Celebrating the Love of Friends in a Loving World

Celebrating the Love of Friends in a Loving World
Red Roses for You, My Sweet Friends ... Total Love.

My Sweet Friends

My sweet friends,

We grow closer to each other;

When we interact together and share ideas;

The common faith that we share,

Binds our hearts in one accord.

For sweet friendships last a life time,

When built on mutual respect, humility and understanding;

Throughout each different season,

We find we are one in life.

Sweet friends are there through times of grief;

And times when hope is gone;

Always there with encouragement;

So we can carry on.

I thank the Lord for you,

My true and faithful friends;

To fondly speak with you, whether we agree or not,

On this, our beloved blog;

For sweet friends will stay, no matter what;

Giving support.

Together, our hearts and minds truly unite;

With the amazing love of sweet friends.

In the spirit of true friendship,

Best wishes, my sweet friends;

May the Lord bless you abundantly.

I remain, yours truly,

B.B. Bakampa.

Search This Blog

Popular Posts

Total Pageviews

Follow by Email

Translate

Google+ Badge

Google+ Followers

Monday, September 6, 2010

PROPOSED CONSTITUTION OF THE MAKERERE LAW SOCIETY, 2010.

PRESENTED BY


BAKAMPA BRIAN BARYAGUMA
www.bbbakampa.blogspot.com
bsaint3@gmail.com


SECONDED BY


1. BIRUNGI ALICE SINGAHAKYE


AND


2. KIGENYI EMMANUELS


Highlights Of The Proposed Constitution.


Through this proposed Constitution, we seek to establish a new constitutional order in the Makerere Law Society by repealing the current Constitution (The Constitution Of The Makerere Law Society, 2003) and all amendments thereto. This follows the realization that the current Constitution is too general yet insufficiently detailed to meaningfully address the contemporary challenges facing MLS, with the result that it is so incurably deficient that it is incapable of amendment but total repeal.

From the preamble, this proposed Constitution aspires to be popular and durable based on the principles of unity, harmony, equality, democracy, justice and progress; achievable through placing emphasis on institutional frameworks as opposed to individuals who are easily susceptible to manipulation and corruption. Below are the key features of this proposed Constitution:-

A. It is made up of eight chapters.
• Chapter One declares the supremacy of the Constitution and MLS members’ sovereignty.
• Chapter Two establishes the Makerere Law Society.
• Chapter Three concerns representation, particularly providing for the Electoral Commission.
• Chapter Four establishes the Makerere Law Society Government.
• Chapter Five deals with finance and provides for a Makerere Law Society Account.
• Chapter Six caters for amendment of the Constitution.
• Chapter Seven states transitional provisions in the event that this Constitution is adopted.
• Chapter Eight interprets key terms used.

B. It is proposed that a three-level Government system, in which checks and balances are well embedded, be established with the following organs––
• The General Assembly, which is the supreme policy making and legislative body;
• The Executive, which is divided into two parts, namely, the Cabinet and the Office of Speaker. The Cabinet (comprising eight offices) shall be responsible for the day-to-day formulation and management of the Society’s programmes and policies. It is proposed that some offices be repealed, and new ones created–– the guiding principle being relevance; and
• The Council of Representatives, which is a quasi-judicial body in charge of dispute resolution.

There are also various specialized committees mandated to perform duties of a quasi-judicial nature with regard to electoral petitions.


C. The role of the Administration.
We recognize the need to promote mutual cooperation between MLS members and the Makerere University staff. Hence, this proposed Constitution clearly sets and demarcates the provinces of the two but also provides for areas of cooperation where necessary. Nevertheless, it is the spirit of this proposed Constitution to discourage administrative interference in MLS affairs as much as possible.

D. Gender relations.
This proposed Constitution is very gender sensitive, be it in spirit, letter or intent. We are well aware that both male and female members are of equal competence such that none is favoured at the expense of the other. For instance, all MLS offices are open to all eligible members without discrimination.

E. Empowerment of members.
Convinced that a vibrant Society is vital in attaining the aspirations of MLS, this proposed Constitution fully empowers all members and institutions therein established to hold leaders fully accountable. At the heart of this endeavour is article 16(3) among others, aiming at eliminating ‘untouchables’ in MLS.

F. Promoting students’ welfare.
Owing to the fact that ours is a learning institution, academically and otherwise, this proposed Constitution seeks to harness students’ welfare by providing for welfare promotion through ad hoc programmes and activities, as a cardinal duty of the MLS. In the same spirit, it is humbly proposed that members who aren’t on normal progress shouldn’t be permitted to contest for any Government office for reasons that MLS deserves exemplary leaders academically.

G. The position on first year students.
We propose to lift the ban on first year students from contesting for MLS offices for we find neither logic nor merit in it. We appreciate and are convinced that first year students can be as good leaders as other continuing students or even better, hence the need for tapping into and gaining from their leadership skills. The ban is only maintained on students in their final year of study for Executive positions simply for practical purposes, as they wouldn’t be able to complete their term of office once elected.

H. Certainty.
The periods within which most things should be done are duly provided for. The rationale is that members don’t have to wait forever before decisions are taken. By so doing, all possibilities of suspense and uncertainty are eliminated. Likewise, the question of who should do what is adequately catered for. This is geared towards achieving efficiency and effectiveness by getting things done.

Apparently, this proposed Constitution represents ambitious reforms in the Makerere Law Society. We are desirous to create an institution that is fast, flexible, and accountable, that can give voice to the voiceless; one that can demonstrate real results and can be held accountable when it falters; one that reaches out to partners, with humility and respect, ready to learn from others. The Makerere Law Society must reform to help play this role. “But why reform?” somebody may ask.

We are reforming to become more representative and legitimate.
MLS must represent the realities of our time, recognizing the role and responsibility of everyone and provide a platform to perform them.

We are reforming to become more effective, innovative, and accountable.
It isn’t enough to be more representative. We must also be more effective, responsive, innovative, flexible, and accountable. We are reforming to sharpen our strategic focus where we can add most value––focusing on academics and general welfare for harnessed intellectual growth.

We are reforming to focus on results, strengthening our governance and anti-corruption efforts, including strong prevention, and becoming more transparent and accountable. We know that mistakes are made. By opening the shades in MLS for all and sundry to see what is done, how it is done, and with what results, we will catch errors more quickly and improve faster.

Taken together, these reforms are transformational. This will no longer be your grandparents’ Makerere Law Society. It won’t even be your parents’. Rather, it will be yours and the generations to come. We would like to say that reform cannot be a one-time effort. It must be a constant––adaptation and re-adaptation, with continuous feedback loops to meet changing realities. We cannot predict the future with assurance. But we can anticipate directions––some of which are as variously contained in this humbly proposed Constitution.

Bakampa Brian Baryaguma (Presenter)
Birungi Alice Singahakye (First Seconder)
Kigenyi Emmanuels (Second Seconder)


PROPOSED CONSTITUTION OF THE MAKERERE LAW SOCIETY, 2010.

Arrangement of the Constitution.

Preliminary matter.

Arrangement of chapters and schedules.
Arrangement of articles.
Preamble.
Chapters.
Schedules.

Arrangement of Chapters and Schedules.

Chapter
1. The Constitution.
2. The Society.
3. Representation of the members
4. The Government
5. Finance.
6. Amendment of the Constitution.
7. Transitional provisions.
8. Interpretation of terms used.

Schedules
First Schedule: Oaths

Arrangement of Articles.

Article

CHAPTER ONE––THE CONSTITUTION.

1. Sovereignty of members.
2. Supremacy of the Constitution.

CHAPTER TWO¬¬––THE SOCIETY.

3. Makerere Law Society.
4. Duties of the Society.
5. Membership.
6. Rights and duties of members.

CHAPTER THREE––REPRESENTATION OF THE MEMBERS.

7. Right to vote.
8. Electoral Commission.
9. Functions of the Electoral Commission
10. Independence of the Commission.
11. Appeals from decisions of the Commission.
12. Expenses of the Commission.
13. Declaration of results and reports by the Commission.
14. Election petitions.
15. By-elections.

CHAPTER FOUR––THE GOVERNMENT.

16. The Makerere Law Society Government.
17. The General Assembly.
18. Meetings of the General Assembly.
19. Quorum.
20. The Executive.
21. The Cabinet.
22. Meetings of the Cabinet.
23. Cabinet members.
24. Vacation of office.
25. Responsibility of members.
26. Vote of censure.
27. Cabinet offices.
28. Functions of the Cabinet officers.
29. Resignation of Cabinet members.
30. Speaker and Deputy Speaker.
31. Functions of the Speaker.
32. Council of Representatives.
33. Class Representatives.
34. Functions of Class Representatives.
35. Election of Class Representatives.
36. Election petitions.
37. Vacation of office.
38. Chairperson and Deputy Chairperson of the Council.
39. Sessions of the Council.

CHAPTER FIVE––FINANCE.

40. Makerere Law Society Account.

CHAPTER SIX––AMENDMENT OF THE CONSTITUTION.

41. Amendment of the Constitution.
42. Amendments by the General Assembly.
43. Amendments by the Council of Representatives.

CHAPTER SEVEN––TRANSITIONAL PROVISIONS.

44. Transitional Government.
45. Existing offices.
46. Existing law and/or practice.
47. Existing commissions and committees of inquiry.
48. Oaths deemed to have been taken.
49. Pending matters.
50. Devolution of rights and liabilities.
51. Repeal of 2003 Constitution.

CHAPTER EIGHT––INTERPRETATION OF TERMS USED.

52. Interpretation.


PROPOSED CONSTITUTION OF THE MAKERERE LAW SOCIETY, 2010.

Commencement: ………

The Preamble.

WE THE MEMBERS OF MAKERERE LAW SOCIETY:

REALIZING the need for a more effective Society;

RECOGNISING our duty to engender a conducive study environment through promotion of mutual cooperation among members of the Society, Makerere University staff and members of the public generally;

COMMITTED to building a better future by establishing a socio-political order through a popular and durable Constitution based on the principles of unity, harmony, equality, democracy, justice and progress;

EXERCISING our sovereign and inalienable right to determine the form of governance we need and having fully participated in the Constitution-making process;

DO HEREBY adopt, enact and give to ourselves and our posterity, this Constitution of the Makerere Law Society, this………….. day of…………., in the year 2010.

WE BUILD FOR THE FUTURE.


Chapter One
The Constitution.

1. Sovereignty of members.
(1) All power belongs to the members of the Society who shall exercise their sovereignty in accordance with this Constitution.

(2) All power and authority of Government and its organs, committees derive from this Constitution, which in turn derives its authority from the members of the Society who consent to be governed in accordance with this Constitution.

(3) The members shall express their will and consent on who shall govern them and how they should be governed, through regular, free and fair elections of their representatives.

2. Supremacy of the Constitution.
(1) Subject to relevant national laws and applicable University regulations, this Constitution is the supreme law of Makerere Law Society, having binding force on all persons stated in article 5(2) of this Constitution.

(2) If any other law or practice is inconsistent with any provisions of this Constitution, the Constitution shall prevail, and that other law or practice shall, to the extent of the inconsistency, be void.

(3) All power and authority given by this Constitution shall, as far as possible, be exercised in a reasonable and democratic manner.


Chapter Two
The Society.

3. Makerere Law Society.
(1) There is established a body known as Makerere Law Society, hereinafter referred to as “the Society.”

(2) The Society shall be nonpartisan and nondiscriminatory.

(3) The President shall take precedence over all persons in Makerere Law Society, and in descending order, the Vice President, the Speaker and the Chairperson shall take precedence over all other persons in the Society.

4. Duties of the Society.
The Society shall promote and foster members’ academic and co-curricular welfare through ad hoc programmes and activities.

5. Membership.
(1) The Society’s membership shall comprise of the categories of persons as determined by this Constitution.

(2) The following shall be members of the Society––
(a) full members, who shall be current students;
(b) associate members, who shall be lectures and former students;
(c) honorary members, being any persons duly elected by full members at a general assembly meeting.

6. Rights and duties of members.
(1) Subject to the provisions of this Constitution, members shall have and exercise the following rights and duties––
(a) full members shall:
(i) fully and reasonably participate in all proceedings in which their attendance is permitted;
(ii) nominate or be nominated, elect or be elected, to any office of the Government.
(b) associate and honorary members may reasonably participate in all proceedings where their attendance is permitted.

(2) Where at any one time, during the procession of the General Assembly meeting, full members feel that the outcome of the meeting may be prejudiced by the presence of associate and/or honorary members, they may by a simple majority vote, request the latter to leave the meeting for any given period of time and the latter shall be obliged to leave.

(3) It shall be the duty of all members to acquaint themselves with and abide by the provisions of this Constitution.


Chapter Three
Representation of the members.

7. Right to vote.

(1) Every full member of the Society has a right to vote.

(2) For avoidance of doubt, non-full members shall not have any right to vote on any matter whatsoever.

8. Electoral Commission.
(1) There shall be an Electoral Commission which shall consist of a chairperson, a deputy chairperson and three other commissioners appointed by the Speaker with the approval of the Cabinet.

(2) Members of the Commission shall be appointed within the first fourteen days of the second semester from among full members of the Society, and being persons of demonstrated moral character and integrity.

(3) The members of the Commission shall hold office for one term and their appointment may only be renewed after lapse of one academic year.

(4) For purposes of clause (3) above, the word “term” means the duration of time covered by the electoral process during which new office bearers are elected into office and includes the period for determination of electoral petitions.

(5) In any case, the mandate of the Commission shall not exceed the semester during which the elections are held.

(6) Members of the Executive and Council of Representatives shall not be eligible for appointment to the commission.

(7) If a member of the Commission is absent, the Speaker shall, with the approval of the Cabinet, appoint a person qualified in terms of this article to act in his or her place until that person is able again to resume his or her duties or, as the case may be, until a new person is appointed to fill the vacancy.

(8) A member of the Commission may be removed from office by the Speaker only for—
(a) inability to perform the functions of his or her office arising out of physical or mental incapacity;
(b) misbehaviour or misconduct; or
(c) incompetence.

(9) A member of the Commission shall not be eligible to contest for any office of the Government during the life of the Commission.

9. Functions of the Electoral Commission.
(1) The Electoral Commission shall have the following functions—
(a) to ensure that free and fair elections are held by secret ballot;
(b) to ensure that candidates’ names are arranged alphabetically;
(c) to organize, conduct and supervise elections of the Executive;
(d) to ascertain, publish and declare in writing the results of the elections;
(e) to procure an updated list of all students from the administration to act as the voters register;
(f) to hear and determine election complaints arising before and during polling; and
(g) to perform such other functions as may be incidental to the conduct of elections.

(2) The Commission may issue guidelines to be complied with by every candidate while conducting his or her campaign for the election.

(3) There shall be a reasonable nonrefundable nomination fee payable by all intending candidates to the Commission and determined by the same, subject to the approval and veto of the Council of Representatives.

(4) Where the Council of Representatives vetoes a fee determined by the Commission, it shall fix its own amount and the Commission shall give effect to the decision of the Council.

10. Independence of the Commission.
Subject to the provisions of this Constitution, the Commission shall be independent and shall, in the performance of its functions, not be subject to the direction or control of any person or authority.

11. Appeals from decisions of the Commission.
(1) Any person aggrieved by a decision of the Electoral Commission in respect of any of the complaints referred to in article 9(1) (f) of this Constitution may appeal to the Council of Representatives and the Council shall proceed to hear and determine the appeal as soon as possible and shall, for that purpose, suspend any other matter pending before it.

(2) A decision of the Council of Representatives on an appeal under clause (1) of this article shall be final.

12. Expenses of the Commission.
(1) The Commission shall expend on its activities, money obtained from the administration and nomination fees provided for under article 9(3) of this Constitution.

(2) The Chairperson and deputy chairperson shall receive the money envisaged in clause (1) of this article.

13. Declaration of results and reports by the Commission.
(1) The Commission shall, after the election, ascertain and declare, on the polling day, the results of the election and publish them on the notice boards within one day.

(2) The Commission shall, within three days after an election, produce a detailed report on the conduct of the election, to be submitted to the Council of Representatives, showing accountability of the funds collected and used, copies of which shall be served on the Dean and Speaker.

(3) For the purposes of a report under clause (2), every candidate at an election and every official agent of any candidate has the right to send to the Council a statement in writing containing any complaint that he or she may wish to make with respect to the conduct of the election or of any election officer and any suggestions with respect to such changes or improvements in the law or in the administration arrangements as he or she may consider desirable.

(4) The Council shall compile a report thereafter for presentation to the Dean, within five days, a copy of which shall be served on the Speaker, stating its opinion and recommendations for action.

14. Election petitions.
(1) Election petitions shall be filed in the Council of Representatives within two days after the day on which the result of the election is published by the Commission on the notice boards.

(2) An election petition may be filed by a candidate who loses an election.

(3) The election of a candidate shall only be set aside on any of the following grounds if proved to the satisfaction of the Council—
(a) non-compliance with the provisions of this Constitution;
(b) that a person other than the one elected won the election;
(c) that a malpractice under this Constitution was committed in connection with the election by the candidate personally or with his or her knowledge and consent or approval; or
(d) that the candidate was at the time of his or her election not qualified or was disqualified for election.

(4) The Council shall hear and determine the matter expeditiously and deliver judgment in writing within five days from the date of presentation of the petition.

(5) After due inquiry the Council may—
(a) dismiss the petition; or
(b) declare that a candidate other than the candidate declared elected was validly elected; or
(c) set aside the election and order a new election.

(6) The Council, before coming to a decision under clause (5), may order a recount of the votes cast.

(7) Where an election is set aside, a fresh election shall be held in accordance with the provisions of this Constitution.

(8) Any ground specified in clause (3) of this Article shall be proved on the basis of a balance of probabilities.

15. By-elections.
(1) Whenever an office becomes vacant—
(a) before the expiration of the Commission’s term, it shall organize fresh elections; or
(b) after the expiration of the Commission’s term, the Council shall vote in new office bearers.

(2) For a by-election under clause (1) (b), the Speaker shall declare the vacant posts within two days after the vacancy has occurred and invite interested candidates to apply to the Council within two days from the date of the Speaker’s declaration.

(3) The Council shall vote within three days by secret ballot from the date of closure of applications, in exclusion of the Chairperson who shall be the returning officer.

(4) A candidate who is dissatisfied with the conduct and/or results of the by-election under clause (1) (b) of this article may petition a committee comprised of the President, Vice President, Academic Affairs Secretary, Finance Secretary and the Health and Sports Secretary within two days.

(5) The committee shall hear and determine the petition within three days from the date of receipt of the petition and may after due inquiry––
(a) dismiss the petition; or
(b) declare that a candidate other than the candidate declared elected was validly elected; or
(c) set aside the election and order a new election.

(6) Where an election is set aside, a fresh election shall be held by the Council within two days from the date of judgment.


Chapter Four
The Government.

16. The Makerere Law Society Government.

(1) There shall be a Makerere Law Society Government divided into three organs––
(a) the General Assembly
(b) the Executive
(c) the Council of Representatives

(2) The Government shall be a voluntary, non-partisan and not-for-profit body with perpetual succession.

(3) A Government officer, other than a Class Representative, shall be removed from his or her office upon petition to the Dean, signed by at least two hundred full members, who shall append their registration and student numbers thereon.

(4) The Dean shall ascertain the accuracy and consistency of the signatories to the petition and if he or she is convinced of their authenticity, he or she shall declare the concerned office to be vacant.

(5) For purposes of clause (3) above, at least twenty five signatories shall be drawn from each class.

(6) The Government shall promote the democratic governance of the Society and serve as a bridge between the academic staff and the student body.

(7) A candidate aspiring for an office in the Government shall not distribute money and/or non-academic materials commonly referred to as “logistics” in order to mobilize support of the electorate.

(8) Any candidate who violates the enactment in clause (7) above shall be disqualified from election by the presiding authority.

(9) A person who is proved to have indulged in any electoral malpractice in contravention of any provision of this Constitution shall not be allowed to contest for any office for at least one year.

(10) Where the Council or any other committee established under this Constitution is proceeding in a quasi-judicial manner, it shall do so publicly and neither professional representation shall be permitted nor costs awarded.

The General Assembly

17. The General Assembly.
(1) There shall be an organ of Government known as the General Assembly, comprising of persons stated in article 5 of this Constitution.

(2) The General Assembly shall be the supreme legislative and policy making organ of the Government.

18. Meetings of the General Assembly.
(1) The Speaker shall call and preside over all meetings of the Assembly as and when need arises provided that at least two days notice is given.

(2) Voting in the General Assembly shall be by show of hands except that nothing in this Constitution shall preclude the society from taking advantage of better technological methods easily available.

19. Quorum.
(1) The General Assembly shall be considered to be duly constituted with at least two hundred full members in attendance.

(2) The Speaker shall ascertain or cause to be ascertained, by counting, the number of members present and declare whether the quorum is attained or not.

The Executive

20. The Executive.
(1) There shall be an organ of Government known as the Executive, consisting of the Cabinet and Speaker.

(2) A person is not qualified for election as a member of the Executive if that person is––
(a) a Class Representative; or
(b) in his or her final year of study; or
(c) is not on normal progress.

(3) Where inability to be on normal progress is a result of lost and/or missing results, then upon sufficient inquiry and proof, the candidate may be deemed to be on normal progress.

(4) Members of the Executive shall be elected by secret ballot during the first twenty eight days of the second semester of each academic year.

(5) An Executive member shall have responsibility for such functions of Government as may be determined by this Constitution.

(6) A member of the Executive shall, before assuming the duties of office take and subscribe to the oath of allegiance and the oath of office specified in the First Schedule to this Constitution.

The Cabinet

21. The Cabinet.
(1) There shall be a Cabinet consisting of the President, the Vice President and six Secretaries.

(2) Subject to the provisions of article 14(2), the functions of the Cabinet shall be to determine, formulate and implement the policy of the Government and to perform such other functions as may be conferred by this Constitution.

22. Meetings of the Cabinet.
(1) Cabinet meetings shall be summoned and presided over by the President and in his or her absence, by the Vice President.

(2) The Cabinet shall regulate the procedure of its meetings.

(3) The President shall be responsible for arranging or causing to be arranged the business for the Cabinet and for conveying or causing to be conveyed the decisions of the Cabinet to the appropriate person or authority.

(4) The quorum of the Cabinet meetings shall be five members.

23. Cabinet members.
(1) All members of the Cabinet shall be elected by secret ballot.

(2) A Cabinet member shall have responsibility for such functions of Government as may be determined by this Constitution.

24. Vacation of office.
The office of a Cabinet member shall become vacant if the holder—
(a) resigns;
(b) is discontinued or suspended from studies;
(c) dies; or
(d) is terminated in any other manner stipulated in this Constitution.

25. Responsibility of members.
(1) Cabinet members shall individually be accountable for the administration of their offices and collectively be responsible for any decision made by the Cabinet to the electorate and other relevant authorities.

(2) A Cabinet member who does not wish to be collectively responsible for any Cabinet decision shall ordinarily resign his or her office.

26. Vote of censure.
(1) The Council of Representatives may, by resolution supported by at least four members of the Council, pass a vote of censure against a Cabinet member on any of the following grounds—
(a) abuse of office or willful violation of the oath of allegiance or oath of office;
(b) misconduct or misbehaviour;
(c) physical or mental incapacity, namely, that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity;
(d) mismanagement; or
(e) incompetence.

(2) Upon a vote of censure being passed against a Cabinet member, the seat shall immediately become vacant.

(3) Proceedings for censure of a Cabinet member shall be initiated by a petition to the Chairperson of the Council, a copy of which shall be served on the Speaker, setting out particulars of the grounds in support of it, signed by not less than one hundred full members of the Society, giving notice that they are dissatisfied with the conduct or performance of the member.

(4) The Chairperson shall, upon receipt of the petition, present it before the Council within two days and also cause a copy of it to be given to the member in question within the same period.

(5) The petition shall be debated and determined by the Council within five days from the date of presentation.

(6) A member in respect of whom a vote of censure is debated under clause (6) of this article is entitled during the debate to be heard in his or her defence.

(7) Members of the Executive or the Council of Representatives shall not be party to the process of censure, except as may be expressly provided by this Constitution.

27. Cabinet Offices.
(1) The Cabinet shall be composed of the following offices––
(a) President;
(b) Vice President;
(c) Academic Affairs Secretary;
(d) Finance Secretary;
(e) Health and Sports Secretary;
(f) Deputy Academic Affairs Secretary;
(g) Deputy Finance Secretary; and
(h) Deputy Health and Sports Secretary.

28. Functions of the Cabinet officers.
(1) President
The functions of the President shall be––
(a) to be the executive head of the Society and Cabinet and in that capacity, have power to call, preside over and conduct all Cabinet meetings;
(b) to represent students in all administration meetings where student representatives are permitted;
(c) make emergency Cabinet decisions in consultation with at least two members; provided that his or her decision shall be subject to any necessary rectification by the Cabinet; and
(d) to exclusively call and preside over emergency meetings of the General Assembly at one day notice of the Speaker, Chairperson of the Council of Representatives and all students; provided that only the subject matter of emergency shall be discussed.

(2) Vice President
The functions of the Vice President shall be––
(a) to deputize for the President as and when the need arises; and
(b) to perform such other functions as may be delegated or assigned to him or her by the President.

(3) Academic Affairs Secretary
The functions of the Academic Affairs Secretary shall be––
(a) to promote the academic welfare of the Society by––
(i) formulating ad hoc programmes and activities;
(ii) acquiring scholastic materials;
(iii) ensuring the smooth operation of the book bank and computer laboratory.
(b) to organize all the Society’s functions of an academic nature;
(c) to officially speak for the Government and harness the Society’s cordial relations with members of the general public; and
(d) to perform such other functions as may be delegated or assigned to him or her by the President.

(4) Finance Secretary
The functions of the Finance Secretary shall be––
(a) to cater for the financial interests of the Society by––
(i) devising sources of revenue;
(ii) collecting and receiving all funds; and
(iii) disseminating money as directed by Cabinet.
(b) to account for all revenues received and expenditures incurred as may be provided by this Constitution; and
(c) to perform such other functions as may be delegated or assigned to him or her by the President.

(5) Health and Sports Secretary
The functions of the Health and Sports Secretary shall be––
(a) to promote the social wellbeing of the Society by––
(i) ensuring that the faculty is kept tidy, including the canteens;
(ii) initiating and organizing co-curricular activities;
(iii) lobbying the administration or any other source to provide relevant materials and equipment; and
(b) to perform such other functions as may be delegated or assigned to him or her by the President.

(6) The Deputy Secretaries shall deputize for their respective substantive Secretaries as and when the need arises and perform such other functions as may be delegated or assigned to them by the President.

(7) Cabinet members shall also perform any other functions incidental to those specified in this Constitution.

(8) The President shall exclusively have power to suspend from duty any Cabinet member for indiscipline and/or poor performance for a period not exceeding fourteen days and he or she shall notify the Speaker and Chairperson of the Council of Representatives accordingly.

(9) Any Cabinet member affected by the exercise of the above powers shall be entitled to challenge it before the Council of Representatives within two days from the date of suspension and the Council shall hear and determine the matter within three days from the date it was presented.

(10) The interpretation of “days” in article 52 of this Constitution shall not apply in respect of clause (8) of this article.

(11) The President may designate student representatives from among members of the Cabinet to attend meetings of any faculty boards or committees where student representation is permitted having regard to their respective functions.

29. Resignation of Cabinet members.
(1) A Cabinet member may resign from office by tendering his or her resignation to the President after seven days, copies of which shall be served on the Speaker and Chairperson.

(2) The President may delegate that member’s functions to any other remaining member of the Cabinet until a by-election is held in accordance with this Constitution.

(3) Where four or more members resign consecutively in one month, the President shall tender in a collective resignation of the Cabinet to the Speaker within three days from the date of the latest resignation, a copy of which shall be served on the Chairperson of the Council.

(4) The President may resign from office by tendering his resignation to the Speaker after seven days, copies of which shall be served on the Vice President and Chairperson of the Council.

(5) Where the President resigns, the Vice President shall act in that capacity until a by-election is held in accordance with this Constitution.

(6) Where both the President and Vice President resign, the Speaker and Deputy Speaker shall perform their respective functions and take over the administration of the Cabinet until by-elections are held in accordance with this Constitution.

(7) A member who intends to resign from office may rescind his or her resignation in writing any time before the lapse of the seven days, following the same procedure specified in relevant clauses of this article, except that this will not apply to collective resignation under clause (3) of this article.

The Office of Speaker

30. Speaker and Deputy Speaker.
There shall be a Speaker and Deputy Speaker of the Government.

31. Functions of the Speaker.
(1) The Speaker shall perform the following functions––
(a) issue advisory opinions in respect of and protect this Constitution;
(b) call and preside over General Assembly meetings;
(c) preside at elections of Class Representatives.
(d) preside at elections of the Chairperson of the Council of Representatives; and
(e) execute any other functions as may be stipulated in this Constitution.

(2) The Deputy Speaker shall deputize for the Speaker as and when the need arises and perform such other functions as may be delegated or assigned to him or her by the Speaker.

(3) Where any question as to the interpretation of this Constitution arises, other than from proceedings before the Council, it shall be referred to the Speaker who shall give his or her advisory opinion; provided that the Speaker shall be bound by any existing interpretation of the Council in its course of resolving disputes.

(4) The Speaker’s advisory opinion may be challenged before a panel of three members of the Council of Representatives appointed by the Chairperson, which shall hear and determine it expeditiously, provided that no more than one panelist may be selected from the same academic year.

(5) An appeal against the decision of the panel may be made before another panel of five members appointed by the Chairperson, whose decision shall be final.

(6) The Speaker or Deputy Speaker shall vacate his or her office—
(a) if he or she resigns his or her office by writing signed by him or her addressed to the Chairperson of the Council of Representatives, a copy of which shall be served on the President;
(b) if he or she is discontinued or suspended from studies;
(c) if he or she is removed by resolution of the Council of Representatives supported by at least four members; or
(d) if he or she dies.

(7) A Speaker or Deputy Speaker in respect of whom the Council proceeds against under clause (2) (c) of this article is entitled to be heard in his or her defence.

The Council of Representatives

32. Council of Representatives.
(1) There shall be an organ of Government known as the Council of Representatives, composed of Substantive Class Representatives.

(2) The functions of the Council shall be––
(a) to hear and determine disputes in the Government;
(b) to advise the students, Government and academic staff on welfare matters; and
(c) to perform such other functions as may be conferred by this Constitution.

33. Class Representatives.
(1) There shall be a Substantive Class Representative and Deputy Class Representative for each and every class.

(2) The Deputy Class Representative shall deputize for the Substantive Class Representative as and when the need arises and perform such other functions as may be delegated or assigned to him or her by the Substantive Class Representative or as stipulated in this Constitution.

(3) For avoidance of doubt, day and evening are separate and distinct classes for each year of study.

34. Functions of Class Representatives.
(1) The functions of Class Representatives shall be the following––
(a) to bridge the gap between students, Government and the academic staff;
(b) to cooperate with the Academic Affairs Secretary in acquiring scholastic materials;
(c) to perform such other functions as the Chairperson may delegate or assign to him or her; and
(d) to execute any other functions as may be stipulated in this Constitution.

(2) Class Representatives shall individually be accountable for the administration of their offices and collectively be responsible for any decision made by the Council to the electorate and other relevant authorities.

(3) A Class Representative who does not wish to be collectively responsible for any decision made by the Council shall ordinarily resign his or her office.

35. Election of Class Representatives.
(1) Class Representatives shall be elected by students in the respective classes by show of hands.

(2) The Speaker shall preside at the election of Class Representatives within the first fourteen days of the first semester of each academic year and thereafter publish a list of the winners on the faculty notice boards within two days from the date of conclusion of elections.

(3) A person shall not be eligible to run for election as a Class Representative if he or she is not on normal progress.

(4) Where inability to be on normal progress is a result of lost and/or missing results, then upon sufficient inquiry and proof, the candidate may be deemed to be on normal progress.

(5) There shall be a reasonable nonrefundable nomination fee payable by all intending candidates to the Makerere Law Society Account, which shall be equal to the previous nomination fee paid by aspirants of the Executive as stipulated in this Constitution.

(6) A Class Representative shall, before assuming the duties of office take and subscribe to the oath of allegiance and the oath of office specified in the First Schedule to this Constitution.

36. Election petitions.
(1) A candidate dissatisfied by the conduct and results of the election, may petition a committee consisting of the Vice President, Academic Affairs Secretary and Deputy Academic Affairs Secretary, within two days from the date of publication, who shall expeditiously determine the merits of the petition within three days, delivering judgment in writing.

(2) The election of a candidate shall only be set aside on any of the following grounds if proved to the satisfaction of the committee—
(a) non-compliance with the provisions of this Constitution;
(b) that a person other than the one elected won the election;
(c) that a malpractice under this Constitution was committed in connection with the election by the candidate personally or with his or her knowledge and consent or approval; or
(d) that the candidate was at the time of his or her election not qualified or was disqualified for election.

(3) After due inquiry the committee may—
(a) dismiss the petition; or
(b) declare that a candidate other than the candidate declared elected was validly elected; or
(c) set aside the election and order a new election.

(4) Any ground specified in clause (2) of this Article shall be proved on the basis of a balance of probabilities.

(5) In the event that a fresh election is ordered, the Speaker shall conduct it within two days.

37. Vacation of office.
(1) A Class Representative shall vacate his or her office—
(a) if he or she resigns his or her office by writing signed by him or her addressed to the Speaker, copies of which shall be served on the Chairperson and President;
(b) if he or she is discontinued or suspended from studies;
(c) if he or she is removed by resolution of at least half of the students in his or her class; or
(d) if he or she dies.

38. Chairperson and Deputy Chairperson of the Council.
(1) There shall be a Chairperson and Deputy Chairperson of the Council of Representatives.

(2) The Chairperson and Deputy Chairperson shall be elected by members of the Council from among their number within three days after conclusion of the election of Class Representatives, and the disposal of any petitions.

(3) No business shall be transacted in the Council other than an election to the office of Chairperson at any time that office is vacant.

(4) The Speaker shall preside at an election of a Chairperson, and the Chairperson shall preside at an election of the Deputy Chairperson.

(5) An election to the office of Deputy Chairperson shall be held at the first sitting of the Council after that office becomes vacant.

(6) The Chairperson or Deputy Chairperson shall vacate his or her office—
(a) if he or she resigns his or her office by writing signed by him or her addressed to the Speaker, a copy of which shall be copied to the President;
(b) if he or she ceases to be a Class Representative; or
(c) if he or she is removed by resolution of the Council supported by at least four members of the Council.

(7) The Chairperson and Deputy Chairperson shall each, before assuming the duties of office, take and subscribe to the oath of allegiance and the oath of office specified in the First Schedule to this Constitution.

39. Sessions of the Council.
(1) Council sessions shall be summoned and presided over by the Chairperson and in his or her absence, by the Deputy Chairperson.

(2) The Council shall regulate the procedure of its sessions.

(3) The Chairperson shall be responsible for arranging or causing to be arranged the business for the Council and for conveying or causing to be conveyed the decisions of the Council to the appropriate person or authority.

(4) Except as otherwise prescribed by this Constitution, questions proposed for decision of the Council shall be determined by a majority of votes of the members present, voting by show of hands.

(5) The person presiding in the Council shall have neither an original nor a casting vote and if on any question before the Council the votes are equally divided, the motion shall be lost.

(6) No member in attendance may abstain from voting on a matter before the Council.

(7) The quorum of the Council shall be six members.


Chapter Five
Finance.

40. Makerere Law Society Account.
(1) There shall be a Makerere Law Society Account into which shall be paid all monies raised or received for the purpose of, or on behalf of, or in trust for the Government.

(2) No monies shall be withdrawn from the account except to meet expenditure charged on it by this Constitution.

(3) No monies shall be withdrawn from the account unless the withdrawal has been approved by the Council of Representatives.

(4) The Finance Secretary shall prepare and lay before the Council after every function, but in any case not later than the fourth day after the function, accountability of monies received by and expenditure of Government pertinent to the function, a copy of which shall be served on the Speaker.

(5) The line Secretary under whose office any function takes place shall submit to the Speaker and Finance Secretary within two days, an accountability of monies received for and spent on the function.

(6) The accounts prepared under clause (5) of this article shall be laid before the Council by the Finance Secretary under clause (4) of this article without revision but with any recommendations that he or she may have on them.

(7) The Speaker and Finance Secretary shall be signatories to the Makerere Law Society Account.

(8) The President shall cause to be opened an account or accounts in the banks offering banking services within the University, provided that no more than one account may be opened in a single bank.


Chapter Six
Amendment of the Constitution.

41. Amendment of the Constitution.

(1) Subject to the provisions of this Constitution, the General Assembly and Council of Representatives may amend by way of addition, variation or repeal, any provision of this Constitution in accordance with the procedure laid down in this Chapter.

(2) This Constitution shall not be amended except by a resolution of the Council—
(a) the sole purpose of which is to amend this Constitution; and
(b) the resolution has been passed in accordance with this Chapter.

42. Amendments by the General Assembly.
(1) A resolution of the Council seeking to amend any of the provisions specified in clause (2) of this article shall not be taken as passed unless—
(a) it is supported at the second and third readings in the Council by not less than four members; and
(b) it has been referred to a decision of the General Assembly and approved by it.

(2) The provisions referred to in clause (1) of this article are—
(a) this article;
(b) Chapter One—articles l and 2;
(c) Chapter Three—article 7;
(d) Chapter Four—article 16(3), (7); and
(e) Chapter Five—article 41(1).

43. Amendments by the Council of Representatives.
(1) A resolution of the Council to amend any provision of the Constitution, other than those referred to in article 42(2) of this Constitution, shall not be taken as passed unless it is supported at the second and third readings by the votes of not less than four members of the Council.

(2) The first reading shall be the presentation of a motion by a member of the Council proposing to amend specified parts of the Constitution and at this stage no further business regarding the proposed amendment shall be conducted until the third day of sitting of the Council.

(3) The second and third readings shall be conducted by the Chairperson, on which occasions members of the Council shall vote on the motion.

(4) The votes on the second and third readings referred to in articles 40 and 41 of this Constitution shall be separated by at least seven days.

(5) The proceedings of the Council under this article shall be open for everyone to witness.


Chapter Seven
Transitional Provisions.

44. Transitional Government.
(1) Notwithstanding anything in this Constitution, the Government existing immediately before the coming into force of this Constitution, in this Chapter referred to as “the current Government” shall—
(a) continue in office until a new government is elected in accordance with this Constitution;
(b) as far as possible, exercise its functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this Constitution.

(2) The appropriate organs of the current Government shall take such measures that are necessary or practical to give effect to the provisions of this Constitution.

45. Existing offices.
(1) Subject to the provisions of this article, every person who immediately before the coming into force of this Constitution held or was acting in any office established by or by virtue of the Constitution then in force, so far as is consistent with the provisions of this Constitution, shall be taken to have been appointed as from the coming into force of this Constitution, to hold or to act in the equivalent office under this Constitution.

(2) The provisions of this article shall not prejudice any powers conferred by or under this Constitution or any other law on any person or authority to make provision for the abolition of office, or for the removal from office of persons holding or acting in any office.

(3) For the avoidance of doubt, it is declared that any office established before the coming into force of this Constitution which is inconsistent with any provision of this Constitution is, on the coming into force of this Constitution, abolished.

46. Existing law and/or practice.
(1) Subject to the provisions of this article, the operation of the existing law and/or practice after the coming into force of this Constitution shall not be affected by the coming into force of this Constitution but the existing law and/or practice shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution.

(2) For the purposes of this article, the expression “existing law and/or practice” means the written and unwritten law and/or practice of Makerere Law Society or any part of it as existed immediately before the coming into force of this Constitution.

(3) The first President elected under this Constitution may, after assuming office as President, by declaration, make such provision as may appear necessary for repealing, modifying, adding to or adapting any law and/or practice for bringing it into conformity with this Constitution or otherwise for giving effect to this Constitution.

47. Existing commissions and committees of inquiry.
Notwithstanding anything in this Constitution to the contrary, any commission or committee of inquiry in existence immediately before the coming into force of this Constitution may continue in existence until the submission of its report unless otherwise dissolved in accordance with the law of the Society.

48. Oaths deemed to have been taken.
Notwithstanding any provision of this Constitution, any person who immediately before the coming into force of this Constitution held or was acting in any office established under or by virtue of the Constitution then in force and who holds or is acting in an equivalent office under this Constitution shall be deemed to have taken and subscribed to any necessary oath under this Constitution, in accordance with this Constitution.

49. Pending matters.
(1) Where any matter or thing has been commenced before the coming into force of this Constitution by any person or authority having power to do so under the existing law and/or practice, that matter or thing may be carried on and completed by the person or authority having power to do so on or after the coming into force of this Constitution and, unless the President in any case otherwise directs, it shall not be necessary for that person or authority to commence that matter or thing afresh.

(2) This article shall have effect subject to the provisions of this Constitution.

50. Devolution of rights and liabilities.
(1) Any right, prerogative, privilege or function which under the existing law and/or practice vested in the President shall vest in the President or other person or authority as is specified under this Constitution.

(2) Any right, privilege, obligation, liability, or function vested in or subsisting against the Government by or under an existing law and/or practice shall continue to so vest or subsist.

51. Repeal of 2003 Constitution.
(1) Subject to article 44 of this Constitution, The Constitution Of The Makerere Law Society, 2003 and all amendments thereto, shall, upon the coming into force of this Constitution, stand repealed.

(2) For the avoidance of doubt, the enactment repealed by clause (1) of this article, shall, notwithstanding the repeal, continue in force for the purposes only of the exercise by the current Government of its functions under article 44 of this Constitution.


Chapter Eight
Interpretation of terms used.

52Interpretation

In this Constitution, unless the context otherwise requires, the following expressions shall carry the following meanings:-
“account” means the Makerere Law Society Account.
“administration” means the School of Law administration.
“assembly” means the General Assembly.
“Chairperson” means the Chairperson of the Council of Representatives.
“Constitution” means this Constitution.
“council” means the Council of Representatives.
“days” means official working days.
“Dean” means the dean of the faculty of law.
“Government” means the Makerere Law Society Government.
“Society” means the Makerere Law Society.
“University” means Makerere University.
“year” means academic year.


––––––––––––––––––



SCHEDULES

First Schedule.
articles 20(6), 35(6) and 38(7).

Oaths.

Oath of Allegiance.

I, _______________________________________, swear in the name of the Almighty God/solemnly affirm that I will be faithful and bear true allegiance to the Makerere Law Society and that I will preserve, protect and defend the Constitution. [So help me God.]


Oath of Office.

I, _________________________________________, swear in the name of the Almighty God/solemnly affirm that I will well and truly exercise the functions entrusted to me as_________________________________________ and will do right to all manner of people in accordance with the Constitution of the Makerere Law Society as by law established and in accordance with the usage of the Makerere Law Society without fear or favour, affection or ill will. [So help me God].