JCRC CONSTITUTION
THE CONSTITUTION OF OGUAA HALL JUNIOR COMMON ROOMCOMMITTEE (JCRC).
PREAMBLE
In the name of the ALMIGHTY GOD, we the members of Oguaa Hall JCRC, The Premier Hall of University of Cape Coast;
IN EXERCISING our natural and inalienable right to establish a framework of good governance, and secure for ourselves and for posterity the blessing of Liberty, Equality,
IN THE SPIRIT of unity, friendship and peace among all members of the Hall; and with all students of the University of Cape Coast, and other sister Universities;
AND IN SOLEMN declaration and affirmation of our sincere commitment to the Principles of probity, accountability, transparency, justice, rule of law and respect for Fundamental Human Rights of members of our Hall.
DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
CHAPTER ONE
THE CONSTITUTION
ARTICLE 1: THE NAME
1. This Constitution shall be known as and called the OGUAA HALL JUNIOR COMMON ROOM COMMITTEECONSTITUTION.
2. The name of the body which this Constitution shall govern shall be OGUAA Hall (Junior Common Room Committee) hereafter referred to as the “JCRC”
ARTICLE 2: SUPREMACY
1. The sovereignty of Oguaa Hall resides in its members in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.
2. This Constitution shall be the supreme law of Oguaa Hall and any other law found to be inconsistent with any provision of this Constitution shall to the extent of the inconsistency be null and void.
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3. Notwithstanding Article 2 clause (2), this Constitution shall be subject to the laws, statutes and regulations of the Hall Council, Student Representative Council (SRC), the University of Cape Coast and of Ghana.
ARTICLE 3: ENFORCEMENT
1. A person who alleges that an enactment, or any act or omission of any other person is inconsistent with or is in contravention of a provision of this Constitution, may bring an action, as of right before the Judicial Council of the JCRC, for a declaration to that effect.
2. The Judicial Council shall, for the purposes of a declaration under clause (1) of this Article, make such order and give such direction as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made.
3. The order or direction given by the Judicial Council under clause (2) of this Article shall be duly obeyed and carried out by the person or group of persons to whom it is addressed.
4. Failure to obey or carry out the terms of an order or direction given under clause (2) of this Article shall constitute a high crime punishable as:
a. In the case of an Executive officer(s) by removal from office
b. In the case of any member or members of the Hall, by the members being declared ineligible for election or appointment to any office in the Hall for a period of Two (2) years beginning from the day of such declaration.
ARTICLE 4: DEFENCE
1. Any activity of a person or group of persons which suppresses or seeks to suppress this Constitution shall be considered generally unlawful.
2. Any person who
a. by himself or in concert with others sets aside or abrogates this Constitution or any part of it, or attempts to do any such act or
b. aids and/or abets in any manner any person referred to in sub-clause (a) above, shall be considered as having committed the offence of high treason and shall upon conviction by the Judicial Council of the Hall shall be subjected to/ face disciplinary action.
3. All members of the Hall shall have the right and/or duty at all times:
a. to defend this Constitution and, in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause (2) of this Article and
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b. To do all things in their power in respective consultation with the Hall Council, the Student Representative Council (SRC), the University Council and to the extremes the law court to restore the Constitution.
ARTICLE 5: TERRITORY
Oguaa Hall shall comprise those buildings, structures, premises and adjourning lands on the campus of the University, designated and recognized as Oguaa Hall or part thereof of the University.
CHAPTER TWO
MEMBERSHIP AND OBJECTIVES OF JCRC
ARTICLE 6: MEMBERSHIP
1. All students admitted to the University of Cape Coast to pursue a program of study and assigned to the Hall for the purpose of affiliation shall be members automatically.
2. Any person who transfers from their Hall of affiliation to Oguaa Hall with the consent of the Hall Council shall be deemed a member.
3. The Hall Council shall accord Honorary Membership of the Hall to any alumnus of the Hall, and any person the council shall deem fit for the status.
4. Membership of the Hall ceases as soon as a member officially becomes a member of another Hall on the University Campus.
ARTICLE 7: RIGHTS AND OBLIGATIONS OF MEMBERS
1. All members shall have the right to use all available JCRC facilities
2. Members shall have the right to vote and be voted for to any office of the Hall they are qualified to occupy.
3. Members shall have the right to participate in all general activities of the JCRC. 4. All members shall have the right to authentic information on finances, projects, programmes and other activities pertaining to the Hall.
ALL JCRC MEMBERS SHALL BE OBLIGED TO AMONG OTHERS
5. Uphold and defend the Constitution of the JCRC.
6. Cooperate with the Hall Authorities and Executives of the JCRC.
7. Respect and obey all regulations of the Hall or the JCRC.
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8. Protect, respect and safeguard the security and rights of other members of the Hall. 9. Protect and safeguard the Hall and its environs and property.
10. Refrain from all acts and/or practices which are detrimental and would bring the name of the Hall into disrepute.
11. Fulfill all financial obligations to the Hall and /or the JCRC.
ARTICLE 8: OBJECTIVES
The objectives of the JCRC shall include:
1. To plan, organize and coordinate all the socio-cultural and intellectual activities of the members of the JCRC.
2. To seek to protect the right and welfare of its members
3. To present the views of the JCRC through the appropriate channels to the appropriate authorities of the University to help them assess correctly and deal with the needs and problems of the JCRC.
4. To establish links and maintain cordial relationship with students of other Halls of the University of Cape Coast and other Universities, Alumni, Educational and Voluntary Institutions within Ghana and other countries.
5. To organize lectures, symposia, debates, publications and such other activities as are necessary to fulfill this genial aims and objectives.
6. To fix in each academic year, a date at a Hall forum in consultation with the Hall Council for the celebration of the Hall Week.
7. To prepare a comprehensive Annual Report and Recommendation for the guidance of the next government.
CHAPTER THREE
THE EXECUTIVE
ARTICLE 9: JUNIOR COMMON ROOM COMMITTEE (JCRC)
1. The Junior Common Room shall be governed by elected/appointed officers to be known and called as the Junior Common Room Committee, hereinafter referred to as the JCRC. 2. The JCRC shall comprise;
a. President
b. Vice President
c. Secretary
d. Treasurer
e. Welfare Sub-Committee Chairperson
f. Entertainment Sub-Committee Chairperson
g. Library Sub-Committee Chairperson
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h. Two SRC Representatives
i. Health Chairperson
j. Sports chairperson
k. Projects Coordinator.
3. The JCRC Executive Committee shall take decisions for and on behalf of the JCRC as far as it is not inconsistent with this Constitution, and such decisions shall be binding on all members of the JCRC.
4. Any such decision taken in clause 3 above, shall however be communicated to the JCRC within forty-eighty hours of deliberation before coming into force.
5. Members of the JCRC shall be elected into office by the members of the Hall.
ARTICLE 10: EXECUTIVE COMMITTEE OF THE JCRC
1. There shall be an Executive Committee, which shall consist of
a. President.
b. Vice President.
c. Secretary.
d. Treasurer.
e. One other elected member of the JCRC aside the above mentioned.
2. The Executive Committee shall:
a. Plan the agenda of the JCRC.
b. Co-ordinate the activities of the JCRC.
c. Implement the decisions of the JCRC.
3. A quorum of four persons including the President or the Vice President shall constitute a meeting for the purpose of business to be conducted.
4. Other Associations
a. Oguaa Hall Christian Fellowship (OHCF).
b. Moslem Council.
c. Traditional Council.
d. The Cadet.
Christian Council
I. Responsible for organizing and coordinating Christian activities in the Hall. II. Will have a representative serving on the Judicial Board.
III. Will promote morality in the hall.
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Muslim Council
I. Responsible for organizing and coordinating Muslim activities in the hall. II. Will have a representative serving on the Judicial Board
Traditional Council
I. Responsible for organizing and coordinating activities related to culture/ tradition in the Hall.
II. Will represent the ‘Oguaaman’ kingdom in the Hall.
III. Will have a representative serving on the Judicial Board.
The Cadet
I. Will by the military wing of the Hall.
II. Will have a representative serving on the Judicial Board.
III. There shall be a commander-in-chief of the cadet which shall be the JCRC president. IV. There shall be a leadership of the cadet prescribed by itself.
V. The finances of the cadet shall be out of the JCRC account and internally generated funds VI. Assets and documents of the cadet shall be duely audited by the Audit Board. VII. The overall conduct of the cadet shall be regulated by the JCRC Executives. VIII. SHALL see to the orderliness and discipline during all programmes of the hall.
ARTICLE 11: ELIGIBILITY
1. No member shall be eligible to contest for any JCRC office if he is in his final year of his programme of study or if he is due to take the final examination of his course of study in the University.
2. No member shall be eligible to vie for any election in the Hall unless he has attained at least a CGPA of 2.5 and above as stipulated in the Student Hand Book of the University with regards to holding positions.
3. The CGPA is however subjected to review and any such time a review is made by the University the CGPA agreed upon shall be applicable.
4. No member shall be qualified to hold any JCRC office that has not fulfilled all his financial obligations to the Hall and the University, proof of which shall be on him. 5. A member shall not be qualified to hold any of the offices of the JCRC if he has been found to be involved in any act that brings the name of the Hall’sJCRC, SRC or the University into disrepute.
6. A member who has been found by the Judicial Council or Commission of Enquiry to have breached any provision of this Constitution shall not be qualified to contest for any JCRC office.
7. To qualify to hold any of the offices of the JCRC, a member must have spent at least a year in the University or have one more year to complete his course of study.
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8. No member who at the time of filling nominations for any JCRC office, is pursuing a programme which would require his leaving the University or staying out of campus for more than two academic months shall be qualified to contest the election for any JCRC office.
9. For the purposes of clause 8 of this Article, where a member undertakes in writing to waive his leaving the university or staying out of campus for more than two academic months he shall be qualified to stand for the election.
10. Not been a repeating student at the time of contesting for the election. 11. Not have been rusticated or withdrawn by the University.
ARTICLE 12: GENERAL FUNCTIONS OF THE EXECUTIVE
The Executive shall in concert:
1. Be responsible for the coordination and execution of the policies of the Hall. 2. Serve as a link in matters relating to the Hall Council, other Halls, the SRC, other student organization, and the University at large whose services may be deemed beneficial to the Hall.
3. Keep an inventory of all JCRC properties.
4. Approve the financial estimates of other officers before funds are released. 5. Prepare and present the annual budget to the Hall.
6. Meet and draw up the agenda for all meetings of the JCRC.
7. ensure the enforcement of the standing orders and code of ethics of the Hall 8. Take appropriate actions against officers or members of the JCRC who act in any way that may bring or is likely to bring disrepute to the Hall as recommended by the Disciplinary Committee.
FUNCTIONS/DUTIES OF THE EXECUTIVE MEMBERS
ARTICLE 13: PRESIDENT
The President shall:
1. Preside over all meetings of the JCRC and the JCRC Executive Committee. 2. Within thirty (30)working days after assuming office, summon a meeting of the JCRC for the purposes of drawing up a working policy in the general interest of the Hall. 3. Represent the JCRC on the Hall Council, SRC and University Committee where the JCRC is required to be represented.
4. Take custody of all document and properties of the Hall related to his office. 5. Direct the affairs of the Hall without fear or partiality and in a manner not detrimental to the good name of the Hall.
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6. Delegate the Vice President or any executive member whom he deems fit and where he finds it expedient, to represent the Hall at any meeting or function where the Hall is to be represented.
7. Be the Chief Executive of the JCRC.
8. Supervise, coordinate and take responsibility of the functioning of the Executive. 9. Shall be Commander-In-Chief of the Hall Cadet.
10. Have a casting vote in case of a deadlock or tie at any JCRC meetings at which a vote is taken as he shall be regarded as the “Primus Inter Pares” of members of the JCRC and the JCRC.
11. Have a right to veto a decision emanating from the JCRC and/or the JCRC. 12. Be a signatory to all cheques drawn on the account of the JCRC as well as vouchers chargeable against the account.
13. In consultation with the JCRC and the Chairman of the Judiciary appoint members of the Judiciary.
14. Shall present a true state of the hall’s affair at least once a semester
15. In event of death or removal or resignation of a member of the JCRC, have the right to appoint a responsible member of the JCRC to act in the vacant position as an interim member until such time that a bye election is conducted and a member voted for or elected.
ARTICLE 14: VICE PRESIDENT
The Vice President shall:
1. Assist the President in the performance of his duties.
2. Act in the absence of the President and when acting, be vested with all the powers of the President subject to any contrary provisions of this Constitution.
3. Act as an-officio member of all Committees of the Hall and shall coordinate the activities of such Committees provided for in this Constitution.
4. In the event of death, resignation or removal from office of the Hall President, act until such time that a bye-election is conducted to fill the position.
5. Before commencing to perform the functions of the President under clause 5 of this Article, take and subscribe the oath set out in the second schedule of this Constitution in relation to the office of the President.
6. Have oversight responsibilities for all other Committees.
7. SHALL Perform any duties assigned to him by the President and/or the Executive Members.
ARTICLE 15: SECRETARY
1. He/ She shall be the secretary to the JCRC and the JCRC Executive Committee.
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2. He/ She shall be at all meetings of the JCRC and JCRC Executive Committeeto keep and maintain true and accurate records of proceedings.
3. He/ She shall be responsible for putting up all general JCRC notices.
4. He/ She shall in consultation with the President be responsible for handling of all external correspondence of the JCRC.
5. For the purpose of clause 3 of this Article, all notices shall be put up at least 72 hours before the commencement of the event for which the notice is put up.
6. He/ She shall provide the JCRC/JCRC Executive Committeethe needed documents before a meeting
7. In the absence of the President and the Vice President, the Secretary shall perform the functions in article (13 and14) until the President or the Vice President assumes office as the case may be.
8. He/ She shall be the administrative head of the JCRC Secretariat.
9. He/ She shall perform any such functions as the President and/or Executive Members may assign to him.
10. SHALL Perform any duties assigned to him by the President and/or the Executive Members.
ARTICLE 16: TREASURER
The treasurer shall:
1. Have fair knowledge of accounting.
2. Be responsible for keeping accounts of all monies of the JCRC and take custody of the JCRC’s cheques, receiving and banking all monies.
3. Be one of the signatories to all JCRC cheques and accounts.
4. Take custody of all documents and properties of the Hall related to his office. 5. Together with the JCRC executves prepare the budget and financial accounts of the JCRC.
6. Keep an imprest of not more than what is approved by the JCRC, which imprest shall be replenished as often as necessary after the treasurer has produce authentic receipts and/or documents to show how the previous amount has been disbursed.
7. In the tenure of his office, not defer his course but in the event of such, he shall render proper accounts with the approval of the Director of Audit.
8. Not effect any payment out of the JCRC funds without prior consultation and approval of the President.
9. SHALL Perform any duties assigned to him by the President and/or the Executive Members.
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ARTICLE 17: WELFARE SUB-COMMITTEE CHAIRPERSON
The Welfare Sub-Committee Chairperson shall:
1. Chair all the activities of the Welfare Committee.
2. Be responsible for all matters affecting the welfare of the members of the Hall. 3. Represent the interest of the JCRC in matters relating to room allocation with transparency, probity and accountability with the affirmation of the Hall President and/or Hall Council.
4. Represent the Hall on the SRC Sub-Committee on Welfare.
5. Perform any such duties assigned to him by the President and/or the Executive Members. 6. SHALL Perform any duties assigned to him by the President and/or the Executive Members.
ARTICLE 18: ENTERTAINMENT SUB-COMMITTEE CHAIRPERSON There shall be an Entertainment Sub-Committee Chairperson who shall:
1. Chair the meetings and coordinate the activities of the entertainment Committee. 2. Be responsible for organizing all forms of entertainment programmes in the interest of the Hall.
3. In collaboration with the Finance Committee raise monies for the Hall through entertainment activities.
4. At the beginning of every semester present a programme of activities drawn by his Committee to the JCRC for consideration and approval.
5. Present to the JCRC Executive Committeea statement of account within seven (7) days after every entertainment programme.
6. Take custody of all documents and properties of the Hall related to his office and shall submit such properties to the Head Porter of the Hall for safe keeping any time school is in recess.
7. Represent the Hall on SRC Sub-Committee on Entertainment.
8. SHALL Perform any duties assigned to him/ her by the President and/or the Executive Members.
ARTICLE 19: SPORTS SUB-COMMITTEE CHAIRPERSON
The Sports Sub-Committee Chairperson shall:
1. Chair and co-ordinate the activities of the Sports Sub-Committee.
2. Present a programme of sporting activities drawn by his Committee to the JCRC Executive Committeefor consideration and approval.
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3. Take custody of all documents and sports related equipment of the Hall and shall submit such properties to the Head Porter of Hall for safe keeping anytime school is not in session.
4. Represent the Hall on the SRC Sports Sub-Committee.
5. SHALL Perform any duties assigned to him/her by the President and/or the Executive Members.
ARTICLE 20: LIBRARY SUB-COMMITTEE CHAIRPERSON
The Library Sub-Committee Chairperson shall:
1. See to the efficient and effective management of the Hall Library.
2. Be responsible for the general upkeep and running of the reading room of the Hall. 3. Be the custodian of the Hall’s Library and all library materials.
4. Chair the meetings and coordinate the activities of the Library Committee. 5. Be the liaison between the main University Library and the Hall Library. 6. Organizing educative programmes in collaboration with the entertainment Chairman at least once a semester
7. SHALL Perform any duties assigned to him/her by the President and/or the Executive Members.
ARTICLE 21: SRC REPRESENTATIVES
The SRC Representatives shall:
1. Liaise between the SRC and the Hall.
2. Inform and educate the JCRC members on activities and policies of the SRC. 3. Assist in the running of the Hall and perform any other responsibility as may be assigned to them by the President and/or Executive Committee.
CHAPTER FOUR
THE PARLIAMENT
ARTICLE 22: COMPOSITION AND FUNCTION
1. The senate shall comprise:
a. The Speaker
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b. All Floor M.Ps
c. All Committee Chairpersons and members
d. Three representatives of Diasporas’ selected or elected by them.
2. The Parliament shall:
a. be an advisory body to the JCRC.
b. meet at least twice a semester
c. deliberate on issues of concern to the Hall and
d. prepare their report and recommendation to the JCRC on their decision
3. The Speaker of parliament SHALL be appointed by the President in consultation with the JCRC Executive Committee.
4. Members of the parliament shall be known as and called Parliamentarians otherwise known as “Honourables”.
5. No person shall be a Member of Parliament if he/she has been found guilty of any offence involving dishonesty by the Judicial Council or Committee of enquiry of the University, SRC, JCRC or Hall Council.
CHAPTER FIVE
THE JUDICIARY
ARTICLE 23: THE JUDICIAL POWER OF THE HALL
1. Justice emanates from the people and shall be administered in the name of the Hall by the Judiciary which shall be independent and subject only to this Constitution. 2. The Judicial Power of the Hall shall be vested in the Judiciary; accordingly, neither the President nor any organ or agency of the Hall shall have or be given final Judicial Power.
3. The Chairman of the Judicial Council shall, subject to this Constitution be the overall Head of the Judiciary and shall be responsible for the administration and supervision of the Judiciary.
4. The Judiciary shall have the jurisdiction in all matters, including matters relating to this Constitution, and such other jurisdiction as may by law be conferred on it.
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ARTICLE 24: COMPOSITION AND M ODE OF EXERCISE OF POWER OF JUDICIARY
1. The Judiciary shall comprise;
a. Judicial Council
b. Appeals Board
c. Disciplinary Board
d. Judicial Committee
2. In the exercise of the Judicial Power conferred on the Judiciary by this Constitution or any other law, the Judiciary may in relation to any other matter within their jurisdiction, issue such orders and directions as may be necessary to ensure the enforcement of any judgment or order within the Constitutional framework of this Hall.
3. The decision of the Judiciary shall be by simple majority and shall be in writing or recorded with reasons assigned.
4. Each Board of the Judiciary shall be duly constituted for its work by not less than two thirds (2/3) of the members.
ARTICLE 25: INDEPENDENCE OF THE JUDICIARY
1. In the exercise of its functions, the Judiciary shall be subject to this Constitution only and shall not be subject to the control or direction of any person or authority.
2. Neither the Executive Members nor any other authority or person whatsoever of the Hall shall interfere with the Justices, in the exercise of their functions and all members of the JCRC shall accord the Judiciary such assistance as the Judiciary may reasonably require to protect the independence, dignity and effectiveness of the Judiciary subject to this Constitution.
3. A member of the Judiciary shall not be liable to any action or suit for any act or omission by him in the exercise of his Judicial Power
4. Notwithstanding clauses (1), (2) and (3) of this article, in the exercise of its functions the Judiciary shall be guided by the Constitution of the Republic of Ghana, the SRC Constitution and the Statute establishing OGUAA HALL and the University of Cape Coast.
5. In the exercise of its functions, the Judiciary shall not be dissolved for new members to be appointed by any incoming Hall Executive but members shall be enrolled (enlisted) when there is a vacancy or resignation to that effect to enhance consistency, coherence and the independence of the Judiciary;
6. The administrative expense and privileges of the Judiciary shall be fully and duly provided by the JCRC and shall not be varied to its disadvantage.
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THE JUDICIAL COUNCIL
ARTICLE 26: COMPOSITION AND FUNCTIONS OF THE JUDICIAL BOARD
1. There shall be a Judicial Council which shall be independent and comprise: a. The Chief Justice who shall be appointed by the JCRC president in consultation with the JCRC Executive Committee.
b. Seven members hereafter called Justices of the Hall.
c. The Chairperson of the Judicial Council shall preside at sittings of the Judicial Board and in his absence, the most senior of the Justices of the Judicial Council as constituted, shall preside.
d. There shall be a Secretary who shall be elected by the Justices and shall be a member of the Judicial Council
e. Members of the Judicial Council shall be appointed by the President of the JCRC in consultation with the JCRC Executive Committee and the immediate or outgoing Chairman of the Judicial Council of the previous regime.
f. The Judicial Council shall never be dissolved on the assumption of a new Executive.
g. Notwithstanding sub-clause (d) of this Article, the President shall appoint members to fill any vacancy on the Judicial Council when the need arises. h. Shall have the right to entertain witnesses brought forth by defendants. 2. There shall be the final Board of Appeal and shall have the appellate in other jurisdiction as may be conferred on it by this Constitution.
3. The Judicial Council shall have power to determine all matters relating to the interpretation and enforcement of this Constitution.
4. It shall have the power to hear all appeals from the Appeals and Disciplinary Boards. 5. It shall in the exercise of its functions have powers to issue orders as are necessary to give effect to any declaration on its jurisdictional pursuit.
6. May while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other Boards of the Judiciary shall be bound to follow the decision of the Judicial Board.
7. It shall have the power to subpoena members of the Hall to give evidence in respect of any matter.
THE APPEALS BOARD
ARTICLE 27: COMPOSITION AND FUNCTIONS OF THE APPEALS BOARD
1. There shall be an Appeals Board which shall consist of five (5) members namely; a. The Chairperson of the Judicial Council
b. The most senior of the Justices of the Judicial Council, who shall be the chairperson of the Appeals Board
c. The Chairperson of the Disciplinary Committee
d. The Senior Hall Tutor
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e. The Hall Administrator.
2. For the purpose of this Constitution, sub-sections (d) and (e) shall be advisors to the Board.
3. The Appeals Board shall have jurisdiction to hear and determine, subject to the provisions of this Constitution, appeals from a judgment or order from the Disciplinary Committee.
4. The Appeals Board shall perform any other function conferred on it by this Constitution.
THE DISCIPLINARY BOARD
ARTICLE 28: COMPOSITION AND FUNCTIONS OF THE DISCIPLINARY BOARD
1. There shall be a Disciplinary Board of five (5) members appointed by the President in consultation with the JCRC.
2. The Disciplinary Board shall oversee all disciplinary issues and code of ethics of the Hall.
3. In exercising clause (2) of this article, the Board shall sit on any matter and take decision which shall be binding.
4. It shall serve as arbiters between or among members of the JCRC.
5. It shall perform any other responsibility as may be assigned by the Constitution
COMMISSION OF INQUIRY
ARTICLE 29: COMPOSITION AND FUNCTIONS OF THE COMMISSION
1. The JCRC shall appoint a Commission of Inquiry to look into any matter of interest to the JCRC.
2. A Commission appointed under clause (1) of this Article shall comprise not less than three persons and not more than seven persons, one of whom shall be the Chairperson of the Commission.
3. A Commission of Inquiry shall:
a. Make a full, faithful and impartial inquiry into any matter of interest to the JCRC. b. Report in writing the result of the inquiry and
c. Furnish in the report the reasons leading to the conclusion stated in the report. d. A person whose conduct is the subject of inquiry by a Commission of Inquiry or who may in any way be implicated or concerned in any matter under inquiry is entitled to be assisted by such expert as may reasonably be necessary for the purpose of protecting his interest at the inquiry.
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4. Where a Commission of Inquiry makes an adverse finding against any person, an appeal to the Judicial Council shall be as of right from that finding and exercise within seven days after the findings are announced to the JCRC.
CHAPTER SIX
ELECTORAL COMMISSION
ARTICLE 30: THE ELECTORAL COMMISSION
1. There shall be an Electoral Commission which shall consist of :
a. Two Senior Members, one of whom shall be the Chairman hereafter called Electoral Commissioner.
b. The Hall Administrator or his/her representative as a Member/Secretary. c. Five (5) JCRC members appointed by the President in consultation with the JCRC Executives.
2. The Electoral Commission shall supervise all elections in the Hall and shall see to the organization of a meeting for the presentation of manifestoes by candidates. 3. As soon as may be practicable, after the close of nominations the Electoral Commissioner shall publicly display a copy each of the nomination papers received on the Hall Notice Boards where they shall remain until the election commences.
4. The Electoral Commission shall see to the counting of the ballot papers and publish the election results within twenty-four (24) hours after the close of voting.
5. Subject to the provisions of this Constitution the Electoral Commission shall have the power to make regulations for the efficient organization of both Floor and General Elections.
6. The Electoral Commission shall make their electoral regulations accessible to all candidates.
7. The power to determine whether a regulation has been breached shall be vested in the Electoral Commissioner and he shall on reasonable grounds impose such sanctions as may be deemed necessary.
8. The Commission shall demarcate electoral boundaries for the purposes of the JCRC elections
9. A person who may be aggrieved by a decision of the Electoral Commission may as of right seek redress with the Judicial Council.
10. The Electoral Commission shall receive and react to all complaints relating to any elections within forty-eight (48) hours.
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ARTICLE 31: MODE OF APPOINTMENT OF THE ELECTORAL COMMISSION 1. The Electoral Commission shall be appointed by the Hall Council.
ARTICLE 32: INDEPENDENCE OF THE ELECTORAL COMMISSION
1. The Electoral Commission shall in the performance of its functions not be subject to the direction or control of any person or authority.
2. The administrative expense, logistic and privileges of the Electoral Commission shall be duly provided by the JCRC and shall not be varied to their disadvantage.
3. No Junior Member of the Commission whilst serving on the Commission shall be an Executive Officer.
4. The Electoral Commission shall run for a year after which it may be dissolved or maintained.
ARTICLE 33: ELECTORAL PROCEDURE/REFERENDA
Elections shall be:
1. Held on dates determined by the Dean of Students.
2. A simple majority shall elect all Officers.
3. Unopposed candidates shall require 60% of the valid votes cast to be elected. 4. Voting by Proxy is allowed upon arrangement with the Commissioner. 5. The validity of election of Officers may be challenged by any student of the Hall who 6. shall present a petition to that effect to the Judicial Council within 48 hours after the declaration of the provisional results.
7. Not less than ten (10) members of the JCRC shall sign the nomination form of an aspirant to enable him to file his papers to contest in the election.
8. No member of the JCRC can endorse more than one candidate contesting the same office. 9. All nominations forms shall be delivered to the Electoral Commissioner not later than 7 days before the vetting is due to begin.
10. Election of all JCRC officers shall be by secret ballot and shall start at 7:00 am and end at 5:00 pm.
11. Immediately after the close of the poll, the Presiding Officer shall, in the presence of the candidates and/or their polling agents proceed to count, at that polling station, the ballot papers of that station and record the votes cast in favour of each candidate.
12. The Presiding Officer and the Polling Agents shall then sign a declaration form accepting the results as declared by the Electoral Commissioner.
13. The Presiding Officer shall there and then, announce the results at that polling station before communicating them to the Returning Officer.
14. Subject to the provision of this Constitution an issue for determination by referendum shall not be taken to be determined unless at least Thirty-five percent (35%) of the persons entitled to vote at the referendum vote and of the votes cast, at least Seventy percent (70%) voted in favour of the issue.
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ARTICLE 34: DECLARATION OF RESULTS
1. The chairperson of the Electoral Commission shall within 24 hours after elections declare the results.
2. A candidate shall be deemed elected by simple majority of the votes cast. 3. Notwithstanding clause (2) of Article any candidate who stands unopposed for any of the positions shall at least poll 60% of the votes cast to be deemed elected.
4. Fresh elections shall be conducted for positions, which are not occupied due to candidate’s inability to pull the required percentage of votes.
5. Bye-elections shall be held where circumstances determine so.
ARTICLE 35: CHALLENGING OF ELECTION RESULTS
1. The validity of the election of a candidate may be challenged by a student of this Hall who may present a petition for that purpose within forty-eight hours after the declaration of the results.
2. The Hall Master/Warden on receipt of the petition shall constitute a Commission of Enquiry to look into the petition.
3. The Commission shall comprise three (3) Senior Members and three (3) Junior Members. 4. The Commission is expected to submit its report within seventy-two (72) hours.
ARTICLE 36: THE VETTING COMMITTEE
1. There shall be a vetting Committee to be made up of
a. Two Senior Members, one of whom shall be the Chairman to the Committee. b. The Hall Administrator or his/her Representative as a Member/Secretary. c. Five Junior Members drawn from the JCRC and appointed by the President in consultation with the JCRC Executives.
2. The Committee shall be responsible for vetting all potential aspirants for the various positions stipulated in Article 9 clause 2.
3. In vetting the aspirants, the Committee shall be guided by Article 11 of this Constitution.
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CHAPTER 7
COMMITTEES AND BOARDS
ARTICLE 37: COMPOSITION
1. For the effective administration of the Hall, there shall be nine(9) Sub-Committees namely:
a. Welfare Sub-Committee
b. Entertainment Sub-Committee
c. Sports Sub-Committee
d. Library Sub-Committee
e. Projects Committee
f. Health Committee
g. Editorial Committee
h. Judicial Committee
i. Finance Committee
2. All Committees shall comprise membership as stipulated under their respective composition.
3. Membership of these Committees shall be by application through the Hall Secretary to the JCRC for vetting and approval.
4. Every Committee shall meet at least twice in every semester and shall submit its report to the JCRC not later than seven (7) days after their meeting.
5. In matters of concern, the Committee members shall have the power to co-opt into their membership any member of the Hall deemed fit for a particular occasion.
FUNCTIONS OF THE COMMITTEE
ARTICLE 38: WELFARE SUB-COMMITTEE
COMPOSITION AND FUNCTION
1. Shall be chaired by the Welfare Chairperson
2. Any other seven (7) members.
The Welfare Committee shall:
1. Be concerned with the general Welfare of members of the Hall and see to the improvement of sanitary conditions of the Hall.
2. Cause to be organized at least twice a semester, floor meetings through the help of all Floor MPs who shall be appointed or elected by the members of each floor. 3. Report all cases of hospital admissions to the appropriate Hall Tutor or Hall Administration after receiving such information from the patient(s).
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4. Be responsible for making bye-laws on issues concerning welfare, which by law shall come into force after the approval of the JCRC Executives.
5. Recommend to the JCRCExecutives for honors to be conferred on persons who have contributed to the welfare of the Hall.
6. Liaise with the University authorities to ensure that the University Sanitary labor force execute their functions effectively.
ARTICLE 39: ENTERTAINMENT SUB-COMMITTEE
COMPOSITION
1. Chaired by Entertainment Chairperson
2. Any other five (5) members.
The Entertainment Committee shall:
1. At the beginning of every semester, draw up a tentative entertainment programme which they shall implement upon its approval by the JCRC Executives in consultation with Hall Administration.
2. Help in soliciting funds from individuals and corporate bodies to support entertainment programmes of the Hall.
3. Be generally responsible for the running of Alovi fm.
4. Prepare detailed income and expenditure statement of account on ay commercial function organized and shall publish it within seven (7) days after the said function. 5. Shall have the mandate to form ad-hoc Committees for the smooth running of the halls programme lineup after approval from the JCRC
ARTICLE 40: LIBRARY SUB-COMMITTEE
COMPOSITION AND FUNCTIONS
1. The Library Chairperson and
2. A membership of not less than five (5) and not exceeding thirty (30)
The Library Committee shall:
1. See to the efficient and effective running of the Hall Library and reading room. 2. Display the title of all new books, journals etc. received into the Library from time to time.
3. Liaise with the University Main Library to ensure that the intellectual and educational needs and goals of the members of the Hall are pursued effectively.
4. Have oversight responsibility for the maintenance of the Library properties and facilities.
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5. Ensure the education and obedience of the library’s rule and regulations.
ARTICLE 41: SPORTS SUB-COMMITTEE
COMPOSITION AND FUNCTIONS
1. The Sports Chairperson and
2. Other five (5) Committee members.
It shall:
1. Be responsible for drawing up programmes of sporting activities for the Hall. 2. Keep inventory of all sport equipment.
3. Be responsible for arrangement and maintenance of friendly sporting relations with other Halls of the University and other institutions as the JCRC Executive Committee may approve.
4. Be responsible for the development, promotion, co-ordination of all games and sporting activities in the Hall.
ARTICLE 42: EDITORIAL AND PUBLICITY BOARD
COMPOSITION AND FUNCTIONS
1. This Board shall consist of seven (7) members from the JCRC appointed by the JCRC one of whom shall be the Editor –In – Chief ofOguaa Hall.
2. The Board shall:
a. Be responsible for the proper running of the Hall Magazine and provision of other publications.
b. Ensure that the Hall Magazine is published yearly.
c. Have the sole right of editing and authorizing of all articles by the JCRC members meant for the Notice Boards.
ARTICLE 43: HALL WEEK PLANNING COMMITTEE
COMPOSITION AND FUNCTIONS
The Hall Week Planning Committee shall be composed of:
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1. Three (3) JCRC members, one of whom shall be the Entertainment Sub Committee Chairperson.
2. One Senior Member appointed by the Hall Master/Warden.
3. Three other members of the JCRCExecutives appointed by the President. 4. One representative from each group in the hall
5. The Hall Administrator or his/her Representative shall be core in the planning. 6. Appointments from diaspora
.
The Committee shall be responsible for:
1. The general planning and organization of the Hall Week celebration.
2. The raising of sponsorship for the overall celebration in consultation with the JCRC Executive Committee.
3. The preparation of the budget for the celebration
4. The preparation and publishing of a comprehensive financial report within two weeks after the celebration which report shall be signed by the Director of Audit.
CHAPTER 8
FINANCE
ARTICLE 44: SOURCE OF FINANCE
1. The JCRC shall derive it funds from:
a. Hall dues paid by members
b. Monies accruing from all forms of entertainment organized by the JCRC Executives.
c. Proceeds from sale of Hall material and other legitimate activities and appeal for fund
d. Donations, gifts, endowments, and others.
2. The JCRC shall operate a Bank Account where activities of the JCRC will be managed from.
3. The Hall President, the Treasurer and the Hall Masteror Senior Hall Tutor shall be signatories to the Hall account.
4. The signature of the Hall Master/Warden or Senior Hall Tutor and any one of the three other signatories as mentioned in clause 3 shall make cheques valid. The signatories could be change upon reviews or future arrangements.
5. The Treasurer shall keep an imprest.
6. No loan shall be contracted for and on behalf of the JCRC without the prior approval of the JCRC and Hall Council.
7. The Treasurer shall at every first meeting of the JCRC present a true Financial Statement.
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8. All disbursement of funds by the JCRC must be supported by receipt and other necessary documents.
9. An audit of the Hall account shall be done at least once every year.
ARTICLE 45: AUDIT BOARD
COMPOSITION AND FUNCTION OF THE AUDIT BOARD
1. There shall be an Audit Board of three (3) members.
2. No man shall be a member of the Audit Board unless he has an accounting background. 3. Membership to this Board shall be by application to the Secretary.
4. The members of this Board shall select their own chairperson who shall be known as and called the Chief Auditor.
5. The Audit Board shall:
a. audit all the accounts of the JCRC
b. Audit all the accounts of all groups in the hall.
c. Prepare it audit report and submit it to the JCRC.
6. No person or body shall interfere in the performance of the Audit Board’s functions and all officers, Committees and other bodies of the JCRC shall accord the Audit Board such assistance as are necessary for the performance of their duties.
7. The Audit report shall be pasted on the JCRC Notice Board within 14 days of its preparation.
8. For the purpose of this Constitution, the audit board shall have the power to subpoena any person to appear before it.
CHAPTER 9
ARTICLE 46: INTERPRETAIONS
1. “Junior Common Room Committee” (JCRC) refers to the general student body of the Hall
2. “Junior Common Room Committee Executives” refers to the government of the Hall. 3. “Student Representative Council” (SRC) is the federation of all students in the Halls of residence of the University. The SRC constitutes the mouthpiece of the student population of the University.
4. “The University” refers to the University of Cape Coast.
5. “National Union of Ghana Students” (NUGS) is the federation of all Universities (USAG), the Professionals and all Regional Representatives of SRC in Ghana. It constitutes the mouthpiece of the entire student body in Ghana.
6. Whenever “He” or “His” is used in this Constitution it shall also pertain to “She” or “Her” respectively.
7. All percentages shall be rounded off to the nearest whole number
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8. “Person” and “member” used in this Constitution means a member of Oguaa Hall. 9. “Executive Officer” shall refer to the Executive Members who have been elected in a general JCRC election.
10. “Forum” shall refer to the Hall forum.
11. “Reps” shall refer to Representative.
ARTICLE 47: GENERAL GROUNDS FOR REMOVAL FROM OFFICE Any member holding any JCRC office shall be removed from office if he is found:
1. To have acted in willful violation of any provision of this Constitution. 2. To have embezzled funds from the JCRC.
3. To be incapable of performing the functions of his office by reason of physical or mental incapability or disability through medical confirmation.
4. To have engaged in conducts that tend to bring the name of the Hall into disrepute 5. Guilty of breach of any of the provisions of this Constitution in the discharge of his duties.
6. To have failed to carry out a decision of the JCRC in accordance with this Constitution. 7. To have vacated his post without due permission.
ARTICLE 48: JCRC MEETINGS
1. The JCRCExecutives shall call a JCRC meeting at least twice a semester. 2. The JCRCExecutives shall be obliged to call a general meeting of the JCRC not later than fourteen (14) days into the new academic year for the purpose of laying down its policies, budgets and appointments before the JCRC for the latter’s approval. 3. The President or in his absence the Vice President, the Secretary and a quarter of the Hallers in resident shall form a quorum.
4. A decision or decisions taken at a JCRC meeting(s) shall be binding on the JCRCmembers provided it/they do not contravene this Constitution.
5. Of any general JCRC meeting, at least 72 hours notice must be given to the JCRC members before the meeting is held.
6. JCRC meetings shall follow general meeting procedures.
EMERGENCY MEETINGS
1. The JCRC President shall have the power to call for an emergency meeting of the JCRC. 2. For the purpose of emergency meetings, at least a 24 hours notice shall be given. 3. Whenever any emergency meeting is called 2/3 votes of those present, which must include at least three (3) Executive members shall be enough to carry a decision.
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SPECIAL MEETINGS
1. A special meeting of the Hall shall be called at the request of not less than ten (10) members of the population of each block. Copies of each request shall be presented to the President containing the agenda, names and signatories of the persons requesting that the meeting be held.
2. A special JCRC meeting shall be convened within three (3) days of the presentation of the request by the requisite members of the JCRC and if the JCRC fails to comply with request, without sufficient reasons, the Hall Master/Warden may be petitioned to intervene.
3. Twenty percent (20%) of the total number of members of the Hall in residence shall form a quorum for such special meetings at which the President and his Vice shall be present. 4. Out of the 20%, at least 75% of those present shall vote in support of a resolution to make it valid.
5. No business shall be considered other than the one for which the meeting was convened. 6. For the purposes of this provision, non-residential students affiliated to the Hall shall constitute one Block.
7. No decision of such special meetings shall be binding until at least a 24 hour notice of it is given on JCRC Notice Boards.
ARTICLE 49: MODE OF AMENDMENT
1. No part of this Constitution shall be altered, deleted, repeated or otherwise amended except the procedure of amendment as required by clause 2 of this article has been fully complied with
a. Any member of the JCRC shall have the power to introduce an amendment bill. b. All amendment bills or proposals shall have the support of at least three (3) members from each floor before it may be considered at a meeting.
c. All amendment/proposals shall be submitted to the Chairman of the Judicial Council who shall present it to the JCRC and Judicial Council.
d. Any proposal for the amendment of this Constitution shall be tabled at a general meeting of the Hall.
e. Such amendment bills or proposal shall be published and shall remain on all JCRC Notice Boards for at least two (2) weeks before being considered by the Constitutional Review Committee (before the general meeting to debate the proposed amendments).
f. In deciding on amendment bill or proposal, the JCRC may seek advice from the Judicial Council.
g. At the third (3rd) meetings for considering the proposal(s), 2/3 of the members of JCRC shall form a quorum for effecting the amendment out of which ¾ must have voted for the proposal.
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h. Where the resolution is carried, it shall then be presented to the Hall President for assent.
i. The Chairman of the Judicial Council shall accordingly issue a certificate within 24 hours of the President’s assent to give effect to such amendment(s).
2. Where the whole Constitution is sought to be reviewed, the JCRCExecutives shall set up a Constitutional Review Committee which shall recommend the necessary review for endorsement by the general membership of the Hall through a referendum.
3. Amendments to this Constitution shall be listed and annexed to this Constitution in the nature of amendments and shall be numbered in the order of creation and shall be dated and pasted on the JCRC notice boards.
4. For the avoidance of doubt, this Constitution shall continue in force until it is duly reviewed.
ARTICLE 50: IMPEACHMENT PROCEDURES
1. Any student shall by a notice in writing addressed to the Chief Justice, commence impeachment proceedings against an officer, provided that the officer shall be served with a copy of the notice three (3) clear days before the start of such proceedings.
2. The Chairman of the Judicial Council shall within five (5) days of receiving the notice of impeachment, convene a sitting of the Judicial Councilfor a determination of the grounds for impeachment.
3. The decision of the Judicial Board shall be by a simple majority. The decision of the Judicial Council shall be communicated to an emergency general meeting of the JCRC called for the purpose by the Hall Secretary within forty eight hours of receiving the decision of the Judicial Council.
4. The JCRC shall debate and thereafter vote on the issue.
5. For purposes of implementation, the votes of at least sixty percent (60%) of the members of the JCRC present and voting shall be required for a motion to be carried. The votes for or against shall be conclusive.
6. For the purposes of this Article, the Electoral Commissioner shall chair this JCRC meeting, without prejudice to any provision of this Constitution.
7. Any Executive Officer so impeached shall forthwith cease to be a member of the JCRC. 8. Any vacancies created by virtue of any provision of this Constitution shall be filled within twenty one (21) days after such vacancies are created by following the procedure as stipulated in this Constitution.
ARTICLE 51: VOTE OF NO CONFIDENCE
1. Without prejudice to Article 11 of this Constitution, all Executive Officer shall be removed from office on the passing of a vote of no confidence.
2. Any JCRC member seeking a vote of no confidence shall write a letter of such intent which shall be signed by at least 10 members on each floor.
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3. For the purposes of a vote of no confidence, any person or group of persons seeking such action shall notify the Electoral Commissioner at least seven (7) days after receipt of the signatures.
4. The person or group of persons, seeking a vote of no confidence shall also notify the Judicial Board.
ARTICLE 52: HANDING OVER
1. All outgoing officers shall handover to the newly elected officers within thirty (30) days after the declaration of result of general election.
2. Audited accounts shall be prepared and presented to the External Auditor for inspection and affirmation. The Audited Account shall be made known to all Hall members before the formal handing over and pasted on the Notice Board.
3. The chairman of the hall Council shall supervise the handing over ceremony. 4. All records, documents, files, equipment, machines etc in the possession of the outgoing Executive Officers shall be handed over to the in-coming Executive without compromise or failure in any form.
5. In the case of a loss or damage to any of the properties of the Hall through any Executive Officer’s or Officers’ irresponsibility and carelessness, the officer or officers shall replace those properties within 30 days from the date of handing over to ensure the security of the Hall’s properties.
ARTICLE 53: PROTECTION OF THE HALL EXECUTIVE
The Hall Members as far as possible legally, shall protect and defend the Hall Executive at all times against any unjust action from whatever authority within and without the Hall, in so far as the actions of the Hall Executive are claimed to be in conformity with the spirit of this Constitution.
ARTICLE 54: ACCESSIBLITY OF THE CONSTITUTION
1. Copies of this Constitution shall be made available to the Editorial and Publicity Committee for sale.
2. Copies of this Constitution shall be deposited in the Libraries and offices of the Pro Vice Chancellor, Registrar, Dean of Students Affairs and the Hall Master /Mistress. 3. Every first year student of the JCRC shall be billed and given a copy of the JCRCConstitution.
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ARTICLE 55: ADOPTION
1. Subject to clause (1) above, this Constitution shall become operative after its endorsement by the Hall Master/Warden and the Dean of Students Affairs. 2. This Constitution shall be adopted by a JCRC meeting called for that purpose by a vote of two thirds (2/3) of members present at the meeting.
ARTICLE 56: STANDING ORDERS
1. The Executive shall draw up Standing Orders for the conduct of Hall/Executive meetings. 2. The President shall have the exclusive right (prerogative) to interpret the Standing Orders.
3. Notwithstanding clause 2 of this Article, the President shall not act in contravention to this Constitution.
FIRST SCHEDULE
TRANSITIONAL PROVISION
1. Notwithstanding anything to the contrary contained in this Constitution, the persons duly elected as officers of the JCRC under the law in force immediately before the coming into force of this amended Constitution shall be deemed to have been duly elected under this Constitution.
2. A member who immediately before the coming into force of this Constitution held or was acting in an office in existence immediately before coming into force of this Constitution shall be deemed to have been appointed under this Constitution as far as the appointment is consistent with the provisions of the Constitution.
3. Pursuance of section 1 and 2 of the first schedule of this Constitution, the persons duly elected or appointed shall notwithstanding anything contrary to the provisions of this Constitution, continue to perform their functions in conformity with this Constitution.
4. Notwithstanding any contrary provision(s) of the Constitution, this Constitution shall come to force when it is debated and approved by 2/3 (majority) of the JCRC members.
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SECOND SCHEDULE
FORM OF OATH
OATH OF PRESIDENT
I ……………………… having been elected the President of Oguaa Hall JCRC, do solemnly swear in the name of the Almighty God to ensure efficient administration of the affairs of the JCRC, to uplift and enhance the good name of Oguaa Hall, to obey all rules, laws and regulation of the Hall and the University, to ensure a sincere, inset incorruptible and peaceful administration SO HELP ME GOD.
To be sworn before the Hall Master.
OATH OF OTHER EXECUTIVE OFFICERS
I ………………… having been elected the ………………… of Oguaa Hall JCRC do solemnly swear; that I will at all times well and truly serve the Oguaa Hall, JCRC to ensure the efficient administration of the affairs of the JCRC; to uplift and enhance the good image of Oguaa Hall to obey all rules, laws and regulation of the Hall and the University, SO HELP ME GOD.
To be sworn before the Hall Master.
OATH OF THE JUDICIARY MEMBERS
I, ……………………… having been appointed as a member of the Oguaa Hall JCRC Judicial Board/Appeals Board/the Disciplinary Board/Member of Commission of Enquiry do hereby in the name of God solemnly swear that, I will bear absolute truth in the interpretation and application of JCRCConstitution and other laws neither with fear nor favour; and to uphold and defend the spirit and letter of the JCRCConstitution SO HELP ME GOD.
To be sworn before the JCRC President.
OATH OF COMMISSION/COMMITTEE/BOARDS CHAIRPERSONS
I, ………………… having been appointed / elected as a Chairperson of ……………... do swear in the name of God the Father that I will bear true faith and allegiance to Oguaa Hall, that I will cooperate with the Executive Committee and other relevant authorities and that I would faithfully, honestly, and conscientiously discharge all my duties, SO HELP ME GOD.
To be sworn before the JCRC President.
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This Constitution was promulgated on March 13, 2016 at the Aluta Square of OGUAA HALL where 71.46% voted for and 28.64% voted against the adoption of this constitution. By virtue of simple majority count, the constitution was accepted and adopted by OGUAA HALL. The ceremony was chaired by the President and Chief Justice of OGUAA HALL.
We therefore ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
President Chief Justice …………… ……………. Dennis Appiah Larbi-Ampofo Mensah Ishmael
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