2018 Edition 2

Page 1

27 March 2018 | Volume 77 | Edition 2

SRC reassignment: was it constitutional?

Tessa Knight

VARSITY investigates the constitutionality of last week’s reassignment of the SRC Image by Michaela Pillay

On the 8 th of March, SRC funds were frozen. On the 14th of March at the First Ordinary Sitting of SP, Logan, in his capacity as the Undergraduate Academic Co-ordinator, tabled a motion for the reassignment of SRC portfolios within the next 72 hours. According to Logan, “the SRC was paralysed by incompetence.” Logan cited the vacancy of TG and frozen funds as evidence that the SRC was not able to function with the current executive.

“We have to force ourselves to come to work on weekends even though we are not getting paid as feeding our families is more important than our dignities.”

Timeline of recent SRC interactions:

-08/03: SRC funds are frozen - 14/03: Student Parliament (SP), where Christopher Logan (DASO) puts forward a motion to reassign SRC portfolios. Motion becomes a recommendation. - 19/03: Loyola Nyathi (EFF) is inducted into the SRC as the 15 th member, and the SRC Weekly Standing Meeting takes place. A reassignment occurs amidst debates of constitutionality. - 20/03: 00:48am Karabo Khakhau (DASO) sends an email to all students as President of the SRC stating that the reassignment was unconstitutional. The Constitutional Committee (CC)

respond to an inquiry made by Logan regarding the 5 vacant SP positions, concluding that SP consists of 78 members not 83. The original vote to reassign becomes a binding motion. - 21/03: An email is sent by Karabo Khakhau as President of the SRC claiming that an appeal has been sent to the CC and the reshuffle will be held in abeyance pending the conclusion. - 22/03: An email is sent by Student Governance Council (SGC) claiming the reassignment will be held in abeyance. Follow-up email, sent later that day, states that the reassignment will not be held in abeyance. - 23/03: A complaint is lodged by the

DASO caucus, excluding Logan and Mthobisi Mngomezulu (DASO), against the rest of the SRC claiming incorrect procedures took place during the reassignment. SGC sends official notice of hearing.

Confusion was visible in some of the seated students who were not aware of the workers’ protest Last week, the SRC underwent a portfolio reassignment amidst allegations of unconstitutional procedures. Since the resignation of Treasurer -General (TG), members of the SRC executive were signatories of the account.

At SP, 54 members voted for the motion, 10 voted against and there were no abstentions (14 members were absent). This did not constitute a two-thirds majority; and therefore not binding to the SRC. Before the SRC Weekly Standing Meeting on Monday, 19 th March, Nyathi was inducted into the SRC, filling the position left vacant by TG, Johansson. The SRC would not have been able to reassign if there were not 15 members present. At the Weekly Standing Meeting, the majority of the 15 members present voted to accept the recommendation to reassign SRC portfolios. Chapters 6 and 12 of the SRC constitution were cited to impede a reassignment. Members of DASO allegedly stated that it would be best to seek clarity and then reconvene. A debate ensued over Chapter 12 until the Chair of the House decided that the matter would be decided via secret ballot. Nine voted that the Chapter was not relevant and six voted that is was. Proceedings then continued despite persistent requests from DASO members to postpone. During the reassignment process, Khakhau was

nominated for President, but declined. Logan then nominated Mngomezulu for President. Without another nomination, Mngomezulu was elected. According to a now-deleted SRC Facebook post the following reassigned executive was: President: Mthobisi Mngomezulu (formally Karabo Khakhau) Vice-President: Masixole Mlandu (PASMA) (formally Hannah Margetts (DASO)) Secretary-General: Zukiswa Jack (EFF) (formally Tami Jackson (DASO)) Deputy Secretary-General: Loyola Nyathi (formally Dylan-James Greenstone (DASO)) Treasurer-General: Christopher Logan (formally vacant) The remaining DASO members were not allocated portfolios as they declined to participate. In response to the reassignment, Khakhau sent an email on Tuesday 20 th (00:48am) claiming that the reassignment was unconstitutional. Later that day, the CC responded to a query made by Logan regarding the 5 vacant positions in SP and whether it affected his motion. In response, the CC ruled that the vacant positions meant that SP consisted of 78 members and this made Logan’s motion binding. On Wednesday 21st, Khakhau sent an email to the student body claiming an appeal had been sent to the CC and the reassignment would be held in abeyance in the interim. The SGC echoed this in an email sent on Thursday 22 nd , but retracted the statement on Twitter, saying the matter would not be held in abeyance. On Friday 23 rd , the SGC sent an official notice of hearing to Logan, Mngomezulu and other non-DASO affiliated SRC members regarding a complaint about the procedure followed during the reassignment. The hearing will take place tomorrow. VARSITY reached out to the DSA to verify the constitutionality of the reassignment. The DSA had not yet received the official minutes and thus could not respond. At present, DASO members (excluding Logan and Mngomezulu) maintain the reassignment was not constitutional.


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.
2018 Edition 2 by VARSITY - Issuu