ANNEXURE A. CPUT SRC Election Regulations

Transcription

1 ANNEXURE A CPUT SRC Election Regulations 1. Foreword 1.1. Elections provide students with an opportunity to choose their leadership. Elections also foster students faith in democratic principles and practices. These Election Regulations (Regulations) provide a legal framework for the planning and management of the Student Representative Council (SRC) election at the Cape Peninsula University of Technology (CPUT). The Election Regulations focus on the process before, during and after voting, and on the roles and responsibilities of the various officials and participants. All stakeholders must familiarise themselves with the Election Regulations to ensure a credible, free and fair election, encourage broader participation by students and consolidate and deepen democracy For the purpose of these Election Regulations, the definitions in the CSRC Constitution will apply. 2. Electoral System 2.1. Elections shall take place using the following electoral systems: a) PR: to elect the ten (10) CSRC members for portfolios as defined in section of the CPUT SRC Constitution, on the basis of a closed list party-list proportional representation system who shall be voted for by the student community in conjunction with elections for LRSC at each campus; b) MMP to elect nine (9) LSRC members in the following manner: (i) Five (5) Executive Committee members elected through the PFTP electoral system; and (ii) Four (4) Additional Members elected through the PR electoral system. 1

2 3. Independent Electoral Agency a) The University in consultation with SRC shall appointed an IEB to manage the election process to ensure a credible, free, fair, transparent and beyond reproach elections b) The IEA shall appoint a Chief Electoral Officer. 4. Chief Electoral Officer a) The Chief Electoral Officer (CEO) shall be responsible for the management of the election of members of the SRC and ensure that the election process is credible, free and fair. This requires strategic planning, efficient management and detailed record-keeping of the election process and activities. b) The CEO shall be appointed in terms of section 1.11(a)(v) of the CPUT SRC Constitution by the Vice-Rector: Student Services in collaboration with the Dean: Student Services and the SRC. c) The CEO shall: (i) Manage the election in accordance with the Election Regulations and Terms of Reference. (ii) Make such further regulations as may be necessary to give effect to this policy (iii) Be responsible for all election material and specifically for: Providing nomination forms; Ensuring that sufficient ballot papers are available for the elections; Ensuring that all election material is safely stored; preparing and distributing election nomination forms; opening and closing the nomination process following a timetable approved by the Dean: Student Services 2

3 compiling and publishing a complete list of the independent candidates and student organisations contesting the campus SRC elections; determining the design of the ballot papers and the ballot boxes, including the appropriate method of numbering and labelling of the ballot papers and boxes; supplying adequate stocks of ballot papers, ballot boxes, voters rolls and receipts for each Campus; ensuring availability of adequate and secure space for storage of ballot boxes and voting compartments on each campus. In consultation with the Electoral Commission, postpone the election should the circumstances deem not to be conducive to credible, free and fair elections. Call for a new election if circumstances (e.g. lost, destroyed or unlawfully removed ballot papers) arise which may substantially and negatively affect the outcome of the election shall submit the results of campus SRC elections to the Dean: Student Services within one (1) days after the counting of the ballot papers; shall declare the results of the elections for each campus at a predetermined time and place; Perform the duties necessary for the effective organisation of the election, including:. Maintain liaison with the identified stakeholders. Oversee the marketing of the election on campus. Monitor the conduct of all stakeholders. Ensure the integrity of the nomination process, assess objections to nominations and rule on the objections. Manage the presentation of Student Organisation manifestoes. Supervise and direct the functions of the polling officers. Monitor activities at the Polling Stations. 3

4 Deal with objections in a just and equitable way. Reconcile and count the votes in the presence of agents. Keep a diary in which all pertinent information and decisions are recorded until the election is completed. Declare the election credible, free and fair. Compile a report of the election. Recruit and Train Polling Officials. shall present a report on the elections, including financial statements, to the Dean: Student Services within thirty (30) days after the constituting of the CPUT SRC and SP 5. Electoral Commission (i) The CEO shall establish an Electoral Commission (ii) The electoral Commission shall comprise of the CEO, the three (3) Presidents of the CPUT SRC, a representative from the office of the Dean: Student Service and chairpersons of the Student Organisation (iii) The purpose of the Electoral Commission shall serve as a consultative body for resolving disputes. 5. CONTESTANTS 5.1. Criteria a) In order to be a member of a campus SRC a student shall: (i) be a registered student of the CPUT at the time of the election; (ii) be registered on the campus for which campus SRC it is a member; (iii) not be in his/her first year of registration as a full time student of the University; (iv) have passed at least sixty percent (60%) of all his/her modules in the previous academic year; 4

5 (v) not be serving a penalty as a result of a criminal conviction at the time of the election (vi) not be serving a disciplinary penalty on account of dishonesty or lack of academic integrity imposed by any disciplinary body at the University. (vii) lodge properly completed nomination form with the electoral office before the specified closing date and time together with a certified copy of each proposed candidate s full study record. Nomination forms and study records received after the closing date and time will be rejected Independent candidates (i) Any registered student of the University may contest any one portfolio in the campus SRC elections as an independent candidate, provided that he/she meets the required criteria Student Organisations (i) Any student organisation of the University may contest any portfolio in the campus SRC elections provided that such an organisation: (ii) has disclosed on the nomination form the names of individual students, whom it intends to fill the portfolios it is contesting and such students meet the required criteria; (iii) has been recognised by the campus SRC for at least six (6) months prior to the elections. 6. NOMINATIONS (i) Every independent candidate or student organisation wishing to contest a portfolio in the campus SRC elections shall submit a complete nomination form. (ii) For every independent candidate and each candidate listed by a student organisation the following shall be submitted with the nomination form: proof of registration; academic record; 5

6 acceptance of the nomination; in the case of an independent candidate only, the names and signatures of least sixty (60) registered students of the University supporting the nomination. (iii) Completed nomination forms shall be delivered by hand by the independent candidate or the authorised representative of the student organisation to a representative of the Electoral Commission, who will issue a confirmatory receipt to the respective candidate or organisation. (iv) The Electoral Commission shall verify the validity of all nominations for elections, and its decision shall be final. (v) An independent candidate or student organisation whose nomination has been approved by the Electoral Commission shall be deemed to be registered for contesting the elections. (vi) Once a nomination has been approved, the student organisation or independent candidate concerned shall be bound to adhere to all instructions with regard to the elections issued by the Electoral Commission. (vii) No nomination form shall be accepted after the final submission date and time set by the Electoral Commission. (viii) The Electoral Commission may cancel the nomination of any independent candidate or student organisation who furnishes false information with regard to a nomination. (ix) If no nominations are received for a particular portfolio by the time of closing of nominations, such a portfolio will not be contested in the election but be filled by means of a by-election. 7. VOTING (i) Each registered student shall have the right to cast one vote for each portfolio of the campus SRC of the campus on which he/she is registered; (ii) A list of students registered on each campus of the University shall be used as a basis to compile the official voters roll for each campus. 6

7 (iii) In order to cast a vote: (iv) the name of a voter has to appear on a voters roll; (v) a voter shall produce a valid student card or valid proof of registration and identity. (vi) In the event of a student's name not appearing on the voters roll the student must provide valid proof of registration, after which the relevant representative of the Electoral Commission may add such a student s name to the voter s roll with an accompanying note explaining the nature of proof of registration that was produced. (vii) Voting shall be by secret ballot. (viii) Every voter shall be given one ballot paper in respect of each campus SRC portfolio to be voted for during campus SRC elections. (ix) Each voter shall cast one vote for the candidate or organisation of his/her choice in respect of each portfolio for the campus SRC. 8. Observers (i) Candidates may appoint observers to oversee the election and counting process on their behalf. (ii) Observers must be registered students whose names appear on the list compiled and who are not themselves standing for election or incumbent office-bearers in the SRC. (iii) There will be no recourse if observers nominated by candidates do not arrive at the opening of the poll or do not stay until the close of the poll. The polling process will proceed regardless of observers late arrival or nonattendance. 9. COUNTING (i) Counting of votes may commence within an hour, but no later than twenty four (24) hours after closure of voting, and may be adjourned or suspended with the approval of the Electoral Commission. 7

8 (ii) Ballot papers must be counted on the campus where the voting took place, at secure locations which shall be identified by the Electoral Commission prior to the elections. (iii) Counting officers may reject a ballot paper if: (iv) the ballot paper reveals the identity of a voter; (v) the ballot paper contains a vote cast in favour of more than one independent candidate or student organisation for a portfolio; (vi) the ballot paper does not contain any vote cast; (vii) ballot paper is defaced so as not to reflect any vote cast for either an independent candidate or student organisation; (viii) A decision to reject a ballot paper must be confirmed by the Electoral Commission. (ix) Rejected ballot papers shall be counted and kept in a secure place, but votes brought out on such papers shall not be added to the total number of votes for an independent candidate or organisation. (x) As soon as the Electoral Commission has declared the completion of the counting of votes, all agents for independent candidates and student organisations contesting the elections shall sign a declaration form stating whether or not they accept the provisional election results. (xi) Student organisations who have successfully contested a particular portfolio, shall provide the name of the individual member of the organisation (one of the members listed on the nomination form) to take up the particular portfolio to the Electoral Commission within twenty four (24) hours of the provisional announcement of the election results. 10. OBJECTIONS AND APPEALS (i) Objections to the election results shall be made in writing and with applicable proof. (ii) Objections shall be submitted to the Electoral Commission within twenty four (24) hours of the provisional announcement of election results. 8

9 (iii) In the event of no objections having been received by the deadline, the results of the elections may be officially and finally announced by the Electoral Commission and the elections shall be declared as free and fair. (iv) The decisions of the Electoral Commission regarding any objections lodged shall be subject to appeal. (v) An appeal against any decision by the Electoral Commission shall be lodged in writing with the Dean: Student Services whose decision shall be final and binding. 11. ANNOUNCEMENT OF RESULTS (i) The relevant executive committee member of the Electoral Commission shall; (ii) announce the provisional results of the elections immediately after he/she has declared the completion of the counting of votes. (iii) announce the final election results within three (3) days of the completion of counting, provided that final decisions have been made with regard to objections and appeals, should these have been lodged. 11. CONSTITUTING Campus SRC (i) (ii) Campus SRCs shall be constituted within five (5) days after the final announcement of the election results. The CEO or a member delegated by him/her of the IEA shall provide written notice of the date, time and place of the constituting meeting to all the candidates or student organisations who were elected to the campus SRC at least twelve (12) hours before the meeting. The constituting meeting shall be attended only by the newly elected campus SRC and the electoral staff members. All the members of the new campus SRC must be present at the meeting. 9

10 (iii) At the constituting meeting of the campus SRC the relevant member of the Electoral Commission shall: confirm the name of each independent candidate or candidate proposed by a student organisation to fill each portfolio of the campus SRC; declare the campus SRC duly constituted. (iv) A minimum of seven (7) campus SRC members should have been elected for the campus SRC to be constituted. If such a minimum has not been achieved, a by-election should be held to fill the vacant portfolios CSRC (i) The chairperson of the campus SRC shall, within three (3) days of the constituting of the campus SRC, submit the names of the two campus SRC members to serve in the CSRC to the chairperson of the Electoral Commission. (ii) The chairperson of the Electoral Commission shall within ten (10) days of the constituting of all campus SRCs call a meeting of all members to serve in the CSRC; (iii) The chairperson of the Electoral Commission shall provide written notice of the date, time and place of the constituting meeting to the CSRC members as nominated by the various campus SRCs at least twelve (12) hours before the meeting. The constituting meeting shall be attended only by the new CSRC, a Student Life and Governance staff member as observer, a representative of the outgoing CSRC as observer, and a member of the Electoral Commission as chairperson. All the members of the new CSRC must be present at the meeting. (iv) At the beginning of the constituting meeting, the chairperson of the CEO shall declare whether or not the CSRC is constituted according to the stipulations of this policy and if so, that they are authorised to act according to the stipulations of the SRC Constitution. 10

11 (v) The CEO shall confirm names and portfolios as appeared on the ballot paper and then constitute CSRC 12. BY-ELECTIONS (i) By-elections are held when a vacancy occurs in a campus SRC and when it is necessary for the effective functioning of the campus SRC. (ii) In the case of a by-election a committee comprising the office of the Dean: Student Services, Faculty Chairperson, 2 nd Deputy President and a member from LSRC who is not a member of the particular campus shall organise the by-election. Such a committee must be approved by the Dean: Student Service in conjunction with CSRC. 11