Referendums

 

What is a Referendum? 

A Referendum is a direct vote of the students on a key decision or policy of the Union. All students have the chance to vote in any referendum and can vote 'Yes' , 'No' or 'Abstain'. Once a referendum happens MSU must follow the decision taken by the student population.

 

What types of Referendum are there? 

The MSU Constitution outlines all types of referendums;

A referendum of all the members of the Union shall be the supreme authority on all matters relating to the government and policy of the Union.

There shall be three categories of referendum, namely:

  1. Constitutional Referendum;
  2. Policy Referendum; and
  3. Impeachment Referendum.

 

A Constitutional Referendum shall be the only means by which the articles of this Constitution may be amended.
A Constitutional Referendum shall be held to have been approved by the membership of the Union if:

  • a majority of the votes cast at such referendum shall have been cast in favour of the proposal, and
  • not less than 7.5% of the membership of the Union shall have voted in such referendum.

A constitutional amendment or new constitution approved in a Constitutional Referendum shall remain in effect until altered or replaced by a further Constitutional Referendum or as outlined in the original referendum.

 

A Policy Referendum shall be called to set or amend the policy of the Union in relation to a particular issue or a related set of issues, or to set aside a policy set in a previous Policy Referendum.
While in effect, a policy set in a Policy Referendum shall be binding on all officers and bodies of the Union, subject to the provisions of this Constitution and the law.
No Policy Referendum shall be officially recognised by the Union if the referendum is in relation to a topic within the competencies of the Board of Trustees.

  • A policy approved in a Policy Referendum shall remain in effect until set aside/ amended by a further Policy Referendum or as outlined in the original referendum.
  • A policy referendum that affiliates the Union with another organisation shall be called by the Returning Officers in accordance with regulations issued by the Electoral Commission.

 

An Impeachment Referendum shall be the only means for the vacation of the office of any
member of the Executive other than:
i  death,

ii  resignation, or
iii  permanent incapacity,
(a) The Board of Trustees is responsible for deciding if a member of the Executive is permanently 
incapacitated.

2 1°  A proposal by direction to call an impeachment referendum against any member of the Executive 
shall not be entertained by the Student Senate unless upon a notice of motion in writing signed by 
not less than two-thirds of the members of the Student Senate.

i   No such proposal shall be adopted by the Student Senate save upon a motion of the Student 
Senate supported by not less than two-thirds of the total membership thereof.
2° When a charge has been preferred by direction, the Disciplinary Committee of the Board of 
Trustees shall:

i  investigate the charge, or

ii  cause the charge to be investigated.

3° The member of the Executive that is subject to the charge shall have the right to appear and to 
be represented at the investigation of the charge.

i   The Union shall not be liable for any costs associated with the representation of the member of 
the Executive that is subject to the charge, save those costs awarded by a court or tribunal of 
lawful jurisdiction.
4° After the charge of stated misbehaviour has been investigated, the Speaker of the Student Senate 
shall receive the report of the Disciplinary Committee of the Board of Trustees and shall either:
i Facilitate a discussion and vote on the notice of motion, if the Disciplinary Committee has found the charge(s), or part thereof, have been sustained and that the stated misbehaviour was such as to render the member of the Executive unfit to continue in office; or
ii Postpone indefinitely the notice of motion without discussion and vote, if the Disciplinary Committee has found the charge has not been sustained or that the charge(s), or part thereof, have been sustained but that the stated misbehaviour was not such as to render the member of the Executive unfit to continue in office.
5° If the notice of motion in paragraph i of subsection 4° of this section is adopted by the Student Senate at a validly called and quorate meeting with the support of not less than two-thirds of the members present an Impeachment Referendum may proceed.
3 Any person who has been impeached shall be barred from standing for election in the Union for a period of three years from the date of impeachment. This provision shall overturn all electoral mandates.