National University of Science and Technology Act

Link to law: http://www.parlzim.gov.zw/acts-list/national-university-of-science-and-technology-act-25-13
Published: 2002

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ARRANGEMENT OF SECTIONS

Section

1. Short title.

2. Interpretation.

3. Establishment of University.

4. Objects and powers of University.

5. Membership of University.

6. Prohibition against discrimination in membership of University.

7. Chancellor.

8. Vice-Chancellor.

9. Pro-Vice-Chancellors.

10. Council.

11. Functions of Council.

12. Chairman and vice-chairman of Council.

13. Executive Committee of Council.

14. Senate.

15. Functions of Senate.

16. Academic Board.

17. Registrar.

18. Bursar.

19. Librarian.

20. Convocation.

21. Terms and conditions of service of staff.

22. Appointment and grading of staff.

23. Promotion of staff.

24. Staff Disciplinary Committee.

25. Student Disciplinary Committee.

26. Finance Committee.

27. Statutes.

28. Regulations.

29. Validity of decisions of Council, Senate, Convocation and boards and committees.

SCHEDULE: Statutes of the University.

AN ACT to establish the National University of Science and Technology and to provide for matters connected therewith or incidental thereto.

[Date of commencement: 8th April, 1991.]

1 Short title

This Act may be cited as the National University of Science and Technology Act [Chapter 25:13].

2 Interpretation

In this Act-

"academic staff" means all persons employed, whether full-time or part-time, by the University as¾¾

(a) professors, lecturers of any class or persons 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 - Editor.]

"administrative staff" means all persons employed by 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 eighteen;

"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 twelve;

"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 ten;

"Faculty" means a Faculty of the University established in terms of the Statutes;

"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 nineteen;

"library 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 - Editor.]

"Minister" means the Minister of Higher Education and Technology 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 nine;

"Professor" means a Professor of the University;

"Registrar" means the person holding office as Registrar of the University in terms of section seventeen;

"regulations" means regulations made by the Senate under section twenty-eight;

"Senate" means the Senate established in terms of section fourteen;

"senior" in relation to the staff of 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 - Editor.]

"Statutes" means the Statutes of the University set out in the Schedule as amended from time to time or replaced in terms of section twenty-seven;

"Students' Union" means any association of students recognized by the Council as the Students' Union;

"technical 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 - Editor.]

"University" means the National University of Science and Technology constituted in terms of this Act;

"Vice-Chancellor" means the person holding the office of Vice-Chancellor in terms of section eight;

"workers" means all persons employed by the University who are categorized in terms of the Statutes as workers. 3 Establishment of University

(1) There is hereby constituted a university to be known as the National University of Science and Technology.

(2) 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 University

(1) The objects of the University are the advancement of knowledge with a special bias towards the diffusion and extension of science and technology through teaching, research and learning and, so far as is consistent with these objects, the nurturing of the intellectual, aesthetic, social and moral growth of the students of the University.

(2) 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 extramurally, and to take such other steps as may appear necessary and desirable for the 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 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 the fields of science and technology and any other fields in which the University may from time to time be engaged;

(e) to promote research with emphasis on scientific, technological, industrial and developmental projects, with particular reference to the developmental needs of Zimbabwe;

( 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 regulate and provide for the residence of its students and members of staff;

( j) to provide and maintain sports fields and other recreational facilities for its students and members of staff;

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

(l) to enter into such contracts and to establish such trusts and to appoint such staff as the University may require;

(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 or outside Zimbabwe, as may be requisite in order to further its objects or any of them.

5 Membership of University The University shall consist of-

(a) a Chancellor; and

(b) a Vice-Chancellor; and

(c) one or more Pro-Vice-Chancellors; and

(d) members of the Council; and

(e) members of the Senate; and

( f ) members of staff; and (g) students; and

(h) the Convocation.

6 Prohibition against discrimination in membership of University

(1) No test of religious or political belief, race, ethnic origin, nationality or sex 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.

(2) 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

(1) The President of Zimbabwe shall be Chancellor of the University.

(2) The Chancellor shall be the Head of the University.

(3) 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

(1) 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.

(2) 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.

(3) Subject to subsections (4) and (5), the Vice-Chancellor may-

(a) suspend from duty any member of staff of the University;

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

(c) prohibit, indefinitely or for such period as he may specify, any student or group of students from attending any class or classes;

(d) 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;

(e) expel or suspend, indefinitely or for such period as he may specify, any student or group of students;

( f ) dissolve or suspend, indefinitely or for such period as he may 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-

(i) a member of staff, which is recommended by the Disciplinary

Committee in terms of subsection (6) of section twenty-four;

(ii) a student, which is recommended by the Student Disciplinary Committee in terms of subsection (6) of section twenty-five.

(4) The Vice-Chancellor shall not expel a student for misconduct unless the student has been found guilty of that misconduct by the Student Disciplinary Committee in terms of section twenty-five.

(5) Any action taken by the Vice-Chancellor in terms of subsection (3) shall be subject to ratification by the Council.

9 Pro-Vice-Chancellors

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

(2) A 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.

(3) The Vice-Chancellor may delegate to a Pro-Vice-Chancellor, either absolutely or subject to conditions, 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

(1) Subject to this Act and any general directions as to policy given by the Minister, the government and e 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 ex officio members; and

(b) sixteen persons appointed by the Minister; and

(c) nine persons who are members of the academic staff appointed by the Senate, other than the Vice Chancellor and the Pro-Vice-Chancellors; 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 woman appointed by the Minister to represent women's interests; and

(g) one person approved by the Vice-Chancellor and elected by the nonSenate members of the academic staff from among themselves; 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 from a list of names submitted by the Zimbabwe Congress of Trade Unions or, if that organization ceases to exist, by such other organization as the Minister, after consultation with the Minister to whom the administration of the Labour Relations Act [Chapter 28:01] has been assigned, recognizes as its successor for the purposes of this paragraph; and

(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; and

(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, if that organization ceases to exist, by such other organization as the Minister, after consultation with the Minister responsible for industry, recognizes as its successor for the purposes 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 organization 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 organization representing churches or organized religion 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 organization representing youths or the interests of youths as the Minister recognises for the purposes of this paragraph.

(2) If any person, organization or authority fails or declines-

(a) to appoint or elect any person in terms of paragraph (c), (g), (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 ( j), (k), (l), (m), (n), (o), (p), (q) or (r) of subsection (1) 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

(1) Subject to this Act and the Statutes, the Council shall- (a) appoint-

(i) with the approval of the Minister, the Pro-Vice-Chancellors and the Registrar;

(ii) the Bursar, the Librarian and academic staff; and

(iii) 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;

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

(c) 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;

(d) 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 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 - Editor.]

(e) submit statements of income and expenditure referred to in paragraph (d) to audit by an auditor appointed by the Council, and shall publish such statements and the auditor's report thereon;

( f ) cause to be prepared annually estimates of income and expenditure for the following financial year;

(g) cause to be prepared and made available to the public a report on the activities of the University during each year.

(2) Without limitation on any other powers 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 administer the property of the University and to control its affairs and functions;

(c) 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;

(d) 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 Chairman and vice-chairman of Council

(1) 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.

(2) At all meetings of Council at which the Chancellor is not present the chairman of the Council or, in his absence, the vice-chairman shall preside.

(3) If at any meeting of the Council the Chancellor and the chairman and vicechairman 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.

13 Executive Committee of Council

(1) There shall be a principal committee of the Council to be known as the Executive Committee.

(2) 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- (i) five shall be appointed by the Minister; and (ii) three shall be appointed by the Senate; and (iii) two shall be appointed by the Council.

(3) The chairman and vice-chairman of the Council shall be the chairman and vicechairman respectively of the Executive Committee.

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

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

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

14 Senate

(1) 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-Chancellors, the Deans, the Full Professors, the Chairmen of Departments and the Librarian, who shall be ex officio members; and

(b) one member of the full-time academic staff from each Faculty elected annually by such staff; 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 - Editor.]

(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.

(2) If the full-time 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.

[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 - Editor.]

15 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 the 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;

(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 subject 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 the academic work of the University and to submit them to the Council;

(i) subject to the approval and direction of the Council, to formulate, modify and revise the organization of Faculties, Departments, Institutes, Centres and units of the University and to assign to them their various subjects or functions, and to advise the Council on the establishment of the Faculties, Departments, Institutes,

Centres or 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 committees, 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;

(n) to report on any matter referred to it by Council;

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

16 Academic Board

(1) There shall be a principal committee of Senate to be known as the Academic Board.

(2) The Academic Board shall consist of-

(a) the Vice-Chancellor, who shall be chairman; and

(b) every Pro-Vice-Chancellor; and

(c) four full professors of the University, elected annually by the Senate; and

(d) all the Deans of Faculties; and

(e) the Librarian; and

( f ) two members of the Senate, elected annually by the persons referred to in paragraphs (a) and (b) of subsection (1) of section fourteen.

(3) 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.

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

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

17 Registrar

(1) 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.

(2) 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.

(3) 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.

18 Bursar

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

(2) 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.

(3) The Bursar shall perform such additional functions as may be specified in the Statutes.

19 Librarian

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

(2) 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.

20 Convocation

(1) The Convocation of the University shall consist of all persons whose names appear on the Convocation roll maintained by the Registrar.

(2) The Vice-Chancellor and all Pro-Vice-Chancellors, Professors, lecturers, Chairmen of Departments, the Registrar, the Librarian and the Bursar shall ex officio be members of the Convocation.

(3) 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.

(4) Subject to section seven, the Vice-Chancellor or such other person as he may appoint shall be chairman of meetings of the Convocation.

(5) Meetings of the Convocation shall be held only if summoned by the Council and shall be held at such times and places as the Council shall direct.

(6) The Convocation may deal with any matter relating to the University which may be referred to it by the Council.

21 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 every Pro-Vice-Chancellor, shall be determined by the Council in terms of this Act, and 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 time or in such circumstances as may be fixed in 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 any such termination, the person concerned shall have a right of appeal to the Council, whose decision shall be final.

22 Appointment and grading of staff

(1) 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 appointed by the Council from amongst those of its members 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 referred to in paragraph (c).

(2) 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, a ProVice-Chancellor, the Registrar, the Bursar, the Librarian and academic staff.

(3) 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. 23 Promotion of staff

(1) 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 the Deans of Faculties; and

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

(2) 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) 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; and

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

(g) one representative of each Faculty.

24 Staff Disciplinary Committee

(1) There shall be a Staff Disciplinary Committee which shall consist of the following members appointed by the Vice-Chancellor

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

(b) a senior member of the academic or administrative staff; and

(c) a member of the academic or administrative staff of similar status to the person charged.

(2) Two members of the Staff Disciplinary Committee shall form a quorum.

(3) 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.

(4) The functions 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 academic or administrative and general staff 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.

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

(6) 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, with effect from the 10th September, 2002.]

(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.

25 Student Disciplinary Committee

(1) There shall be a Student Disciplinary Committee which shall consist of the following members appointed by the Vice-Chancellor-

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

(b) the Senior Proctor, who shall be vice-chairman; and (c) four members of the academic staff; and

(d) one student nominated by the Students' Union.

(2) Five members of the Student Disciplinary Committee shall form a quorum.

(3) 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 of votes, the chairman or person presiding shall have a casting vote in addition to his deliberative vote.

(4) 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 of such misconduct.

(5) A student charged with misconduct referred to in subsection (4) shall have a right of audience before the Student Disciplinary Committee.

(6) Where the Student Disciplinary Committee has found a student guilty of misconduct referred to in subsection (4), the Committee shall recommend to the ViceChancellor the imposition upon the student of any one or more of the following punishments-

(a) expulsion or suspension from the University;

(b) the withdrawal of any academic or University privilege, benefit, right or facility other than to follow courses of instruction and present himself for examination;

(c) the imposition of a fine not exceeding level four , which fine may be deducted from any allowances payable to the student and shall be paid to the

University;

[amended by Act 22 of 2001, with effect from the 10th September, 2002.] (d) a censure or reprimand;

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

26 Finance Committee

(1) Subject to this Act, there shall be a Finance Committee of the Council consisting

of-

(a) the chairman of Council, who shall be chairman; and

(b) the Vice-Chancellor; and

(c) every Pro-Vice-Chancellor; and

(d) three persons appointed by the Council from among its members who are not members of the University staff; and

(e) two persons appointed by the Senate from among its members; and

( f ) the Bursar, who shall be the secretary of the Finance Committee; and

(g) the Registrar; and

(h) a representative of the Deans of Faculties appointed by the Council.

(2) The functions of the Finance Committee shall be as provided in the Statutes.

27 Statutes

(1) Subject to this Act, the University shall be administered in accordance with the Statutes.

(2) With the approval of the Minister the Council may, by statutory 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 the provisions of this Act or for the proper administration of the University.

(3) Subject to this Act, Statutes made in terms of subsection (2) may provide for- (a) the appointment, conditions of service and functions of the ViceChancellor, the Pro-Vice-Chancellors, the Registrar, the Bursar, the Librarian and all members of staff and the categorization of such members of staff; (b) the functions of the Pro-Vice-Chancellors;

(c) the election or appointment of persons to the Council and the Senate and to committees of the Council and the Senate;

(d) the terms of office of members of the Council and its committees, other than ex officio members thereof;

(e) the terms of office and conditions of service of the chairman and vicechairman of the Council;

( f ) the convening of meetings 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;

(g) the terms of office of members of the Academic Appointments Board and the Academic Staff Promotions Committee, the convening of meetings of that Board and Committee, the quorum at such meetings and the procedure to be adopted thereat;

(h) the functions of the Academic Appointments Board, Boards of Selection, the Grading Committee, the Academic Staff Promotions Committee, the

Non-Academic Staff Promotions Committee and the Finance Committee;

(i) 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;

( j) the establishment and organization of Faculties, Departments, Centres and Institutes;

(k) the functions of Deans of Faculties, Chairmen of Departments and heads of Centres and Institutes;

(l) the holding of congregations of the University for the purpose of conferring degrees, diplomas, certificates and other honours and awards;

(m) the seal of the University and its use and custody;

(n) the academic year of the University;

(o) the discipline of members of staff and students and the procedures to be adopted in respect thereof;

(p) fees and charges to be paid for anything done by any person in terms of this Act;

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

28 Regulations

(1) 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.

(2) Regulations may provide for-

(a) teaching within the University, whether generally or in relation to specific subjects;

(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.

(3) The Senate may at any time amend or repeal any regulations.

(4) 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.

29 Validity 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. SCHEDULE (Sections 2 and 27)

STATUTES OF THE UNIVERSITY

ARRANGEMENT OF STATUTES

Statute

1. Appointment of Pro-Vice-Chancellors.

2. Length of appointment of members of Council.

3. Casual vacancies in Council.

4. Meetings and quorum of Council.

5. Resolutions by circulation among members of Council.

6. Meetings and quorum of Senate.

7. Convocation.

8. Faculties.

9. Deans.

10. Composition of Faculty Boards.

11. Functions of Faculty Boards.

12. Meetings of Faculty Boards.

13. Teaching Departments.

14. Institutes and Centres.

15. Appointment of Registrar, Bursar and Librarian.

16. Procedure generally.

17. Financial procedures.

18. Auditors.

19. University seal.

20. Ordinances.

21. Arrangements with other universities, affiliated bodies, etc.

Appointment of Pro-Vice-Chancellors

1. (1) For the purpose of considering appointments to the office of ProVice-Chancellor, there shall be a joint committee of the Council and the Senate consisting of-

(a) the chairman of the Council, who shall be the chairman of the joint committee; and

(b) the vice-chairman of the Council; and

(c) the Vice-Chancellor; and

(d) two persons appointed by the Council from among its members who are not members of the Senate; and

(e) three persons appointed by the Senate from among its members.

(2) The joint committee constituted by this Statute shall consider each applicant for appointment to a vacancy in the office of Pro-Vice-Chancellor and shall make recommendations thereon to the Council, and the Council, after considering the joint committee's recommendations, shall make the appointment concerned with the approval of the Minister.

(3) A Pro-Vice-Chancellor shall hold office for three years from the date of his appointment and, subject to subsection (2) and the approval of the Minister, shall be eligible for re-appointment.

Length of appointment of members of Council

2. (1) Members of the Council, other than ex officio members, shall hold office for three years and shall be eligible for re-appointment or re-election, as the case may be.

(2) Any member of the Council, other than an ex officio member, may resign his membership at any time by notice in writing addressed to the Registrar.

Casual vacancies in Council

3. Any casual vacancy occurring among the appointed or elected members of the Council shall be filled as soon as possible by the person, persons or body which appointed or elected the member whose place has become vacant, and the person so appointed or elected shall hold office for the remainder of the period for which the person whose place he fills was appointed or elected. Meetings and quorum of Council

4. (1) The Council shall meet at least three times a year.

(2) The quorum of the Council shall be one-half of the members holding office at the time of the meeting.

Resolutions by circulation among members of Council

5. A resolution proposed by the Executive Committee of the Council, other than for the purpose of making a Statute, which is on its authority circulated by the Registrar to all members of the Council and which receives the written agreement of not less than two-thirds of such members shall, upon receipt of such agreement by the Registrar, have the same force and effect as a resolution passed at a meeting of the Council.

Meetings and quorum of Senate

6. (1) The Senate shall meet at least three times a year.

(2) The quorum of the Senate shall be one-half of the members holding office at the time of the meeting.

(3) The Vice-Chancellor or, in his absence, a Pro-Vice-Chancellor, shall be chairman of the Senate.

Convocation

7. There shall be no quorum for meetings of the Convocation, the proceedings of which shall be regulated by the chairman subject to any general or special direction of the Council.

Faculties

8. The University shall include such Faculties as may from time to time be established by the Council.

Deans

9. (1) There shall be a Dean of each Faculty, who shall be elected by the Faculty Board, in such manner as may be prescribed by Ordinance, from the full-time teaching staff of the Faculty.

(2) In the event of there being an equality of votes in an election to the office of Dean, the Vice-Chancellor shall have a casting vote.

(3) A Dean shall hold office for three years or such other period as may be prescribed by Ordinance, and shall be eligible for re-election.

(4) A Dean shall preside at meetings of the Faculty Board of his faculty and at meetings called by him in terms of these Statutes, and shall have such functions as are prescribed by Ordinance.

Composition of Faculty Boards

10. For each Faculty there shall be a Faculty Board which shall consist

of-

(a) all the full-time academic staff of the Faculty; and

(b) such persons as may be assigned to the Faculty Board by the Senate; and

(c) two students elected annually by the students in the Faculty.

Functions of Faculty Boards

11. A Faculty Board shall have the following functions-

(a) to regulate, subject to the approval of the Senate, the teaching and study of the subjects assigned to the Faculty;

(b) to report to the Senate on any matter specifically relating to the work of the Faculty;

(c) to deal with any matter referred or delegated to it by the Senate; (d) to appoint committees, which may include a minority of persons who are not members of the Faculty Board, to carry out any of the duties or exercise any of the powers of the Board. Meetings of Faculty Boards

12. (1) The Dean of each Faculty shall call regular meetings of the Faculty Board at which matters relating to the policy of the Faculty and appointments shall be discussed and recommendations adopted for submission to the appropriate authorities on appointments.

(2) The Vice-Chancellor and every Pro-Vice-Chancellor shall be entitled to attend any meeting of a Faculty Board or any committee thereof.

Teaching Departments

13. (1) The Teaching Departments and their allocation to Faculties shall be prescribed by ordinances.

(2) A Chairman of Department shall be appointed by the ViceChancellor, on behalf of the Council, from among, the full-time members of the academic staff of the Department, after consultation with each member of the academic staff in the Department and the Dean of the Faculty to which the Department is allocated.

(3) A Chairman of Department shall hold office for a period of three years, or such other period as may be determined by ordinance, and shall be eligible for re-appointment.

(4) A Department may be allocated to two or more Faculties.

Institutes and Centres

14. The Council, after consultation with the Senate, may establish Institutes or Centres of learning within or outside the University and shall appoint the head of any such Institute or Centre and give directions as to its studies and research and administration.

[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 - Editor.]

Appointment of Registrar, Bursar and Librarian

15. (1) For the purpose of considering appointments to the offices of Registrar, Bursar and Librarian, there shall be a joint committee of the Council and the Senate consisting of-

(a) the chairman of the Council, who shall be the chairman of the joint committee; and

(b) the vice-chairman of the Council; and

(c) the Vice-Chancellor; and

(d) every Pro-Vice-Chancellor; and

(e) two persons appointed by the Council from among its members who are not members of the Senate; and

( f ) three persons appointed by the Senate from among its members.

(2) The joint committee constituted by this Statute shall consider each applicant to a vacancy in the office of Registrar, Bursar or Librarian and shall make recommendations thereon to the Council.

Procedure generally

16. (1) Except as otherwise specifically provided by the Act or, these Statutes, in the absence of the chairman or vice-chairman at a meeting of a board or committee the members present shall elect from those present a chairman to preside over that meeting.

(2) Except as otherwise specifically provided by the Act or these Statutes, the quorum at any meeting of a board or committee shall be as fixed by the person or authority that appointed the board or committee.

(3) Except as otherwise specifically provided by the Act or these Statutes, each board or committee shall determine and may make rules for the time, place and procedure of its meetings.

(4) The minutes of a meeting of aboard or committee shall be laid on the table at the next following meeting of the body that appointed it.

(5) At a meeting of board or committee, in the event of an equality of votes on any matter, the person presiding shall have a casting vote in addition to his original vote.

(6) Subsections (3), (4) and (5) shall apply, mutatis mutandis, to the Council and the Senate, save that minutes of the Council shall be sent to the Chancellor and the Minister and a report of each meeting of the Senate shall be laid on the table at a meeting of the Council.

Financial procedures

17. (1) The Council shall fix the financial year of the University.

(2) The Finance Committee shall submit to the Council, before the beginning of the financial year, draft estimates of income and expenditure, and such estimates, amended as the Council thinks fit, shall be approved by the Council before the beginning of the financial year.

(3) The Council may revise the estimates during the course of the financial year and give directions for the manner in which amendments of expenditure estimates may be made, which directions may make provision for delegating the powers of revision so long as such delegation does not extend to altering the total estimated expenditure.

(4) As soon as practicable after the end of the financial years, a balance sheet and income and expenditure account with supporting schedules shall be submitted to the auditors.

(5) The audited accounts, with any comments thereon made by the auditors, shall be submitted to the Council.

Auditors

18. (1) Subject to subsections (2) and (3). the Council shall, before the beginning of each financial year, appoint auditors who are registered as public auditors in terms of the Public Accountants and Auditors Act [Chapter 27:12].

(2) No person shall be appointed as an auditor in terms of subsection (1) if he, or any of his partners or employees, holds any other office in the University.

(3) If no appointment of new auditors is made before the beginning of any financial year, the auditors in office shall continue in office.

(4) An auditor appointed in terms of subsection (1) shall be entitled at all reasonable times to require any officer, employee or agent of the University- (a) to produce all accounts and other records relating to the financial affairs of the University as may be in the custody of such officer, employee or agent; and

(b) to provide such information or explanation as, in the opinion of the auditor, is necessary for the purposes of the audit.

University seal

19. (1) There shall be a seal of the University, of such design as may be approved by the Council.

(2) The seal of the University shall be kept in the custody of the

Registrar and, subject to the directions of the Council, shall be affixed to- (a) certificates, degrees and diplomas conferred by the University; and (b) any document attested by the signature of the Vice-Chancellor and the Registrar.

Ordinances

20. (1) The Council may, with the approval of the Minister, make ordinances providing for any matter referred to in paragraphs (a) to (p) of subsection (3) of section 27 of the Act.

(2) The Registrar shall publish any ordinance made in terms of subsection (1) in such manner as the Council may direct, being a manner which the Council considers will best make the ordinance known to the persons whom it applies.

Arrangements with other universities, affiliated bodies, etc.

21. (1) The Council may make arrangements with any other university whereby students of the University may be registered as students of such other university and so enabled to study for, enter the examinations of and be afforded the degrees of such other university.

(2) The Council may affiliate to the University any other institution or any branch or department of any other institution, and may¾¾

(a) recognise selected members of the staff of any affiliated institution, branch or department as teachers of the University; and

(b) admit the members of any affiliated institution, branch or department to any of the privileges of the University; and

(c) accept attendance at courses of study in any affiliated institution, branch or department in place of attendance at courses of study at the University; on such terms and conditions and subject to such rules 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 - Editor.]