Moshi Co-operative University (MoCU)

Centre of Excellence in Co-operative

Education and Practice.

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 FACULTY OF LAW

MoCU-LASO CONSTITUTION, 2010 [CAP 1 RE 2013]

PREAMBLE

Foundation of the Constitution

WHEREAS WE, the students of the Faculty of Law members of MoCU -LASO have firmly and
solemnly resolved to revive and lay, the foundation of a new democratic society based on
students.

DETERMINED to continue with the task of maintaining duty and improving standards of
conduct and learning of the legal professional and facilitating the acquisition of legal knowledge
by members of the society and in particular carter for students academic, professional and social
matters in order to strengthen the society.

CONVICTED of the importance of MoCU-LASO in promotion of academic and social activities

of Law community at the University with a …………

RECOGNIZING our right to freedom of association, expression and participation in public

affairs as provided by the Constitution of the United Republic of Tanzania.

HAVE RESOLVED to strengthen our cooperation and construction of lawyers’ unity in

continuation of our struggle against ignorance, poverty, laziness and diseases and in pursuit of
truth towards the development of our legal profession.

NOW THEREFORE, This Constitution is enacted by the constituent committee of the MoCU -
LASO as then was on behalf of the Faculty of Law members and has been amended by
Constitution Review Committee of MoCU -LASO for the purpose of building our society and
ensuring the society is governed by well defined principles.

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INTERPRETATION

CHAPTER ONE

MoCU -LASO, ESTABLISHMENT, OBJECTIVES AND FUNCTIONS

PART I

MOSHI CO-OPERATIVE UNIVERSITY (MoCU) LAW SOCIETY ESTABLISHMENT

ARTICLE I: NATURE OF THE SOCIETY, ESTABLISHMENT & JURISDICTION

(1) Moshi Co-operative University (MoCU)Law Society is an independent, civil society, non-
profiting, non-political, Academic and Professional Society of Law students of the Moshi
Co-operative University (MoCU)
(2) The jurisdiction MoCU-LASO is in all Academic and social matters concerning students
registered at the Faculty of Law, Moshi Co-operative University (MoCU) and shall
exercise jurisdiction in the whole area wherever Law student is found in the territorial
jurisdiction of the Moshi Co-operative University (MoCU).

PART II

OFFICE, LANGUAGE & CORRESPONDENCE

ARTICLE 2

(1) The office of MOCU-LASO shall be at the place prescribed by the Dean of Faculty of
Law at Moshi Co-operative University (MoCU).
(2) The official language of MOCU-LASO shall be English and or Kiswahili.
(3) (a) For the purpose of efficient discharge of the functions of MOCU-LASO and
communication, all correspondence with MOCU-LASO shall be channeled through the
President and/or Secretary General’s office through contacts that may be provided from
time to time.
(4) (b) Without prejudice the provision of Article 2(3)(a) of this constitution any
communication or other discharge made by any person or anybody without the President
and or Secretary General will be null and void.

ARTICLE 2A LEGAL STATUS

MOCU-LASO shall be a student organization at the Faculty of Law under the Patronage of the
Dean of Faculty of Law and shall be capable of purchasing, holding, alienating, managing and
disposing of any property whatsoever, whether movable or immovable and whether by way of

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investment or otherwise by contract as may be necessary and expedient for the proper
performance of its functions under this constitution but shall not be sued in its own name.

PART III

OBJECTIVES OF MOCU-LASO

ARTICLE 3

(1) Objectives of MOCU-LASO shall be:

a) The promotion and maintenance of academic and social matters of Law students.
b) Enhancing the thinking capacity and eventual confidence to communicate by speech
through moot court, seminars and symposia.
c) To build solidarity of Law students and carrier development.
d) To develop research and talents of writing and dissemination of knowledge through
Law Journal and other literatures.
e) To add knowledge to students and the public at large through public lectures,
seminars, moot courts, public discussion and symposia within and outside of the
university.
f) To promote and maintain fraternal relations between Law students, their lecturers,
non-academic staff and students of Law from other institutions within and outside
Tanzania.
g) To help build and improve the standard of, and conduct and learning of legal
profession and facilitate the acquisition of knowledge by various means.
h) To do all other things which are incidental or conductive to the attainment of the
foregoing objectives or any of them.

ARTICLE 4: FUNCTION OF MOCU-LASO

(1) The function of MOCU-LASO shall be as follows:

(a) To link Law students and staff members of the Faculty of Law by maintaining regular
communication and feedback system.
(b) To make a follow-up on students’ day to day activities in classes, condemn
misbehavior, encourage students in reading and solving academic problems facing
members.
(c) To help in the approval of examination results as Board members through Class
Representatives of MOCU-LASO.
(d) To initiate sponsorship or undertake activities for the benefit of Law students.
(e) Organization of moot courts, seminars, panel discussions and lecturers.
(f) To issue various publications including journals.

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 (g) (i) To mobilize and collect funds and/or fees from its members and other all
stakeholders so as to carry out its functions and achieve its goals.

(ii) Without prejudice provision of Article 4(g)(i) the membership fee will be the
amount prescribed by members to be fit at that time.

(h) To invite dignitaries to interact with Law students in various ways according to the
University policy and the students’ by-laws.
(i) To defend its members, where necessary, in any case whether criminal or civil or
disciplinary and to ensure fair trial and hearing.
(j) To perform any other duty or duties incidental to or consequential upon the activities
of a civil society.

CHAPTER TWO

PART I

MEMBERSHIP AND ADMISSION OF MEMBERS

ARTICLE 5: MEMBERSHIP

The membership of the society shall consist of the following:

(a) All Moshi Co-operative University (MoCU)Law students;

(b) All persons elected as honorary members of the society;

ARTICLE 6: ADMISSION OF MEMBERS

(1) Every student admitted at Moshi Co-operative University (MoCU)and registered in the
Faculty of Law shall be a member of Moshi Co-operative University (MoCU)Law Society
by virtue of registration subject to conditionally thereto.
(2) Every staff member who by virtue of being such staff in the Faculty of Law, Moshi Co-
operative University (MoCU)society.
(3) Every person who the Executive Committee shall propose and grant honorary
membership, shall be a member of Moshi Co-operative University (MoCU) society and
shall not be subject to vote/voted and not obliged to pay subscription fee.
(4) Admission to the society shall be done through filling special registration forms.
(5) MOCU-LASO EX-COM shall maintain the registry of her members.
(6) For the purpose of better performance of MOCU-LASO goals, activities and active life of
the society as well as being entitled to the rights and duties provided for under this

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 constitution, payment of membership fees shall be a determining factor for the purposes
of realizing one’s rights and privileges in the society.

PART II

RIGHTS OF MEMBERS

ARTICLE 7

(1) Every member shall have the right to participate at the Annual General Meeting and
Vote.
(2) Every member shall have the right to elect and be elected at the Moshi Co-operative
University (MoCU)Law Society general election.
(3) Every member who has paid his/her subscription fee shall have the right to question, be
informed and inspect the records of Moshi Co-operative University (MoCU)Law Society
as provided under the MOCU-LASO Constitution.
(4) Every member shall have the right to discuss on various policy, vision and direction of
Moshi Co-operative University (MoCU)Law Society.
(5) Every member shall have the right to petition/propose to Moshi Co-operative University
(MoCU)Law Society for amendment of the Constitution.
(6) Every member shall have the right to appeal to the Patron on any matter affecting
him/her.
(7) Every member shall have the right of Expression.

ARTICLE 8: DUTIES OF MEMBERS

(1) Every member shall have the duty to pay annual subscription fee of MOCU-LASO which
is to be deposited in MOCU-LASO Bank Account No. ……………
(2) Every member shall have the duty to attend meetings called by the MOCU-LASO.
(3) Every member shall have the duty to observe and abide by this Constitution.
(4) Every member shall have the duty to observe and abide by this Constitution.
(5) Every member shall have the right to discuss on various policy, vision and direction of
the MOCU-LASO activities.
(6) Every member shall have the duty to protect and preserve the sanctity of the MOCU-
LASO’ Constitution.
(7) Every member has the duty to respect decisions reached at MOCU-LASO meetings.

ARTICLE 9: CEASATION OF MEMBERSHIP

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 (1) Any member of the society, other than an honorary member, who ceases to be qualified
for membership, shall automatically cease to be a member.
(2) Membership shall cease a year after the successful completion of his or her law
programme at Moshi Co-operative University (MoCU)
(3) Non-fulfillment of obligations including, but not limited to failure to pay membership
fees.

PART VI

PRIVILEGES TO MOCU-LASO MEMBERS

ARTICLE 10: BASIS OF PRIVILEGES

(1) There may be privileges to the active members of MOCU-LASO.

(2) The privileges shall be given on the basis of active membership or participation at any
time or at the end of studies of Law Programme.
(3) Privileges shall be determined from time to time by MOCU-LASO EX-COM in
Consultation with the Executive Council.

CHAPTER THREE

PART I

ORGANS OF MOCU-LASO

ARTICLE 11

1.0 The MOCU-LASO shall have the following organs:

1.1 The Executive Council
1.2 The Electoral Committee
1.3 General Meeting
2.0 The Executive Committee shall consist of 8 members as follows:
2.1 The President of MOCU-LASO from LL.B.1st or 2nd year.
2.2 The Vice-President of MOCU-SO from LL.B.1st or 2nd year..
2.3 General Secretary from LL.B. 2nd year.
2.4 Assistant General Secretary from 1st year.
2.5 Treasurer from LL.B. 2nd year.
2.6 Assistant Treasurer from 1st or 2nd Year.
2.7 Two representatives from members who shall be signatories one from LL.B. 2 nd year
and another from 1st and 3rd year.
3.0 The Executive Committee shall have the following functions in conjunction to the functions
provided by Article 13(5).

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 3.1 To organize the day to day activities of MOCU-LASO.
3.2 To prepare the MOCU-LASO annual budget.
3.3 To organize seminars, moot courts, symposia, debates, public lectures and other
functions for the promotion of the legal profession
3.4 To create policies visions and directions of MOCU-LASO.
3.5 To initiate any program for the fulfillment of MOCU-LASO objectives.
3.6 To represent law student to any function or occasion affecting their academic or
social life.
4.0 The Executive Committee shall have the following powers:
4.1 To adopt any policy, vision or direction for the betterment of MOCU-LASO.
4.2 To hold any fund for the organization of any of its programmes.
4.3 To arrange with any association, or perform for the implementation of MOCU-LASO
objectives.
4.4 To organize any activity or function for the furtherance of MOCU-LASO objectives.
4.5 To issue any statement for the interest of MOCU-LASO.
5.0 The Executive Council will consist the following members:
5.1 All members of Executive Committee.
5.2 One class representative from each class.
5.3 At least two members of staff appointed by Patron.
5.4 Any invited guests, provided they are not more than three.

5.1 Functions of the Executive Council are:

a) To regulate the conduct of Executive Committee and approve their decisions.

b) To approve the expenditure of the MOCU-LASO.

c) To make decisions for MOCU-LASO members through casting of votes (Secret Ballot).

6.0 The Electoral Committee shall consist of the following members:

6.1 The Chief Returning Officer (Dean of Faculty of Law)

6.2 The Chairperson elected by all members of MOCU-LASO from LL.B.

6.3 Members

7.0 Positions and duties of Electoral Committee members

7.1 The Patron of MOCU-LASO shall be the Chief Returning Officer of Electoral

Committee provided that he/she can delegate that power to any member of staff.

7.2 The Chief Returning Officer shall be the top supervisor of the Election Process.

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 7.3 MOCU-LASO General Secretary shall be the Chairperson of the Electoral

Committee, provided that in his absence, the Chief Returning Officer shall appoint any

Member of the Executive Committee to be Chairperson.

7.4 Other members of the Electoral Committee shall be:

 Members of Executive Committee

 All Class Representatives
 Any member of staff appointed by Patron

7.5 Members of the Electoral Committee shall participate fully in the screening of

Candidates, supervising elections and counting of votes as shall be directed by the Chief

Returning Officer

PART II

OTHER ORGANS OF MOCU-LASO

ARTICLE 12: STANDING COMMTTEES OF MOCU-LASO

(1) For the purpose of decentralization and public participation, MOCU-LASO shall have
Standing Committees for the better performance of its activities, each of which shall be
headed by one member of the Executive Committee.
(2) The Standing Committees are:-
(i) Fund Raising and Procurement Committee which shall be under the Treasurer
and his/her Assistant Treasurer.
(ii) The Secretariat, which shall be under the Secretary General and his/her Assistant
Treasurer.
(3) The composition of the above Committees shall be as follows:
(a) Fund Raising and Procurement Committee: Treasurer and his/her Assistant
Treasurer and two members appointed by the Executive Committee one from main
Campus and another form Tanga centre.
(b) The Secretariat: The Secretary General, Assistant Secretary General and 2 members
appointed by the Executive Committee one from Tanga centre and another from main
Campus.
(4) Two-third of victim members shall be eligible to order the President to summon and/or
establish the Inter-Leadership Academic Committee immediately which shall be ad hoc
and shall meet on ad hoc basic to deliberate on serious academic and professional

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 matters of students and subject to the consultation with Executive Committee shall decide
on its composition.
(5) The following will be the function of the Standing Committees.
(i) The Secretariat shall be responsible for organization, correspondence and
coordination of other committees in respect of MOCU-LASO matters.
(ii) Fund Raising Committee shall be responsible for organization, procuring and
management of MOCU-LASO funds.
(iii) Social Matter Committee will be responsible for activities such as entertainment,
get together active preparation, funeral ceremonies and matter incidental to.
(6) Members of the Standing Committees shall apply for those posts during general election
and their appointment shall be done by the Executive Committee after considering their
Curriculum Vitae and eligibility.
(7) Committee members and their heads of Committee may be removed from office upon
failure to discharge their duties or attend meetings three times without excuse and
together shall be bound to respect their heads that shall be responsible for their acts.
Committees shall work as Ministries under Ministerial Responsibility.
(8) Executive Committee members shall respect each other according to their rank or
seniority in the hierarchy under the doctrine of primus inter pares.

Provided that nothing shall prevent the Executive Committee or President from forming any sub-
committee for the proper performance of MOCU-LASO activities on ad hoc basis.

PART III

CLASS REPRESENTATIVES, ELECTION AND DUTIES

ARTICLE 12A

1. All Class Representatives shall be elected basing on their ability, self expression,
confidence and effective representation and any other factor as the class may deem fit.
2. Each class shall present the two names to MOCU-LASO Secretary on equal gender
representation.
3. Class representatives are specific representatives of their classes to MOCU-LASO and
Faculty meetings whereas MOCU-LASO is the general coordinator of all class
representatives’ activist and students at large.
Provided that, nothing in this Constitution shall be interpreted as to entitle class
representatives not to be responsible to MOCU-LASO Council and Members as well.
4. Class representatives shall perform their functions in conformity with this Constitution
and members of his/her class may remove their representative(s) if they are satisfied that
they or he/she is not representing them well; and they may also lodge a complaint to the
MOCU-LASO Executive Committee which shall enquire and advice accordingly.

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CHAPTER FOUR

MEETINGS

PART I

EXECUTIVE COMMITTEE MMETINGS

ARTICLE 13

1. (1) Members of Executive Committee shall meet at least twice in a Semester. If first
Executive Committee is held at main Campus the other shall be held at Tanga centre.
(2) The quorum of the Executive Committee meeting shall be half of its members.
(3) The President of MOCU-LASO shall chair the meeting. In case of his absence the Vice
President, or any other person chair according to seniority.
(4) The decision in the Executive Committee meeting shall be by simple majority.
(5) Functions of Committee Meeting are:
(i) To organize the day to day activities of MOCU-LASO.
(ii) To review policies and propose changes if necessary, of MOCU-LASO.
(iii) To propose the amendment of this Constitution.
(iv) To prepare the annual budget of MOCU-LASO.
(v) To prepare a report of the performance and operations of MOCU-LASO.
(vi) The President or Secretary General shall convene Executive Committee Meetings.

PART II

EXECUTIVE COUNCIL MEETINGS

1. (1) The Executive Council shall meet at least once in a Semester.

(2) The quorum of the Executive Council Meeting shall be half of its members.
(3) The President of MOCU-LASO shall chair the Executive Council meetings. In his
absence, any member of the Executive Committee may their according to seniority.
(4) The decisions of the Executive Council shall by absolute majority. Absolute majority
means 2/3 of the present members who have power to vote.
(5) The following shall be the powers and functions of the Executive Council Meetings:
5.1. To discuss any agenda proposed by the Executive Committee.
5.2. To discuss the amendment of this Constitution where necessary.
5.3. To assent to any policy, vision or direction of the society for betterment of Law
Students Law day.
5.4. To discuss any proposal for the impeachment of any member of Executive Committee
as shall be directed by the Patron/Matron.
5.5 To discuss any matter which needs to go ahead for the prosperity of society.

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 (6) President or Secretary General shall convene Council Meeting.

PART III

GENERAL MEETING

1. (1) General Meeting shall be held once annually.

(2) The quorum at the Annual General Meeting shall be ½ of all MOCU-LASO members.
(3) The President of MOCU-LASO shall chair the meeting in case of his absence, any
member of the Executive Committee can chair provided that should be the senior among
the members present.
(4) The decision during the General Meeting shall be by simple majority.
(5) (a) The General Meeting (Assembly) shall compose all members of MOCU-LASO.
(b)Functions and powers of General Assembly shall be as provided for in this
Constitution.

(6) The following shall be the functions and powers of the General Meeting.

(i) To evaluate the performance of MOCU-LASO

(ii) To approve the amendment of the Constitution.

(iii)To discuss matters affecting Law students academically and socially.

(iv) To discuss and approve various policies, visions and directions for the future of
MOCU-LASO.
(7) The President or Secretary General shall convene the AGM.

THE ELECTORAL COMMITTEE MEETINGS

1 (1) The Electoral Committee shall meet as the Chief Returning Officer shall deem fit.

(2)However, during screening, election and counting votes the Electoral Committee shall be
completely autonomous.

(3) The Chairperson of the Electoral Committee shall chair all the meetings of the Committee, in
his absence; the Chief Returning Officer may appoint any member of the Executive Committee
for that purpose.

(4) The decisions in the Electoral Committee shall be determined by the Chief Returning Officer.

(5) The functions of the Electoral Committee shall include:

(i) To declare leadership post for MOCU-LASO.

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 (ii) To short list successful members for screening.

(iii) To screen leadership candidates.

(iv) To supervise MOCU-LASO election.
(v) To count votes and declare election results.
(6) Patron/matron by virtue of his portfolio shall be the Chief-Returning Officer of the
elections and shall announce the election results.
(7) Appeals in the electoral process shall lie to the Chief-Returning Officer of the Electoral
Committee.
(8) The Chairman or Secretary of the Electoral Committee shall convene the Electoral
Committee meetings and set in motion the electoral process after consultation with the
Patron.

CHAPTER FIVE

EXECUTIVES OF MOCU-LASO

PART 1

THE PRESIDENT

(1) There shall be a President of MOCU-LASO who shall be the head of MOCU-LASO
Executive Committee, MOCU-LASO Council and the spokesman of the society and in
particular shall:
(i) Be the Chairman of all MOCU-LASO meetings.
(ii) Be an overall in-charge of all MOCU-LASO activities.
(iii) Have power to appoint, subject to the Executive Committee’s approval, members
to various posts and Committees.
(iv) Perform all duties and functions of MOCU-LASO.
(v) Be responsible to the Council.
(2) The President shall be elected in accordance with the provisions of this Constitution,
subject thereto, with the rules or regulations promulgated by the MOCU-LASO Council
pursuant to the provisions of this Constitution regulating elections.
(3) A person shall be qualified to be nominated for election as President if and shall not be
so qualified unless he or she:-
(a) Is a student of the Moshi Co-operative University (MoCU)registered in the Faculty of
Law
(b) Has paid all MOCU-LASO fees continuously.
(c) Is an active member by participation in MOCU-LASO activities
(d) A person shall not be eligible to be elected President save only if he or she is a
Second Year student, and whose final GPA year is or above 3.5

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ARTICLE 15: VACANCY IN THE OFFICE OF THE PRESIDENT

(1) Subject to the other provisions of this Constitution, the office of the President shall be
vacant and election of the President shall be held or that vacancy shall be filled
otherwise in accordance with this Constitution as the case may be upon the occurrence of
any of the following events.
(a) Resignation
(b) Death
(c) Impeachment by MOCU-LASO
(d) Discontinuation from studies
(e) Any other event or occurrence that may lead to the office of the President being
vacant.
(2) Any person who holds the office of the President shall not be eligible for re-election.
(3) Candidate shall be declared duly elected President only if he or she has obtained more
votes that other contestants.
(4) A person assuming the office of the President shall, before taking office, take and
subscribe to the oath of allegiance and such oath for the due execution of his office as
may be prescribed by MOCU-LASO.

ARTICLE 16: TENURE OF THE PRESIDENT

(1) The President shall, unless his office becomes vacant by reasons prescribed under Article
15(1) of this Constitution, continue to hold office for the period of one academic year
from the date he or she was elected until a newly elected or appointed President is sworn.
(2) Notwithstanding the provisions of the Article 16(1) of this Constitution, a newly elected
President pursuant to Article 15(1) of this Constitution shall hold office until the end of
tenure of the former President.
(3) In the event the office of the President is vacant, the duties and functions of the President
shall be discharge by one of the following in the order specified.
(i) Vice President
(ii) The Secretary General
(iii) The Assistant Secretary General
(4) Members deputizing the position of the Presidential under Article 16(3) above shall cease
to discharge those duties and functions immediately after that other person preceding
him or her returns and assumes the discharge of the Presidential duties and functions.
(5) The MOCU-LASO may pass a resolution to remove the President from office if a motion
to impeach him or her is moved and passed in accordance with the provisions of Article
18 of this Constitution.

PART II: VICE PRESIDENT

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 (1) He/she is the Presidential candidate whose votes were next below those obtained by the
President; functions are the same like those of President only he/she works on behalf of
the President where the President is absent.
(2) He/she must be law student from Tanga centre.

PART III

ARTICLE 17: THE SECRETARY GENERAL

(1) There shall be a Secretary General who shall be elected by MOCU-LASO members, and
who shall be the Principal of MOCU-LASO generally from either main Campus or Tanga
centre depending on generally votes obtained during General Election and the candidate
next below becomes Assistant Secretary General automatically.
(2) Functions of Secretary General
(a) Assist the President in making a follow up on the day to activities of MOCU-LASO
and its implementation.
(b) Perform all the duties assigned to him by the Constitution.
(c) Perform all the duties of the President when the President and Vice President absent
for any reason.
(d) Be answerable to MOCU-LASO in respect of any matters or functions assigned to
him.
(e) Have power to delegate his duties to the Assistant Secretary General and/or assign
any Executive Committee member other than the President, MOCU-LASO duties.
(f) To maintain, preserve and protect all documents and records of MOCU-LASO
including, but not limited, to the Constitution of MOCU-SO.
(3) Without prejudice to the provisions of Article 18, the Secretary General shall be elected
in the same election.
(4) The Secretary General shall be elected in the same election.
(5) Subject to Sub-Article 5, the Secretary General shall hold office for a period of one
academic year from the date he or she is elected.
(6) The Secretary General shall hold office until;
(i) His or her tenure expires
(ii) His or her death
(iii) He or she is removed from office following his or her impeachment by the
MOCU-LASO in accordance with the provisions of Article 18 of this Constitution.
(7) The MOCU-LASO shall have the same power to remove the Secretary General from
power as it has to the President subject to Article 18 of this Constitution. Provided that,
on the removal of the Secretary General, his Assistant shall hold office until the end of
the tenure of the Executive Committee.

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ARTICLE 18: ASSISTANT SECRETARY GENERAL

(1) He/she is the Secretary General candidate whose votes were next below those obtained
by the Secretary General; functions are the same like those of Secretary General only
he/she works on behalf of the Secretary General where the Secretary General is absent.
(2) He/she must be law student from Tanga centre.

ARTICLE 19: MOTIONS TO IMPEACH MEMBERS OF EXECUTIVE COMMITTEE

(1) No motion to impeach any member of MOCU-LASO Executive Committee shall be moved
save only it is alleged that he or she;
(a) Has committed any act which violates any provision of this Constitution.
(b) Has conducted himself in a manner which lower the esteem of his office or MOCU-
LASO such as:
(i) Corruption
(ii) Embezzlement of MOCU-LASO funds
(iii) Misuse of MOCU-LASO property
(iv) Non-discharge of his functions
(v) Breach of oath and or Code of Ethics
(vi) Any other grave misconduct

Notwithstanding the provision of Article 18 above, the motion to impeach any

Executive Committee member shall be entertained only if he or she has been warned
or reprimanded twice by MOCU-LASO Council through the Patron/Matron.

(2) The provision of this Article shall apply to the following Executive Committee’s only:
(a) The President
(b) The Vice President
(c) The Secretary General
(d) The Assistant Secretary General
(e) The Treasurer
(f) The Assistant Treasurer
(g) Signatories
(3) On the occurrence of any of the event stipulated under Article 15(1) and/or upon
successful of the President, for the purpose of saving cost and time, the MOCU-LASO
Vice President shall perform all Residential functions until the end of the term according
to Seniority.
(4) MOCU-LASO Council may at any time, pass a motion to impeach any Executive
Committee member supported by 2/3 majority upon the fulfillment of the following:-

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 (a) The motion of impeaching that Executive Committee member has been passed by
1/3 of MOCU-LASO Council is presented to the Patron/Matron 14 days prior to
the sitting at which such a motion is intended to be moved.
(b) On receipt of the petition, the Patron/Matron found a special impartial Committee
of Inquiry to probe the issue.
(c) The Committee shall probe the issue and submit a written report of its findings
and recommendations to the Patron/Matron within 7 days.
(d) The Patron/Matron shall inform the MOCU-LASO Executive Committee member
of allegations and offer him an opportunity to be heard by the Council.
(e) The MOCU-LASO shall vote to decide his fate a decision which shall be reached
by 2/3 majority.
(f) Upon successful impeachment the Executive Committee member shall cease to
hold office and the provisions of this Constitution shall apply.
(5) Upon successful impeachment, the President or any Executive Committee member so
impeached shall lose all rights and privileges accruing to him/her as a result of his
impeachment.

PART III

ARTICLE 20: ASSISTANT SECRETARY GENERAL

(1) There shall be an Assistant Secretary General who shall be the Principal Assistant to the
Secretary General in respect of all matters concerning the MOCU-LASO and in
particular, he/she shall:
(a) Assistant the Secretary General in discharge of day to day activities of MOCU-LASO
and shall perform his duties under the direction and supervision of the Secretary
General, and subject to the other provisions of this Constitution shall be accountable
to MOCU-LASO.
(b) Keep all records of MOCU-LASO activities, preparation of agenda, letters, minutes
and correspondence of MOCU-LASO.
(c) Perform all duties and functions of the Secretary General, when the former is out of
office, campus or impeached.
(2) The Assistant Secretary General shall be elected in the same way and election, as the
Secretary General and shall assume office the same day as the Secretary General upon
taking an oath of allegiance.
(3) The Assistant Secretary General shall hold office as provided for the tenure of Secretary
General under Article 17(5), provided that the removal of the Assistant Secretary
General shall follow procedures stipulated under Article 18 of this Constitution.

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 (4) The Secretary General and the Assistant Secretary General shall be the Principal
Executives of MOCU-LASO and shall be responsible:-
(a) To work out a programme for MOCU-LASO Executive Committee mmetings and
prepare the agenda for each meeting.
(b) To record minutes and maintain a record of Executive Committee meetings.
(c) To notify and explain the decisions and functions of Executive Committee to any
student or public institution, NGO or private CBO’s affected by any such decision.
(d) To discharge any other duties and functions as shall be directed from time to time by
the MOCU-LASO Executive Committee and the Council.

PART IV

ARTICLE 21: MOCU-LASO TREASURER

1. There shall be the Treasurer of MOCU-LASO who shall be elected by MOCU-LASO

members from amongst the members of MOCU-LASO through General elections.
2. He has to discharge his duties in consultation with Assistant Treasurer who must be law
student from Tanga centre.
3. The Treasurer shall be responsible for all financial matters and assets of MOCU-LASO.
4. The Treasurer shall have powers and duties:-
(a) To mobilize funding activities of MOCU-LASO
(b) To consult the Executive Committee
(c) To publish financial statements of the society as well as to account for its expenditure
after consultancy with the Executive Committee.
(d) To collect funds from members, donors and sponsors.
(e) To keep all financial records and supervise all financial matters of the society.
(f) To run the MOCU-LASO Account and prepare MOCU-LASO budget for each
financial year.
(g) To run the MOCU-LASO Account and prepare MOCU-LASO budget for each
financial year.
(h) To discharge all other functions incidental to MOCU-LASO Executive Committee.
5. The Treasurer shall cease to hold office if he/she is removed from office as provided for
under Article 18 of this Constitution.
6. The tenure of the Treasurer shall be the period of one academic year from the date he/she
is worn, unless he/she is appointed as a result of the events stipulated under Sub-Article 7
below:
7. The office of the MOCU-LASO Treasurer shall fall vacant upon the occurrence of any of
the following:-
(a) Resignation from office
(b) Death

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 (c) Impeachment
(d) Discontinuation from studies
(e) Any other event

PART V: ASSISTANT TREASURER

ARTICLE 22

(1) He/she must be law student from Tanga centre.

(2) He/she has to exercise all functions/duties the same as Treasurer at Tanga centre.

PART VI

ARTICLE 23: MOCU-LASO PATRON/MATRON

1) There shall be and it is hereby established the office of the Patron/Matron of MOCU-
LASO who will be the Dean or any person appointed by the Dean of the Faculty of Law,
who shall be a senior member of the academic staff.
2) Subjected to the functions assigned by the Dean from time to time and MOCU-LASO
activities, the Patron/Matron shall be responsible for MOCU-LASO leaders and give any
active support he or she deems fit for the betterment of the members.
3) The patron shall be the principal guardian and supervisor of all MOCU-LASO activities
and among other things, he shall:-
(i) Advice MOCU-LASO Executive Committee on the day to day functions of MOCU-
LASO on his own motion or when requested to do so by MOCU-LASO.

(ii) Receive and give advice on all reports on all MOCU-LASO activities.

(iii)The advice of Patron/Matron may be binding on MOCU-LASO, provided that nothing

shall prevent the Patron/Matron from summoning the Executive Committee to have a
meeting with him, to account for their activities or anything else he/she deems fit for the
betterment of the society.

(iv) Be responsible for disciplinary matters and appeals resulting from MOCU-LASO.
(v) Perform any duty incidental or consequential to MOCU-LASO activities.
4) MOCU-LASO shall send reports of its plans, implementation, correspondence and
problem of a serious nature to him.
5) The Patron/Matron may request the Faculty Accountant/Bursar to audit or inspect the
financial records of the society where he suspects that there is a misuse of funds or after
receiving complaints from the members.

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 6) The Patron/Matron shall provide useful information to the society and any relevant
material needed to enable members benefit from and shall strive to make sure that the
society achieve its goals by using all means to make sure it survives.

CHAPTER SIX

FINANCIAL AND ASSETS MANAGEMENT

PART I

FINANCIAL MATTERS

ARTICLE 24: SOURCES OF FUNDS

1. MOCU-LASO funds shall be obtained from:

(a) Annual subscription fees
(b) From non-members and any other persons including but not limited to organization,
corporations, partnerships, trusts, any activity or function that shall be done solely by
MOCU-LASO or in collaboration with any person or persons, being legal or natural
that shall yield income.
(c) Financial assistances, gifts, grants, donations plus those that shall be given for
special purposes.
(d) Any other source that shall be deemed fit so as to accomplish MOCU-LASO
objectives and functions as set forth in PART II and III of Chapter One of this
Constitution.
(e) No salary, pension or other social benefits shall be paid to MOCU-LASO leaders but
there shall be allowance in accordance with the circumstances.

ARTICLE 25: APPLICATION OF THE MOCU-LASO

(a) The MOCU-LASO funds and properties when so ever derived shall be applied solely
towards promoting the objectives and function of MOCU-LASO as set forth in PART
II and III of Chapter One of this Constitution and no portion thereof shall be paid or
transferred either directly or indirectly to any member or members or any person
except in payment of legitimate expenses incurred on behalf of MOCU-LASO.
(b) MOCU-LASO may, by its treasury, engage and make such payment as may be
necessary for the remuneration of the instrumentalists and conductors for any event
organized by MOCU-LASO, solely or in collaboration, in furtherance or its
objectives.
(c) MOCU-LASO may by special resolution make financial regulation to guide the
society on how funds should be used.

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ARTICLE 26: MANAGEMENT OF MOCU-LASO FUNDS

(a) Treasurer must give account to MOCU-LASO members on income and expenditure of the
society.
(b) All funds received or paid to the treasure shall be deposited immediately into a
sustainable bank account in the name of MOCU-LASO.
(c) The signatories to the MOCU-LASO bank account shall be the MOCU-LASO President,
the MOCU-LASO Treasurer, Assistant Treasurer and two signatories one from main
Campus and another from Tanga centre.
(d) Five signatures shall be required for each cheque, the MOCU-LASO President, Secretary
General’s, the MOCU-LASO Treasurer and the two signatories shall sign.
(e) Notwithstanding Article 25(b) above, the Treasurer has the authority of keeping small
amount of money elsewhere in writing in safe custody, for the prompt expenditure of
MOCU-LASO.
(f) All payment shall be done by receipt and any financial transaction shall be recorded in
writing and filed in the file for records.
(g) Any use of money by any society leader shall be accounted to the Treasurer through
filing a special request form or accounting for its use to him.

ARTICLE 27: SPONSORSHIP TO THE SOCIETY

Any sponsor or sponsors deemed necessary for MOCU-LASO shall be of the type, kind and
reputation as shall be deemed fit by the Executive Committee in consultation with the MOCU-
LASO Patron/Matron.

ARTICLE 28: FEES NON-REFUNDABLE

No fees shall be refundable to any member whose membership terminates for any reason.
However, members may, by special resolution, petition to the Dean/Patron in case of suspicion
of the misuse of funds or assets of the society, for the Treasurer to account of the income and
expenditure of the society.

ARTICLE 29: FEES SHALL BE A PRE-REQUISITE

Fees shall be one of the pre-requisite for being a member of MOCU-LASO and shall be paid as
one of the obligations of the members except the honorary members who may, at their discretion,
decide to pay or not.

ARTICLE 30: FEES CRITERIA FOR CERTIFICATION

Payment of all annual fees for as long as a member continues to be member, shall be one of the
criteria through which the member shall at the completion of his/her registered

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course/programme in the Faculty of Law, shall be eligible for getting the MOCU-LASO active
membership certificate.

PART II

ARTICLE 31: ASSETS OF THE SOCIETY

(1) MOCU-LASO may have movable and/or immovable assets that may be obtained from
time to time.
(2) Gifts, prizes, grants, other than those in monetary form, given to the society, shall be
taken care of by the Treasurer and be taken for safe custody in the place as may be
deemed fit by the Executive Committee taking into consideration the nature, quality,
quantity, durability and value of the item or items concerned.
(3) Copies of MOCU-LASO Constitution shall be deposited with the Moshi Co-operative
University (MoCU)Faculty of Law Dean and MOCU-LASO Patron.
(4) Any other person, being or not being a member, may have a copy of MOCU-LASO
Constitution.

CHAPTER SEVEN

MISCELLENEOUS PROVISIONS

ARTICLE 32: RESIGNATIONS

1. Any person holding any office established by this Constitution, may resign by giving
notice in writing and signed by him, in accordance with the following procedures:-
(a) If such person was appointed or nominated by the Electoral Committee, then such
notice of resignation shall be submitted to the chairman of MOCU-LASO.
(b) If such person was elected by vote in a General election, then the notice of
resignation shall be such submitted to the Secretary General, and if it is the Secretary
General himself or the President, then to the Patron/Matron.
2. A person who has given notice of resignation pursuant to the provisions of sub-Article (1)
of this Article, shall be deemed to have resigned from the day the notice of resignation is
received by the person or body of persons concerned and the Executive Committee and
the Patron/Matron is notified.
3. Where a person resigns, then the relevant provisions of this Constitution relating to
election, appointment or replacement or refilling shall apply save only that when the
whole Executive Committee resigns the General election shall be called within 21 days.

ARTICLE 33: RULES OF INTERPRETATION

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 (1) Normal rules of statutory interpretation shall apply. Provided that the interpretation
shall not lead to derogation from MOCU-LASO objectives, student By-Laws any law
establishing the Moshi Co-operative University (MoCU).
(2) This Constitution shall not contravene the provisions of students’ By-Law (2007) as
amended from time to time, rules of natural justice and the Charter establishing Moshi
Co-operative University (MoCU).
(3) For the purpose of strengthening the social welfare within the society, MOCU-LASO will
participate fully in funeral matters of its members and serious illness facing any of her
members.

ARTICLE 34: RECOGNITION AND COOPERATION WITH OTHER ORGANIZATIONS

(1) MOCU-LASO recognizes the presence of other organizations and societies within and
outside the University; therefore, MOCU-LASO aims to participate and cooperate fully
with these organizations for the betterment of its members.
(2) MOCU-LASO recognizes and appreciate the presence of other students’ leaders in the
Faculty of Law, such as those of the University Students’ Organization (MOCU-SO),
therefore, these leaders may be invited to participate in MOCU-LASO meetings as
members of MOCU-LASO too and their decision, opinion or advices are not binding on
MOCU-LASO.
(3) MOCU-LASO understands that leaders mentioned under sub Article (2) of this Article,
their role or function is to take up problems from the Faculty to MOCU-SO for
deliberations and solutions, while problems at the Faculty level will be dealt with solely
by MOCU-LASO as a students’ organization.
(4) MOCU-LASO may enact or formulate regulations and procedures through the Council
for the betterment performance of its activities. These regulations and procedures may be
amended from time in accordance with this Constitution.
(5) The Electoral screening Committee may make regulations on the procedure of
conducting elections, declaring results and appeals.

ARTICLE 35: LEADERSHIP CODE OF ETHICS

(1) There shall be Code of Ethics for leaders of MOCU-LASO which shall be amended by the
Council from time to time as circumstances change which shall be as schedule to this
Constitution.
(2) All disciplinary matters of members and leaders relating to the society shall be dealt with
by the Patron/Matron.
(3) Any matter not expressly covered by this Constitution that concerning MOCU-LASO
members, whether social or academic, shall be construed accordingly as to entitle
MOCU-LASO to deal with it as incidental to miscellaneous provisions.

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ARTICLE 35: SHORT TITLE, ENTRY INTO FORCE, REPEAL & REPLACEMENT

(1) This Constitution may be cited as the Constitution of the Moshi Co-operative University
(MoCU)Law Society herein referred to as MOCU-SO Constitiution.
(2) This Constitution shall come into force after it has been endorsed by submitted to the
Dean for assent, and ratified by the Faculty Board, staff and the Patron/Matron. Its
repeal and replacement shall be done by the absolute majority of all MOCU-LASO
members.

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