

14.Chairman and Vice-Chairman of Council

i.The Council shall elect a Chairman and a Vice-Chairman from amongst its members to hold

office for such period and subject to such terms and conditions as are prescribed in the Statutes.

ii.At all meetings of the Council at which the Chancellor is not present the chairman of the Council or, in his absence, the Vice-Chairman shall preside

iii.If at any meeting of the Council the Chancellor and the Chairman and Vice-Chairman of the Council are all absent, the members of the Council who are present shall elect a person from amongst their number to preside at the meeting.

15.Executive Committee of Council

i.There shall be a principal committee of the Council to be known as the Executive Committee.

ii.The Executive Committee shall consist of:

a.the Chairman and Vice-Chairman of the Council; and

b.the Vice-Chancellor and every Pro-Vice-Chancellor; and

c.ten members of the Council, of whom:

four shall be appointed by the Minister;

three shall be appointed by the Senate; and

three shall be appointed by the Council

iii.The Chairman and Vice-Chairman of the Council shall be the Chairman and Vice-Chairman,respectively, of the Executive Committee.

iv.The Executive Committee shall exercise such of the functions of the Council as the Council may delegate to it.

v.Any delegation of functions by the Council in terms of subsection (4) may be made absolutely of subject to conditions and may be amended or withdrawn at any time.

vi.A delegation of any function by the Council in terms of subsection (4) shall not prevent the Council from itself exercising that function.

16.Senate

i.Subject to this Act, the academic authority of the University shall be vested in the Senate, which shall consist of:

a.the Vice-Chancellor, the Pro-Vice-Chancellor, full professors, executive deans, chairpersons of departments and the Librarian, who shall be ex-officio members; and [Amended by the General Laws Amendment No.2) Act 2002 promulgated on the 24th January, 2003 – with etrospections effects, in terms of clause 47 – from the 4th February, 2002.]

b.one member of the permanent academic staff from each faculty, who shall be elected annually by such staff, and

c.six students elected annually by the Students’ Union provided that such students shall not be entitled to attend deliberations of the Senate on matters which are considered by the chairman

of the Senate to be confidential.

ii.if the permanent academic staff or the Students’ Union fails or declines to elect a person in terms of paragraph (b) or (c) of subsection (1), the Council may appoint a suitably qualified person to fill the vacancy.

17.Functions of Senate

The Senate shall have the following functions:-

a.to promote the advancement of knowledge through research;

b.to formulate and carry out academic policy of the University;

c.to regulate the programmes, subjects and courses of study and the examinations held by the University;

d.to regulate the admission of students to the University and to the courses of instruction held by the University; [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the

24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

e. to recommend to the Chancellor, through the Council, the conferment of degrees, including honorary degrees, diplomas, certificates and other awards and distinctions of the University and the withdrawal and restoration of such awards.

f.to fix, subject to consultation with any sponsors and subjects to the approval of the Council, the times, modes and conditions of competitions for fellowships, scholarships and prizes;

g.to appoint examiners for examinations conducted by the University;

h.to cause to be prepared estimates of expenditure required to carry out

i.the academic work of the University and to submit them to the Council; subject to the approval and direction of the Council, to formulate, modify and revise the organization of faculties, departments, institutions centres and units;

j.to recommend to the Council the institution, abolition or holding in abeyance of professorial chairs and other academic offices;

k.without derogation from the powers of the Council, to propose changes to the Statutes;

l.to make any regulations it is authorized to make by or in terms of this Act;

m.to appoint committee, which may include persons who are not members of the Senate, to exercise any of the functions of the Senate, other than the power to make regulations; to make periodic reports on its activities to the Council and n. to report on any matter referred to it by the Council; [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January,

2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

o.to do such other acts as the Council may authorize or direct it to do.

18.Academic Board

i.There shall be a principal committee of the Senate to be known as the Academic Board.

ii.The Academic Board shall consist of:

a.the Vice-Chancellor, who shall be chairman

b.every Pro-Vice-Chancellor

c.four full professors of the University, elected annually by the Senate and

d.all the executive deans of faculties;

e.the Librarian and

f.two members and the Senate, elected annually by the persons referred to in paragraph (a) and

(b) of subsection (1) of section 16.

iii.The Academic Board shall exercise such of the functions of the Senate as the senate, with the approval of the Council, may delegate to it.

iv.Any delegation of functions by the Senate in terms of subsection (3) maybe made absolutely or subject to conditions and may be amended or withdrawn at any time.

v.A delegation of any function by the Senate in terms of subsection (3) shall not prevent the Senate from itself exercising that function.

19.Registrar

i.There shall be a Registrar of the University who shall be appointed by the Council with the approval of the Minister in the manner provided in the Statutes.

[Amended by the General Laws Amendment (No. 2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

ii.Subject to the directions of the Council, the Registrar shall be responsible for the general administration of the University, and shall perform such other functions as may be specified in the Statutes.

iii.The Registrar, or a member of his staff whom he may authorize to act for him, shall be secretary of the Council and the Senate and their principal committee.

20.Bursar

i.There shall be a Bursar of the University who shall appointed by the Council in the manner provided in the Statutes.

ii.Subject to the directions of the Council, the Bursar shall act as the accountant of the University and shall be responsible for the safeguarding of its funds and, in accordance with the general directions of the Vice Chancellor, for authorizing its investments and expenditure.

iii.The Bursar shall perform such additional functions as may be specified in the Statutes.

21.Librarian

i.There shall be a Librarian of the University who shall be appointed by the Council in the manner provided in the Statutes

ii.Subject to the directions of the Senate and the Vice-Chancellor, the Librarian shall be responsible for the administration and safeguarding of the libraries of the University.

22.Convocation

i.The Convocation of the University shall consist of all persons whose names appear on the Convocation Roll maintained by the Registrar.

ii.The Vice-Chancellor and all Pro-Vice-Chancellor, executive deans, professors, lecturers, chairmen of departments, the Registrar, the Librarian and the Bursar shall be ex officio members of the Convocation. [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February 2002.]

iii.All graduates of the University who signify in writing addressed to the Registrar that they desire to be members of the Convocation and who inform the Registrar of their address shall be entitled to have their names entered on the Convocation Roll.

iv.Subject to section seven, the Vice-Chancellor or such other person as he may appoint shall be chairman of meeting of the Convocation.

v.Meeting of the Convocation shall be held at such times and places as the Council may direct.

vi.The Convocation may deal with any matter relating to the University which the Council, in accordance with the Statutes, may refer to the Convocation.

23.Terms and Conditions of Service of Staff

The terms and conditions of service for each category of staff employed by the University, including the Vice-Chancellor and the Pro-Vice-Chancellors, shall be determined by the Council in terms of this Act and, subject to the Labour Relations Act [Chapter 28:01], such terms and conditions shall provide that:

a.any person so employed shall be entitled to resign from his employment on giving such notice in writing to the registrar as may be fixed in such terms and conditions;

b.any person so employed shall, subject to any exception that may be provided for in special cases, retire from his office at such terms and conditions;

c.no summary termination of the employment of any person so employed shall take place except for good cause and, in the event of any such termination, the person concerned shall have a right of appeal to the council, whose decision shall be final.

24.Appointment and grading of staff

i.Every appointment to the academic staff shall be made by an Academic Appointments Board consisting of:

a.the Vice-Chancellor or his nominee, who shall be chairman; and

b.two members of the Council who are not members of staff of the University; and

c.the chairman of the department to which the appointment is made; and

d.one other member, approved by the Vice-Chancellor, of the department to which the appointment is made; and

e.the dean of the faculty to which the appointment is made; and

f.the chairman of a department approved by the Council as being related to the department to which the appointment is made.

ii.Subject to this Act and the Statutes, the Council shall appoint boards of selection for the purpose of appointing members of staff other than the Vice-Chancellor, Pro-Vice-Chancellors, the Registrar, the Bursar, the Librarian and academic staff. [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003- with retrospective effect, in terms of clause 47- from the 4th February, 2002.]

iii.The Council shall appoint a Grading Committee for the purpose of determining all matters relating to the grades and points of entry upon salary scales by members of staff of the University.

25.Promotion of Staff

i. Every promotion of a person to a post or grade within the academic staff shall be effected by an Academic Staff Promotions Committee consisting of:

a.the Vice Chancellor or his nominee, who shall be chairman; and

b.every Pro-Vice-Chancellor; and

c.four members of the Council who are not members of staff of the University, appointed by the Council, and

d.all deans of faculties, and

e.at least three full professors of the University appointed by the Senate once every three years.

ii. Every promotion of a person to a post or grade within the non-academic staff shall be effected by a Non – Academic Staff Promotions Committee appointed by the Council and consisting of:

a.Pro-Vice-Chancellor, who shall be chairman; and

b.the Registrar; and

c.the Bursar; and

d.the Librarian; and

e.two members of the Council who are not members of staff of the University;

f.one representative of each category of non-academic staff prescribed in the Statutes; and

g.one representative of the faculty where the person to be promoted works.

26.Staff Disciplinary Committee

i.There shall be a Staff Disciplinary Committee which shall consist of the following members appointed by the Vice-Chancellor:

a.retired judge, who shall be the chairman; and [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003– with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

b.a senior member of the academic or administrative staff, and

c.a member of the academic, technical or administrative staff or similar status to the person charged.

d.a registered legal practitioner of at least ten years standing who does not hold any post at the University and who is nominated annually by the Council.

e.one member appointed by the Council from among its members who are not members of the University staff. [Amended and (e) inserted by the General Laws Amendment (No 2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February 2002.]

ii.One member referred to in paragraph (b) or (c) of subsection (1) shall belong to the same department or faculty to which the person charged belongs.

iii.Three members of the Staff Disciplinary Committee shall form a quorum.

[Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

iv.All matters to be decided at any meeting of the Staff Disciplinary Committee shall be decided by a simple majority and, in the event of an equality of votes, the chairman or person presiding shall have a casting vote in addition to his deliberative vote.

v.The function of the Staff Disciplinary Committee shall be to investigate any breach of a Statute, regulation or ordinance or other misconduct on the part of any member of the staff of the University and, subject to subsection (6), to recommend to the Vice-

Chancellor the punishment to be imposed on or order to be made in respect of the member if it finds him guilty of such misconduct.

vii.A person charged with misconduct referred to in subsection (4) shall have a right of audience and to be legally represented before the Staff Disciplinary Committee.

viii.Where the Staff Disciplinary Committee has found a person guilty of misconduct referred to in subsection (4), the Committee shall recommend to the Vice- Chancellor any one or more of the following:

a.that the person’s employment be terminated;

b.that the person pay to the University a fine not exceeding level five;

[Amended by Act 22 of 2001, gazette on the 1st February] c. that the person be demoted;

d. that the person be censured or reprimanded;

e. such other penalty or order as may be provided for by or in terms of the Statutes.

27Student Disciplinary Committee

i.There shall be a Student Disciplinary Committee which shall consist of the following members appointed by the Vice-Chancellor:

a.a Senior Proctor, who shall be chairman; and

b.four members of the academic staff one of whom shall belong to the same department or faculty to which the student charged belongs; and

c.two students nominated by the Students’ Union, one of whom shall belong to the same department of faculty to which the student charged belongs; and

d.a registered legal practitioner of at least ten years’ standing who does not hold any post at the University, and who is nominated annually by the Council. [Amended by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

ii.Five members of the Student Disciplinary Committee shall form a quorum

iii.All matters to be decided at any meeting of the Student Disciplinary Committee shall be decided by a simple majority and, in the event of an equality to votes, the chairman or person presiding shall have a casting vote in addition to his deliberative vote.

iv.The functions of the Student Disciplinary Committee shall be to investigate any breach of a Statute, regulation or ordinance or other misconduct on the part of any student and,

subject to subsection (6), to recommend to the Vice-Chancellor the punishment to be imposed on the student if it finds him guilty to such misconduct.

v.A student charged with misconduct referred to in subsection (4) shall have a right of audience and to be legally represented before the Student Disciplinary Committee. Where the Student Disciplinary Committee has found a student guilty of misconduct referred to in subsection (4), the

a.Committee shall recommend to the Vice-Chancellor the imposition upon the student of any one or more of the following punishment:

b.expulsion or suspension from the University; c. the withdrawal of any academic or University privilege, benefit, right or faculty other than to follow courses of

instructions and present himself for examination;

d.the imposition of a fine not exceeding level four, which fine may be deducted from any allowance payable to the student and shall be paid to the University; [Amended by Act 22 of 2001, gazette on the 1st February 2002.]

e.a censure or reprimand

f.such other penalty as may be provided for by or in terms of the Statutes

28.Finance Committee

i. Subject to this Act, there shall be a Finance Committee of the Council consisting of:

a.the Chairman of Council, who shall be chairman;

b.the Vice – Chancellor;

c.every Pro – Vice – Chancellor;

d.three members of the Council who are not members of the University staff;

e.two person appointed by the Senate from among its members;

f.the Bursar, who shall be the secretary of the Finance Committee;

g.the Registrar; and

h.a representative of the dean of faculties appointed by the Council.

ii. The functions of the Finance Committee shall be as provided in the Statutes.

28a. Service of Process

Any written or other process, notice or document may be served on the University, council or senate by serving the same on the Registrar. (Inserted by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th of January, 2003- with retrospective effect, in terms of clause 47 from the 4th February, 2002).

29.Statutes

i.Subject to this Act, the University shall be administered in accordance with the Statutes.

i.With the approval of the Minister the Council may, by statutory

ii.Instrument, amend, repeal or replace the Statutes set out in the Schedule in order to prescribe all matters which, in terms of this Act, are required or permitted to be prescribed in Statutes or which, in the opinion of the Council, are necessary or convenient to be so prescribed for carrying out or giving effect to this Act or for the proper administration of the University.

iii.Subject to the Act, statutes made in terms of subsection (2) may provide for:

a.the appointment, conditions of service and functions of the Vice-Chancellor, the Pro- Vice-Chancellor, the Registrar, the Bursar, the Librarian and all members of the staff and the categorization of such members of staff;

[Repealed by the General Laws Amendment (No.2) Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47- from the 4th February, 2002.]

b.the election or appointment of persons to the Council and the Senate and to committees of the Council and the Senate;

c.the terms of office of members of the Council and its committees, other than ex officio members thereof;

d.the terms of office and conditions of service of the chairman and vice chairman of the Council;

e.the convening of meeting of the Council, the Senate and the Convocation and of committees of the Council and the Senate, the quorum at such meetings and the procedure to be adopted thereat;

f.the terms of office of members of the Academic Appointments Board and the Academic Staff Promotions Committee, boards of selection, the Grading Committee, the Non – Academic Staff Promotions Committee and the Finance Committee, the quorum at such meetings and procedure to be adopted thereat;

g.the functions of the Academic Appointments Board, boards of selection, the Grading Committee, the Academic Staff Promotions Committee, the Non – Academic Staff Promotions Committee, the Finance Committee and the Convocation; [Amended by the General Laws Amendment (No.2)Act 2002 promulgated on the 24th January, 2003 – with retrospective effect, in terms of clause 47 – from the 4th February, 2002.]

h.the persons who may enter into contracts and sign documents on behalf of the University, and the procedure to be followed in relation to transactions entered into by or on behalf of the University;

i.the establishment and organization of faculties, departments centres and institutes;

j.the functions of deans of faculties, chairman of departments and heads of centres and institutes;

k.the holding of congregations of the University for the purpose of conferring degrees, diplomas, certificates and other honours and awards

l.the seal of the University and its use and custody;

m.the academic year of the University;

n.the discipline of members of staff and students and the procedures to be adopted in respect thereat;

o.fees and charges to be paid for anything done by any person in terms of this Act;

p.empowering any person specified in the Statutes to make ordinances or rules in respect of any matter referred to in paragraphs (a) to (p).

30.Regulations

i.Subject to this Act and the Statutes and with the approval of the Council, the Senate may make regulations prescribing any matter which, in the opinion of the Senate, is appropriate to be prescribed for the better carrying out of the Senate’s functions.

ii.Regulations may provide for:

a.teaching within the University, whether generally or in relation to specific subject;

b.progress reports to be submitted by members of the academic staff;

c.schemes of study and research and the conditions subject to which such schemes may be embarked upon or continued

d.the use of libraries of the University;

e.the conduct and supervision of examinations;

f.the award of degrees, diplomas, certificates and other academic honours and awards, other than honorary degrees, honours or awards

iii.The Senate may at any time amend or repeal any regulations

iv.Regulations need not be published in the Gazette, but the Senate shall publish them in such manner as the Senate considers will best make them known to the persons to whom they apply.

31Validity of decisions of Council, Senate, Convocation and boards and committees

No decision or act of the Council, the Senate, the Convocation or any board or committee established by or in terms of this Act shall be invalid solely on the ground that:

a.the Council, Senate, Convocation, board or committee, as the case may be, consisted of fewer than the number of members for which provision is made by or in terms of this Act; or

b.a disqualified person acted as a member of the Council, Senate, Convocation, board or committee, as the case may be; if the duly qualified members who took the decision or did or authorized the act constituted a quorum of the membership of the Council, Senate, Convocation, board or committee, as the case may be.

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