THE UNIVERSITY OF THE WESTERN CAPE

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THE UNIVERSITY OF THEWESTERN CAPE

• PRESENTATION TO REGISTRARS IMBIZO RE MANAGEMENT
  OF QUORUM REQUIREMENTS
• APRIL 2009

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STATEMENT OF THE PROBLEM

• Concern was raised at 2008 Imbizo re difficulties
  encountered with attainment of quorums at
  meetings. Guidance was sought re how such matters
  should be dealt with.
• Registrars noted different practices regarding
  this matter and requested further input and
  discussion at the next Imbizo.

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OVERVIEW OF INSTITUTIONAL PRACTICES

• University of Cape Town Proceed with meeting,
  send decisions taken to all members and if they
  do not object, implement decisions
• University of Stellenbosch Proceed with meeting,
  but will have another quorate meeting to discuss
  decisions taken at the inquorate one
• University of Pretoria Re-schedule meeting
  inquorate meetings not legally enforceable
• Nelson Mandela Metropolitan University Proceed
  with meeting if the quorum is short by 1 or 2
  members. Send decisions to all members for
  objection or approval. Note will appear on Agenda
  of next meeting, stating that all members had a
  say in the decision-making by round-robin
• University of Kwazulu Natal Proceed with
  meeting, send decisions taken to all members.
  Implement if they do not object.

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UWC POSITION (current)

• GENERAL QUORUM REQUIREMENTS
• Unless specifically determined otherwise in
  relevant legislation, the Statute of the
  University of the Western Cape, Policies or
  Standing Orders for Committees approved by the
  Council of the university, at least one half plus
  one of the members of any committee constitutes a
  quorum (and therefore a duly constituted meeting
  of such committee).
• LESS THAN ONE HALF PLUS ONE PRESENT AT START OF
  MEETING
• This currently only applies to the Senior
  Appointments Committee of Council
• (SACC) where appointment of Executives and Deans
  have to be dealt with
• within a particular time-frame)
• If less than one half plus one of the members of
  a committee of Council or of Senate is present at
  the start of a duly scheduled meeting, the
  starting time of such meeting is automatically
  delayed by 15 minutes.
• If the number of members of the committee
  present at the delayed starting time as
  contemplated above, constitutes at least one
  third plus one of the members of the committee,
  such number of members will constitute a quorum
  and the meeting of the committee will be deemed
  to be duly constituted.

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UWC POSITION cont.

• LESS THAN ONE THIRD PLUS ONE PRESENT AT MEETING
• If a meeting of a sub-committee of Council cannot
  be constituted in terms of the provisions of the
  above regulations, advice of the committee
  members present at the gathering must be put
  before the Executive of Council or Council,
  whichever meets first, to take decisions on
  behalf of such a committee. Reports to Council
  must indicate that the meeting was inquorate.
• Similarly provisions apply to inquorate meetings
  of Senate sub-committees in which case reports
  are presented to the Executive Committee of
  Senate or Senate for attention.
• NO QUORUM BEING PRESENT
• If committee of Council or a committee of Senate
  can not be properly constituted in terms of above
  quorum requirements, and such committee has to
  deal with urgent matters affecting the day to day
  management of the University, the Rector, after
  having consulted with (a) the Chairperson of
  Council in the case of a committee of Council, or
  (b) a Vice-Rector (Academic) in the case of a
  committee of Senate, may take such decisions
  he/she deems fit in the circumstances.
• In those instances where the Rector has taken a
  decision, he/she must report such decision, as
  well as the rationale for taking such decision to
  an the next meeting of Council or Senate, as the
  case may be.

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FURTHER AMENDMENTS TO THE UWC STATUTE SUBMITTED
FOR APPROVAL

• (Proposed changes underlined in text)
• At all meetings of the council one more than half
  the number of members envisaged in paragraphs
  7.2.1 to 7.2.14 (all members excluding additional
  members) constitutes a quorum., provided that
  if such quorum is lost during the course of a
  meeting such meeting will be deemed to still be
  quorate if the number of members present is not
  less than one third of the members envisaged in
  paragraphs 7.2.1 to 7.2.14 (all members excluding
  additional members), provided further that at
  least one third of such latter number of members
  must be members envisaged in paragraphs 7.2.2
  (ministerial appointees) and 7.2.7 to 7.2.14
  (external members).

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FURTHER AMENDMENTS TO THE STATUTE SUBMITTED FOR
APPROVAL

• (Proposed changes underlined in text)
• At all meetings of the Executive Committee of the
  Council one more
• than half of the members constitute a quorum,
  provided that
• if one more than half of the members are not
  present fifteen (15) minutes after the time the
  meeting was due to start, one-third of the
  members shall constitute a quorum,
• if less than one-third of the members are present
  during the course of the meeting, the meeting is
  deemed to be terminated and no further business
  may be conducted by the members still present,
• no meeting of the Executive Committee of the
  Council may be deemed to be quorate if less than
  two (2) members of the committee not being
  employees or students of the University form part
  of the minimum quorum requirements for meetings
  of the committee.

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FURTHER AMENDMENTS TO THE STATUTE SUBMITTED FOR
APPROVAL

• (Proposed changes underlined in text)
• At all meetings of the Senate one more
• than half one third of the total number of
• members constitutes a quorum, provided
• that members of the Senate who are in the
• employ of the University and who are on
• approved leave are deemed not to be
• members of the Senate for the purpose of
• constituting a quorum.