Matters of constitutionality and legality cannot be discussed without reference to a constitution. I will make reference to the UDS MELSSA CONSTITUTION as I advance my argument.
On Friday, March 3, 2017, the General Assembly of MELSSA constituted a 5-member Audit committee to audit the account(s) of MELSSA and to report to the House in accordance with article 6(i)(a), 6(i)(c), and 12(ii)(c) of the Constitution. The Committee had its first meeting on March 4, 2017 and later submitted its budget to the outgoing MELSSA EXECUTIVES but that budget has not been granted. Notwithstanding that, the Committee diligently continued its work. The committee sent invitation letters to the outgoing Executives (thus the president, Financial Secretary, Health Officer and PRO) inviting them to a meeting in order for them to to give clarifications to some parts of the financial statements but none except the PRO turned up.
It is worth noting that, It is the responsibility of the out going administration to cooperate fully with the Audit committee in order ensure a smooth transition of government. The outgoing president and his executives are supposed help the Audit committee by giving them all the necessary information in order for them to carry out their duty as mandated by the Constitution. This has not been done. Why?
From my checks, the Audit committee Chair wrote to the outgoing president on March 28, 2017, requesting for a General Assembly meeting to enable the committee inform the House about its findings (which is very constitutional) but the president disabused the idea. I was therefore surprising and worrying to see a circular informing students of a handing over ceremony to be held on the 31st of March, 2017, when the Audit Committee have not completed their work. And from the information I gathered, the Executives elect were not even informed before that circular was released.
I believe this is a deliberate constitutional error and a clear violation of the very constitution the president swore an oath to defend. With no malice intended, I draw inspiration from the oath of allegiance I took as a General Assembly member of UDS MELSSA to defend the Constitution at all times.
It is very important for us to understand that the Audit committee in this particular instance is a similitude of a transition team though it is independent. It is supposed to know how much the Association has in it coffers, the assets the Association has acquired and how much they spent in doing so and to provide answers to questions in the financial statements. How can you hand over, If such important details have not been provided? What then are you handing over?
With reference to the following provisions of the UDS MELSSA CONSTITUTION
"ARTICLE
12(i) An Audit Committee shall audit the Association's Accounts each administrative year before the handing over ceremony.
12(ii)b. The Audit committee shall present its report at least two (2) weeks before the Handing over ceremony.
c. The Audit committee shall report directly to the General Assembly.
d. The Audit committee shall be responsible to the Senate
e. Copies of the Audit report shall be made available on the notice board and to the various classes at least ten (10) days before a General Assembly meeting is specifically called for a formal presentation by the Audit Committee, deliberation and subsequent acceptance or rejection by the General Assembly"
....it is obvious that the proposed Handing over ceremony is in clear violation of the Constitution and therefore unlawful. ( I'm not a judge though..)
My suggestion is that the proposed handing ceremony be postponed or a General Assembly meeting be convened today (30th, March, 17) to discuss the Audit Committee findings before the handing over ceremony comes off on the 31th of March, 17.
Thank you!!
.........................................................................
Wumpini Lagfu
( MELSSA G.A Representative, MLS.D 200)
30/03/17
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