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STUDENT REPRESENTATIVE COUNCIL
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CONSTITUTION
2008
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PREAMBLE
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We, the Students of the Durban University of Technology (DUT), recognising our diversity and believing that as a community we need to be united.� Further affirming our belief in principles of democracy, non-sexism, non-racism, non-tribalism, non-ethnicity, equity and freedom as stipulated in the Bill of Rights of the Constitution of the Republic of South Africa, Act no.108 of 1996, pledge our commitment to heal the division of the past through the establishment of a student community based on democratic values, social justice and fundamental human rights. We shall strive to improve the quality of life and free the potential of every Student of the Institution.
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We therefore commit ourselves:-
A.����� To build, create and sustain a stable academic institutional environment, which teaches and practises democracy, personal freedom and equality.
- To infuse a spirit of unity and ubuntu in the Institution and remove all artificial barriers amongst people.
- To ensure that communities are empowered by acquiring knowledge and skills from the Institution.
D.���� To promote students to support the development of communities they come from.
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E.����� To encourage participation of all students, regardless of race, gender, creed, religion or political affiliation, in student governance structures at DUT.�
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F.������ To recognise the international community in which we exist.
We hereby constitute the Student Representative Council (SRC) to serve us.
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SECTION ONE:
1.�������� INTERPRETATION
1.1������ In this Constitution, unless inconsistent with or otherwise indicated by the context:-
1.1.1��� "Act" means the Higher Education Act, 1997 (Act No. 101 of 1997).
1.1.12� this/the "Constitution" means the SRC constitution set out in this document.
1.1.3��� "Council" means the council, as defined in the Act, of DUT.
1.1.4��� "Durban Campus" means the ML Sultan, Steve Biko, Ritson, Brickfield and City campuses of DUT.
1.1.5��� "DUT" means the Durban University of Technology (formerly Durban Institute of Technology).
1.1.6��� "DUT Statute" means the statute of the Durban Institute of Technology published in term of the Act in Government Notice number 1131 of 25 November 2005 in Government Gazette number 28246 of 25 November 2005.
1.1.7��� "Faculty Boards" means faculty boards of DUT as determined by DUT from time to time.
1.1.8��� "Institutional Forum" means the Institutional Forum of DUT as defined in the DUT Statute.
1.1.9��� "Management" means personnel responsible for academic and administrative management of the DUT under the leadership of the Vice Chancellor.
1.1.10� "Midlands Campus" means Indumiso and Riverside campuses of DUT.
1.1.11� "Senate" means the Senate of DUT as defined in the DUT Statute.
1.1.12� "SRC" means the students' representative council formed in terms of this Constitution.
1.1.13� "Student" means any person registered as a full time student at DUT.
1.1.14� "University Day" means a day during any term of DUT which is not a Saturday, Sunday or public holiday in the Republic of South Africa.
1.1.15� "Vice Chancellor" means the vice chancellor of DUT as defined in the DUT Statute and the Act.
1.1.16� any reference to the singular includes the plural and vice versa.
1.1.17� any reference to natural persons includes legal persons and vice versa.
1.1.18� any reference to gender includes the other genders.
1.2������ The clause headings in this Constitution have been inserted for convenience only and shall not be taken into account in its interpretation.
1.3������ Words and expressions defined in any sub-section shall, for the purpose of the section of which that sub-section forms part, bear the meaning assigned to such words and expressions in that sub-section.
1.4������ If any provision in a definition is a substantive provision conferring rights or imposing obligations on any person, effect shall be given to it as if it were a substantive section in the body of the Constitution, notwithstanding that it is only contained in the interpretation clause.
1.5������ If any period is referred to in this Constitution by way of reference to a number of University Days, the University Days shall be reckoned inclusively of the first and exclusively of the last University Day unless the last University Day falls on a day which is not a University Day, in which case the day shall be the next succeeding University Day.
1.6������ Any reference to an enactment is to that enactment as at the date of adoption hereof and as amended or re-enacted from time to time.
1.7������ Schedules or annexures to this Constitution shall be deemed to be incorporated in and form part of this Constitution.
1.8������ A reference to a person includes such person's permitted nominees or delegatees or substitutes.
1.9������ Any reference to a document is a reference to that document as amended, novated or supplemented.
1.10���� Expressions defined in this Constitution shall bear the same meanings in schedules or annexures to this Constitution which do not themselves contain their own definitions.
1.11���� This Constitution shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa and the DUT Statute. In the event of a conflict between this Constitution and the DUT Statute the DUT Statute shall prevail
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SECTION TWO:
2. AIMS AND OBJECTIVES
The aims and objectives of the SRC are to:-
�2.1����� Create effective communication channels between Students.
�2.2����� Promote unity in diversity, tolerance and equality in the spirit of ubuntu among students.
�2.3 ���� Serve as a vanguard of transformation of DUT to better serve Students' interests.
2.4� ���� Ensure provision of an acceptable academic, religious, social, political and cultural environment for Students.
2.5� ���� Provide effective and coherent Student leadership.
2.6������ Rally all Students to positively and constructively raise the profile of DUT.
2.7����� Uphold democracy, accountability, transparency and efficiency as principles of good governance throughout DUT and its structures.
2.8 ���� Ensure that Students are not discriminated against on the basis of gender, ethnicity, race, creed, religion or political inclination.�
�2.9����� Strive for the betterment of Student life.
�2.10��� Promote student involvement in community and social development activities.
2.11���� Ensure that the right to learn is protected and restored.
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SECTION THREE:
3. NAME, STATUS AND LOCATION
3.1������ The official name of the SRC shall be 'Durban University of Technology Students Representative Council'.
3.2������ The official seat of the SRC shall be at Durban Campus with a satellite office in Midlands Campus. The SRC shall be entitled to change its seat subject to Management approval.
3.3������ The SRC shall not own any property independently of DUT nor shall it be capable of disposing or alienating any property, save for the distribution of funds as contemplated in this constitution, without the prior written consent of Management.
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SECTION FOUR:
4. COMPOSITION OF THE SRC
4.1������ The SRC shall consist of the following members:
4.1.1��� Five executive committee members
4.1.2��� Ten general members
4.2������ Of the fifteen elected members of the SRC referred to in 4.1.1 and 4.1.2 eight members shall be elected from the Durban Campus and seven members shall be elected from the Midlands Campus.
4.3������ The executive members (5) referred to in 4.1.1 must comprise of at least 2 members from Midlands campus.
4.4������ The general members (10) referred to in 4.1.2 must include at least 5 members from Midlands Campus.
4.5������ Should there be a vacancy for any reason whatsoever, a notification of such vacancy shall be submitted to the Executive Director: Student Affairs, who will invite the 16th member elected on the election list approved by the IEC to fill the vacancy. The procedure will apply to a second vacancy, but for the 3rd and consecutive vacancies there shall be by-elections held within a period of 60 days.
4.6������ The SRC shall be entitled to form sub-committees and to invite any Student (provided such a student has spent at least a semester with the University), whether an office bearer in the SRC or not,� to serve on such sub-committees provided that the office bearers shall at all times exceed non-office bearers by at least one person.
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SECTION FIVE:
5.�������� ELECTION OF THE SRC
5.1������ Eligibility of candidates
5.1.1��� Any registered Student who has been so registered for at least one semester, for a formal programme of study recognised by the Senate shall be eligible to stand for election.
5.1.2��� Notwithstanding the provisions of the 5.1.1 above, no Student shall be eligible to stand for election if the formal programme of study recognised by the Senate for which the Student is registered is reasonably expected to be completed by the Student in question within a period shorter than the anticipated term of office of the SRC to be elected, unless such student has applied and been accepted or likely to be accepted in another formal programme of study recognised by the Senate. �
5.1.3��� A candidate may only stand for election in the campus in which she is currently registered.
5.2������ Eligibility of voters
5.2.1��� Any registered Student who has been so registered for at least one semester for a formal programme of study recognised by the Senate shall be eligible to vote in SRC elections.
5.2.2��� A Student may only vote in elections at the campus in which she is currently registered.�
5.3������ Elections at Durban Campus
5.3.1��� Of the 15 (fifteen) office bearers 8 (eight) shall be elected at the Durban Campus.
5.3.2��� Each eligible voter shall have as many votes as there are office bearers to be elected, provided that the voter shall not be obliged to cast all her votes and further that no more than one vote can be cast for a candidate.
5.3.3��� The first 8 (eight) candidates with the highest number of votes on the Durban Campus shall deemed to have succeeded in the election.
5.4������ Elections at Midlands Campus
5.4.1��� Of the 15 (fifteen) office bearers 7 (seven) shall be elected at the Midlands Campus.
5.4.2��� Each eligible voter shall have as many votes as there are office bearers to be elected, provided that the voter shall not be obliged to cast all her votes and further that no more than one vote can be cast for a candidate.
5.4.3��� The first 7 (seven) candidates with the highest number of votes on the Midlands Campus shall deemed to have succeeded in the election
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SECTION SIX:
6.�������� TERM OF OFFICE AND ELECTION DATES
6.1������ The office bearers shall assume office as soon as they have been allocated positions provided they are registered students in the year they assume office and remain in office until the next succeeding election process is finalised.
6.2������ Should an office bearer cease to be a Student, she shall forthwith cease to be an office bearer of the SRC.
6.3������ An office bearer of the SRC shall forfeit his/her office if he/she:-
6.3.1��� resigns, which resignation shall be effective 14 days after written notice is given by such office bearer to the SRC.
6.3.2��� is absent from three consecutive meetings of the SRC without any acceptable reason being furnished to the SRC.�
6.4������ Election dates shall be determined by the office of Student Governance and Development by not later the end of the 3rd� quarter of the academic year immediately preceding the quarter in which the elections are to be held, and shall be notified to the Students at least 10 (ten) days before the date of the election.
6.5������ The general elections of the SRC shall be held during the 4th (fourth) quarter of each calendar year.
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SECTION SEVEN:
7. ELECTORAL COMMISSION & POLICY
7.1������ The office of Student Governance and Development within the Student Affairs Division shall be responsible for organising the SRC elections and providing administrative support to a commission set up to conduct the SRC elections (the "Electoral Commission").
7.2������ The Electoral Commission shall be formed from time to time and conduct SRC elections according to a policy on the conduct of SRC elections approved by Council from time to time (the "SRC Elections Policy").
7.3������ The SRC Elections Policy shall regulate matters such as:
7.3.1��� The appointment, size and constituent members of the Electoral Commission.
7.3.2��� Powers of the Electoral Commission.
7.3.3��� Code of conduct of candidates (together with their supporters or sponsors) standing for � elections, including disciplinary measures and sanctions.
7.3.4��� Code of conduct Electoral Commission members.
7.3.5��� Procedure for counting, verifying and publishing election results.
7.3.6��� Procedure for handling disputes and appeals.
7.3.7��� Any other matter which the Council (either of its own volition or through a recommendation by any person or constituency within DUT) may consider necessary.
7.4������ Postponement of election:
7.4.1��� The Electoral Commission may request the SRC and the University Management on behalf of Council to postpone an election if it is not reasonably possible to conduct free and fair elections.� Such elections must be held within 30 days of such postponement.� Elections may be postponed wholly or partially.
7.4.2��� If ballot papers are lost, destroyed or unlawfully removed, the Commission may allow a revote within 30 days.
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SECTION EIGHT:
8. ALLOCATION OF POSITIONS IN THE SRC
8.1������ As soon as may be reasonable practical after the elections results have been published, the Electoral Commission shall convene a meeting of elected candidates for the elected candidates to determine the positions within the SRC they will occupy.
8.2������ A candidate shall need a nomination by one candidate (including the candidate herself) and support of at least one other candidate (other than the nominating candidate) in order to stand for a position.
8.3������ There shall be no limit to the number of candidates nominated for a position.
8.4������ Voting shall be by secret ballot and all candidates shall be obliged to vote.
8.5������ Each candidate shall have one vote in respect of each position available on the SRC (including the position for which the candidate in question is standing).
8.6������ A candidate shall need a simple majority of all votes cast in order to be elected to a position.
8.7������ In order to maintain parity and maintain the strength of the SRC on both campuses, if:-
8.7.1��� A candidate from one campus is elected as President, all remaining candidate from that ����������� campus shall not be qualified to be elected into the position of Deputy President.
8.7.2��� A candidate from one campus is elected as General Secretary, all remaining candidate � from that campus shall not be qualified to be elected into the position of Deputy ������ General Secretary.
8.8������ Notwithstanding the provisions of 8.7 above, the majority of office bearer forming the executive committee of the SRC shall be from the Durban Campus.
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SECTION NINE:
�9. FUNCTIONS OF THE SRC
9.1������ As the student representative council, the SRC shall represent Students at various levels of DUT institutional governance including, but not limited to, Council, Senate, Institutional Forum, Faculty Boards, and shall oversee and implement policies as approved by Council and in so doing shall:
9.1.1��� Be the official channel of liaison between Students and Council, Senate, Management, the general public, other institutions, student representative councils of other institutions, national or international students unions, and the media.
9.1.2��� Be the umbrella organization for any DUT Student formation including Student clubs and ���������� societies.
9.1.3��� Allocate, within reason, any monetary grants made by Council to the SRC for the use by or benefit of Students.
9.1.4��� Make recommendations to Council on rules and regulations that manage and determine the conduct of DUT students and their affairs.
9.1.5��� Make final decisions in all matters falling within its jurisdiction.
9.1.6��� Convene and conduct all authorized meetings of the Student body.
9.1.7��� Appoint office bearers and establish sub-committees as it deems necessary.
9.1.8��� Implement additional functions and privileges as may be specifically conferred upon it by the University.
9.1.9��� Take responsibility for all student facilities hired out to the SRC.
9.1.10� Organise extramural activities and preserve order at such functions.
9.1.11� Be responsible for the SRC publications and ensure same comply with Institutional policies.
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SECTION TEN
�10.� PORTFOLIOS OF THE SRC
10.1���� The SRC Executive committee members shall be the:
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10.1.1������������� President
10.1.2������������� Deputy President
10.1.3 ������������ General Secretary
10.1.4������������� Deputy General Secretary
10.1.5������������� General Treasurer
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10.2���� The General members of the SRC shall be the:
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10.2.1������������� Two (2) Education &Transformation Officers
10.2.2������������� Two (2) Media and Publicity Officers
10.2.3������������� Two (2) Projects Co-ordinators
10.2.4������������� Two (2) Sport and Recreation Officers
10.2.5������������� Two (2) Gender Officer Officers
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10.3� �� Invited student Representatives shall be the:-
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10.3.1������������� DUT Sports Union representative
10.3.2������������� DUT Central Housing Council representative
10.3.3� ���������� DUT Student Faculty representative
SECTION ELEVEN
11.� POWERS AND DUTIES OF THE SRC
11.1���� The Executive of SRC
11.1.1� The SRC President shall:
11.1.1.1.�������� convene and preside at all meetings of the SRC, the SRC executive committee and mass meetings of the Student Body.
11.1.1.2���������� be an ex-officio member of all SRC standing committees.
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11.1.1.3���������� be responsible for overall co-ordination of the members of the SRC duties and ��� ����������� ����������� functions.
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11.1.1.4���������� represent Students at Senate, Council, Student Service Committee and other relevant
����������������������� Institutional structures, as provided for by those structures.
11.1.1.5���������� together with the Chair, General Treasurer shall be the official signatories of the SRC
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11.1.1.6���������� be responsible for all international and external affairs of the SRC including but not limited to liaison with any national organisations with which the SRC has relations.
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11.1.1.7���������� be responsible for all constitutional and disciplinary matters of the SRC.
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11.2 ��� The Deputy President shall:
11.2.1� convene and preside at all meetings of the SRC, the SRC executive committee and mass meetings in the absence of the President.
11.2.2��� Chair the ethics and disciplinary sub-committees of the SRC.
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11.2.3� be responsible for all international and external affairs of the SRC including, but not ������ limited to liaison with any national organisation with which the SRC has relations.
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11.2.4� be responsible for all constitution and disciplinary matters of the SRC.
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11.2.5� Chair the constitutional-sub- committees of the SRC.
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11.3� �� The General Secretary shall:
11.3.1� be responsible for the day- to-day running of the SRC.
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11.3.2 �be the Chief Custodian of all assets and documents of the SRC.
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11.3.3� be responsible for the processing of all correspondence with persons or bodies outside the SRC.
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11.3.4� be responsible for the circulation of important information both within and outside the SRC.
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11.3.5 be responsible for the release of press statements in consultation with the Public Relations Officer and the President.
11.3.6� act as the President in the absence of both the President and Deputy President.
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11.3.7� be responsible for any correspondence within the SRC and affiliates.
11.3.8� ensure that all proceedings involving the SRC are recorded, and that minutes of meetings are �� circulated the offices of the Registrar and Executive Director: Student Affairs for record keeping.
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11.3.9� together with the President and the General Treasurer, shall serve as signatories of the SRC.
11.4���� Deputy Secretary shall:
11.4.1� deputises the General Secretary in her absence.
11.4.2 be responsible for co-ordination of clubs and societies activities.
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11.4.3 serve as a minute secretary in the absence of the General Secretary.
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11.4.4 assisting with the general administration of the SRC offices
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11.5.� � The General Treasurer shall:
11.5.1 be responsible and be compliant with all financial policies of the DUT.
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11.5.2. Ensure proper financial practices within the SRC and sub structures (including ���� transactions, records and accounts in accordance with the DUT financial policies).
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11.5.3 be responsible for the co-ordination of the financial statements of the SRC for the AGM.
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11.5.4 be responsible and be accountable for the budget of the SRC.
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11.5.5 Chair the Financial Support Services Committee of the SRC.
11.5.7� shall have the responsibility of fundraising for the SRC within the DUT policy ������� framework.
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11.6���� General Members
The General Members of the SRC shall perform the following duties at their
respective campuses:-
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11.6.1� ����������� Education & Transformation Officer
11.6.2 be the officer in charge of the transformation process in the SRC within the Student body in her respective campus.
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11.6.3 Represent the Student body in the Institutional Forum.
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11.6.4 Chair the student transformation sub-committees at her respective campus.
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11.7���� Projects Officer shall:
11.7.1� co-ordinate all projects of the SRC.
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11.7.2� forge links with community based organisations.
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11.7.3� in collaboration with the General Treasurer, fundraise for projects.
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11.7.4� be entrusted with the welfare of disabled students.
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11.7.5� organise recreation events and activities of the SRC.
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11.7.6. investigate and attend to all issues that are associated with the social ������������������������������ development of students.
11.8 The Media and Publicity Officer shall:
11.8.1 be responsible for the Public Relations of the SRC and maintain a consistent relationship ����������� with the DUT Public Affairs office.
11.8.2 be the Chief Marketing Officer of the SRC.
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118.3 � manage the production of all SRC Publications, Notices and other forms of ���������� communications.
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11.8.4 be responsible for the supervision of all Media activities by affiliated structures.
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11.8.5 in conjunction with the President and General Secretary shall be responsible for all �������� press releases of the SRC.
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11.9.��� Gender Officer shall:
11.9.1� establish a sub-committee on gender equality.
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11.9.2� organise campaigns and workshops on Gender transformation.
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11.9.3� facilitate the establishment and / or maintenance of Gender collective or a Gender desk ����������� within the Institution.
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11.9.4� serve on the DUT Gender Forum.
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11.9.5� be responsible for all SRC HIV/AIDS activities in conjunction with other relevant
����������� stakeholders.
11.10.� Sport, Culture and Recreation Officer shall:
11.10.1����������� in conjunction with the Sports Union co-ordinate all sporting activities under the ����������� ����������� auspices of the SRC.
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11.10.2����������� co-ordinate all cultural activities of SRC
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11.10.3����������� formulate programmes that are aimed at addressing diversity issues.
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SECTION TWELVE
�12.����� Meetings
12.1���� SRC Meetings
12.1.1 SRC meetings shall be held at least twice a month.�������������
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12.1.2� the quorum of SRC; SRC Exco and Sub-committee meetings shall be 50% +1 of all members.
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12.1.3� in the event of a failure to quorate as provided for in 12.1.2 within fifteen minutes of the scheduled ����������� commencement of a meeting then, another meeting shall be called at which a quorum shall be deemed to exist irrespective of the number or percentage of members present.
12.1.4� all meetings shall be convened by the General Secretary in consultation with the President.
12.1.5� all members shall have one vote.� In the event of a deadlock the chairperson shall have a casting vote.
12.1.6� voting shall only be by way of secret ballot or a show of hands
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12.1.7� all meetings shall abide by principles of democracy.
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12.1.8� notice of the meetings shall be circulated at least a week prior to the meeting.
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12.2 SRC AGM
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12.2.1 ����������� the AGM shall be the highest decision-making body.
12.2.2� ����������� the AGM shall be convened by the SRC president� and shall be held during the third term.
12.2.3������������� notice of the AGM shall be circulated not less than ten days prior thereto.
12.2.4������������� the SRC shall present a composite report as the AGM which shall include the audited Financial Statements of the SRC for the past financial year.
12.2.5������������� the quorum of the meeting shall be 50% of registered students.
12.2.6������������� in the event of a failure to quorate as provided for in 12.2.5, within thirty minutes of the scheduled commencement of the AGM, then another meeting shall be called within 14 days and at that meeting a quorum shall be deemed to exist irrespective of the number or percentage of members present.
12.2.7������������� all decisions taken at the AGM shall be by the majority of those students present and entitled to vote at the meeting.
12.2.8������������� voting shall be by show of hands unless the majority of those present decide on another method
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SECTION THIRTEEN:
13. ����� Reshuffling
� 13.1�� SRC may reshuffle its positions at least after serving one full academic quarter.
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13.2���� Reshuffling may take place provided a signed petition is supported by nine members of � the SRC.
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13.3���� This signed petition must be lodged with the Manager: Student Governance & Development who must in turn call a meeting within 7 days of receipt specifically for this purpose.
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SECTION FOURTEEN:
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14. ����� Dissolution of SRC
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14.1���� A motion of dissolution may be proposed in a form of a petition by any Student �� provided that the motion is seconded by at least 350 registered students.
14.2���� Such a petition shall then be handed over to the Executive Director: Student Affairs who shall upon receiving it verify the signatories and convene a special mass meeting within ����� 14 days. The quorum of the mass meetings shall be 5 % of the registered students.
14.3� �� Should the Mass Meeting resolve that the SRC be dissolved, then an interim structure ��� shall be elected comprising of the following:-
14.3.1.����������� three students from the Durban Campus and two from the Midlands Campus, provided that such persons are not the same students who served on the dissolved SRC.
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14.4���� the duration of the above interim structure shall be determined by the Mass meetings as presided upon by the Executive Director: Student Affairs.
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SECTION FIFTEEN:
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15.������ Amendments to the constitution
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15.1���� Members of the SRC shall have the right to propose constitutional amendments � provided that any such proposal shall be considered at a special AGM.
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15.2���� Any such amendment so considered and adopted by the student body (AGM) shall go through the normal process of passing any policy of the University i.e. Student Services Board, Executive Management and ultimately the Council of the University, for approval.
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� SECTION SIXTEEN
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16.������ Promulgation��
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16.1���������������� Once adopted, this constitution shall:-
16.1.1������������� nullify all existing constitutions or similar documents of the SRC.
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16.1.2 ������������ come into immediate effect.
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