THE BLACK ACADEMIC CAUCUS – UCT CONSTITUTION

THE BLACK ACADEMIC CAUCUS – UNIVERSITY OF CAPE TOWN CONSTITUTION

PREAMBLE

WHEREAS WE, members of the BLACK ACADEMIC CAUCUS are committed to:

CHALLENGE the slow pace of transformation that continues to maintain hegemonies and reproduces colonial relations of power.

Advocate for an inclusive and diverse academic institution that also prioritizes Black staff and their knowledge.

DO HEREBY today the 3rd of November 2015 adopt this constitution of the Black Academic Caucus at the University of Cape Town (“UCT”).

1. Name

The name of the association is the Black Academics Caucus – University of Cape Town and is hereinafter referred to interchangeably as “BAC” or “the Association”

2. Purpose and Objectives

The purpose and objectives of the Association shall be:

2.1 To establish a community of scholars who share common experiences and facilitate networking;

2.2 To influence transformation and decolonization of UCT and create a space for black scholars to come together

2.3 To influence the higher education landscape in South Africa with regards to transformation and decolonisation;

2.4 To advocate for transforming the curriculum and research scholarship so that it is linked to social justice and the experiences of black people;

2.5 To advocate for management accountability on transformation and decolonising the university;

2.6 To advocate for increased number/s of black academic staff employed by the university, particularly in the professoriate and an increase in South African black staff;

2.7 To advocate for increased representation of black academics in the governance of the university;

2.8 To challenge traditions of patriarchy and advocate for the inclusion of women’s issues, gender, sexuality and sexual orientation in academia;

2.9 To challenge the misrepresentation of black academics in discourses of standards and academic excellence;

2.10 To challenge unfair practices that obstructs the career paths of black scholars;

2.11 To review, after a period of five years (2020), the progresses made towards achieving the goals of adequate representation, inclusivity and diversity at the UCT.

3. Legal Personality

The BAC shall:

3.1 Be a juristic person capable of suing and being sued in its own name;,

3.2 Acquire rights and incur obligations;

3.3 Have a perpetual life and succession;

3.4 Acquire, hold, and alienate property; and

3.5 Enter into agreements and do all things necessary to carry out its aims and objectives and defend its members, its property and reputation;

4. Membership

The following persons may be ordinary members of the Association:

4.1 Any academic member of staff at UCT who supports and upholds the purpose and objectives of BAC and abide by its Constitution;

4.2 Any PASS staff who teaches or is an active researcher at UCT and who supports and upholds the purpose and objectives of BAC and abide by its Constitution;

4.3 A PhD student or post-doctoral fellow at UCT who supports and upholds

the purpose and objectives of BAC and abide by its Constitution; such a

person shall not hold an executive position.

4.4 Applications for membership shall be lodged with the BAC Executive Committee who has the right to decide on membership.

4.5 All members of BAC shall adhere to the Code of Conduct adopted by the

BAC at a general meeting.

4.6 An initial once-off membership-fee of R600 is payable by all members of

the Association or a fixed R50 per month for 12 months. The membership

fee thereafter will be determined by the BAC Executive Committee.

4.7 All subscriptions levied shall be subject to the approval of the Association

in general meeting;

4.8 Membership automatically terminates upon the receipt by the Association

of a notification of the death of a member or written resignation;

4.9 Membership terminates if a member is removed by a resolution of the

Executive Committee; provided that the member has been given an

opportunity to make written or verbal representations at a meeting of the

Executive Committee pertaining to the proposed termination, and the

Executive Committee’s decision to terminate membership was confirmed

by resolution of two-thirds of the members present at the next General

Meeting, otherwise it will lapse.

Executive Committee

5.1 The Executive Committee shall include the following positions:

Chairperson; Vice-Chairperson; Treasurer; Secretary; and Additional

Member;

5.2 Any vacancy on the Executive Committee may be filled at a meeting of

the Association or by co-option;

5.3 Each member (other than the Chairperson) of the Executive Committee

may co-ordinate a subcommittee;

5.4 The Executive Committee may co-opt additional non-voting members as

it may consider appropriate;

5.5 A person co-opted to the Executive Committee in terms of 5.4. shall have

all the rights including the right to vote, of a Committee member except

that:

5.5.1 co-opted persons may not exceed more than one-third of

members of the Executive Committee in number;

5.5.2 only ordinary members of the Association may be co-opted to

the Executive Committee;

5.5.3 the term of office of a co-opted person shall not exceed that of

the Executive Committee.

5.5 The Executive Committee members shall be elected at the Annual

General Meeting;

5.6 Any ordinary member of the Association may be nominated for

membership of the Executive Committee;

5.7 Meetings of the Executive Committee shall be held regularly, but no less

than four times during any Committee’s normal term of office;

5.8 Notice of Executive Committee meetings shall be given to all its members

by the Secretary;

5.9 The quorum for a meeting of the Executive Committee shall be two-thirds

of the Committee;

5.10 Every decision of the Executive Committee shall require a majority vote

of those present in its favour;

5.11 A meeting of the Executive Committee shall also be convened at the

request of the Chairperson or two of its members;

5.12 The term of office for any member of the Executive Committee is 2 years,

renewable for a minimum of 1 term.

6. Executive Committee and Duties

6.1 The Executive Committee shall serve for two years, or until the election of a

new committee, whichever period is the shorter;

6.2 Any person shall cease to be an Executive Committee member if:

6.2.1 he/she ceases to be a member of the Association;

6.2.2 he/she tenders his/her resignation in writing and such

resignation is accepted by the Committee.

6.3 The functions of the Committee shall be the following:

6.3.1 To convene meetings of the Association;

6.3.2 To deal with matters of urgency;

6.3.3 To co-opt any member of the Association to the Committee

either generally or for a special purpose;

6.3.4 To conduct, generally, the affairs of the Association;

6.3.5 To create and constitute such subcommittees as may be

necessary for the better running of the affairs of the

Association;

6.3.6 An account may be open by the treasurer and the Association

should nominate the members who are permitted to draw upon

such accounts;

6.3.7 To recommend the annual subscription, if any, payable by the

members of the Association;

6.3.8 To exclude or suspend any member, for good cause;

6.3.8 To recommend to the Association, persons for election as

honorary members;

6.4 In the event of a vacancy on the Committee, the Committee may transfer

the functions entrusted to the absent member to one or more of the

remaining members of the Committee or to a co-opted member.

7. Duties: Chairperson

7.1 The Chairperson of the Association shall preside at all meetings of the

Committee and of the Association;

7.2 In the absence of the Chairperson, all his/her powers and duties shall

devolve on the Vice-Chairperson, and if he/she too is absent, upon the

Secretary;

7.3 The Chairperson is responsible for liaising with external stakeholders;

7.4 The Chairperson shall submit a report on the Association’s activities over

the past year to the Annual General Meeting;

7.5 The Chairperson may convene a meeting of the Committee whenever

he/she deems it necessary;

8. Duties: Vice-Chairperson

8.1 To assume the duties of the Chairperson in his/her absence; and

8.2 The Vice-Chairperson is responsible for coordinating a subcommittee.

9. Duties: Secretary

9.1 The Secretary of the Association shall have charge of the Association’s

record and Minute Book

9.2 The Secretary shall keep minutes of all meetings of the Association and

the Committee;

9.3 The Secretary shall conduct the correspondence of the Association;

9.4 The Secretary shall give due notice of all meetings of the Committee and

the Association;

9.5 The Secretary shall keep a copy of the Association’s Constitution, as

amended from time to time, in the Minute Book; and

9.6 The Secretary is responsible for coordinating a subcommittee.

10. Duties: Treasurer

10.1 The Treasurer of the Association shall be responsible to the Executive

Committee for all the income and expenditure of the Association during

his/her term of office;

10.2 The Treasurer shall be entitled to draw upon the accounts of the

Association;

10.3 The Treasurer shall provide the Secretary with the statement of income

and expenditure referred to above; and

10.4 The Treasurer is responsible for coordinating a subcommittee.

11. Duties: Additional Member

11.1 In the absence of the secretary or the treasurer, the additional

member will take on the responsibilities of either office; and

11.2 The Additional Member is responsible for coordinating a subcommittee

12 Subcommittees

The following sub-committees shall be formed:

12.1 Staffing, Recruitment and Promotion;

12.2 Curriculum development, Postgraduate Programmes and Student

Mentorship;

12.3 Research, Ethics and Postgraduate affairs;

12.4 Media, Documentation and Communication.

13 Meetings

13.1 A meeting of the Association may be either the Annual General Meeting,

a general meeting or a special meeting;

13.2 All meetings shall be well advertised;

13.3 A special meeting shall be convened at the written request of at least a

quorum of the members of the Association or by the Executive

Committee;

13.4 The request to convene a special meeting shall state the business to be

considered at the meeting;

13.5 At least seven days notice shall be given of the date of a special meeting;

13.6 The request to convene a special meeting shall state the business to be

considered at the meeting;

13.7 All meetings of the Association shall be presided over by the Chairperson

of the Association;

13.8 In the absence of the Chairperson, the meeting shall be presided over by

the Deputy-Chairperson, or in the absence of both the Chairperson and

the Deputy-Chairperson by the Secretary;

13.9 In the event of all persons referred to above being absent from the

meeting, it shall elect its’ own presiding officer;

13.10 The presiding officer at any meeting shall have both a deliberative and a

casting vote;

13.11 Except where otherwise provided in this Constitution, the quorum for any

meeting shall be one fifth of the members;

13.12 In the absence of the required quorum at any meeting, the business of

the meeting shall be conducted without the necessary quorum, and the

minutes of such meeting posted on group mail within 7 days thereof.

13.13 Any ten members may, within fourteen days of the date of the meeting,

lodge an objection against any decision taken at such meeting;

13.14 The Executive Committee shall within seven days of receipt of an

objection give notice of a special meeting in order to obtain approval of

the decision against which an objection has been lodged;

13.15 Any decision taken at a meeting conducted in terms of article 13.12 shall

be effective only:

13.15.1 if no objection thereto is lodged, after the elapse of

seven days from the date of the meeting;

13.15.2 if an objection thereto is lodged, when the decision has

been approved at the meeting convened in terms of

article 13.14

13.16 Any objection lodged in terms of article 13.13:

13.16.1Shall be lodged within the stated period of time or the right to

object shall elapse;

13.16.2Shall succinctly set out the grounds of objection.

13.17 Only ordinary members of the Association may vote at any meeting;

13.18 Voting shall be by show of hands, or, if the meeting so decides, by ballot,

or by Internet;

13.19 No voting may be affected by proxy;

13.20 Except where otherwise provided in this Constitution all matters

determined by a vote shall be decided by a majority of those present and

voting;

13.21 The provisions of this section shall also apply, mutatis mutandis, to

meetings of the Executive Committee of the Association.

13.22 The Annual General Meeting of the Association shall be held once a year

after registration;

13.23 The Executive Committee for the ensuing year shall be elected at the

Annual General Meeting;

13.24 At every Annual General Meeting the following reports shall be presented

to the meeting:

13.24.1. The Chairperson’s report on the activities of the Association

over the past year; and

13.24.2The Treasurer’s report on the financial state of the Association.

14. Affiliation

14.1 The Association may be affiliated for a period not exceeding one year at

any time to any body if such affiliation could assist it in pursuing and

attaining its objectives;

14.2 Only a member of the Association may be its delegate to any body to

which it is affiliated.

15 Amendments and Dissolution

15.1 This Constitution may be amended, the name of the Association may be

changed and the Association may be dissolved by resolution of two-thirds of

the members present at a General Meeting.

15.2 At least twenty-one days’ notice of the Meeting stating the nature of the

resolution to be proposed must be given to all the members of the Association.

16. Indemnity

16.1 Subject to the provisions of any relevant law, members, office-bearers or

appointed delegates of the Association shall be indemnified by the Association

for all acts done by them in good faith on its behalf.

16.2 Subject to the provisions of any relevant law, no member of the Association or

appointed delegates shall be liable for the acts, receipts, neglects or defaults of

any other member or office bearer, or for any loss, damage or expense

suffered by the Association, which occurs in the execution of the duties of his

or her office, unless it arises as a result of his or her dishonesty, or failure to

exercise the degree of care, diligence and skill required by law.

Signed by BAC Chair: