Article: Escape Hatch of the SRC, Ninnette Bediako Voices Out

Ninnette Bediako

The Students’ Representative Council for some time now has adopted a dime a dozen attitude in deciding the fate of the students’ body, with abruptness and illegitimacy which does not address the core needs of the students populace.

On 3rd July, 2020, a notice of an Executive Instrument/Act of the SRC surfaced on various social media platforms, WhatsApp notably, claiming to address ‘’right’’ measures in ensuring smooth democratic administration and continuity of the tenure of office of the SRC due to the COVID’19 pandemic. This hasty decision of the SRC to create an interim committee, has led to quite a lot of reactions and responses from diverse angles, identifying conflicting provisions of the supposed Executive Instrument/Act and the 2011 SRC Constitution As Amended.
Amidst this controversy, I attempt to mention the issues and the porous impacts this notice by the SRC will have on the students body, as well as stakeholders and a proposed measure to address the unrest.

• The letter of the SRC president states that, “THE INSTRUMENT MAKES PROVISION FOR AN INTERIM STUDENTS’ REPRESENTATIVE COMMITTEE (ISRC)’’. The attachment to the letter however contradicts what the letter says and states ’’AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN INTERIM COMMITTEE…..’’
I would like to draw the SRC president’s attention to the fact that a single document cannot be an act and an instrument altogether. An act is a written law passed by a legislative body after it survives the legislative committee process and is approved and assented to, by the president, while the executive instrument is a formal legal document which derives its power from an act of parliament.

I have seen a notice on the letterhead of the SRC Judicial Committee directing the SRC Legal Affairs to correct the misnomer and reflect that the supposed law is an Executive Instrument, not an Act of Parliament.

• The action taken by the SRC is illegitimate; the whole reason for wanting to hand over power is because the tenure of office of the 2019/2020 SRC ended on the 30th of June 2020. Meanwhile, the supposed law creating the Interim Committee was released on the 3rd of July 2020, which necessarily implies that this supposed law in a layman’s understanding, lacks legitimacy and is undesirable.

• The next question is about the different provisions addressed in the attachment to the SRC president’s letter referring to the SRC constitution 2011 (as amended).
According to the SRC constitution 2011 (as amended), Article 22(1) and (2) reads:
(1) THERE SHALL BE A PRESIDENT OF THE SRC WHO SHALL BE THE LEADER AND CHIEF SPOKESPERSON OF THE SRC IN ALL MATTERS COMING UNDER HIS JURISDICTION AND SHALL BE THE COMMANDER-IN CHIEF OF THE UNIVERSITY CADET CORPS.
(2) THE PERSON SHALL TAKE PRECEDENCE OVER ALL OTHER PERSONS UNDER THE SRC AND IN DESCENDING ORDER, THE VICE PRESIDENT, THE SPEAKER OF PARLIAMENTARY COUNCIL AND THE JUDICIAL COUNCIL CHAIRMAN.

The purported law under its title reads, ‘’AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN INTERIM COMMITTEE FOR THE PURPOSE OF STUDENTS REPRESENTATION AND ORGANIZING OF THE STUDENT REPRESENTATIVE COUNCIL ELECTIONS ACCORDING TO ARTICLE 22(1) AND (2) OF THE SRC CONSTITUTION , 2011(AS AMENDED).

• In the same law (ISRA), Section 3(2) states categorically and emphatically that the Interim Committee has the mandate to organize the SRC and NUGS elections within the first 14 days upon the commencement of the academic year.

This is very problematic and shows the tendency to disenfranchise so many students as due to the period of the COVID pandemic, most parents have become financially incapacitated and most students may not have the means to report to school during the first 14 days as the elections will be conducted.
In as much as the Dean of Students will add 5 more days to the period in some conditions, it is very likely that the time will be enough for most students to report to school, assess the various candidates and make an honest decision. Thus defeating the entire purpose of holding elections, allowing scrutiny of candidates and also affecting the overall turn up at the elections.
This provision therefore needs to be critically reassessed, if the said law will hold.

It is also very misleading to say that by virtue of articles 22(1) and (2) of the SRC Constitution, the SRC President (who however says his power has expired) can now cede that same power to an unknown group or committee in whom the students have reposed absolutely NO CONFIDENCE, unlike the SRC President who derived legitimacy from the democratic exercise of franchise.

By all these considerations and conflicting ideas from the SRC press release, I think these decisions should be reconsidered and addressed in a way which depicts the true representation of the people, sovereignty of the people and democracy of the SRC which is a representation of the students body.
I am hopeful that the necessary measures will be put in place to tackle the matters arising.

My name is Ninnette Bediako, a student of Business School KNUST and I believe the voices of the people must count!!
It’s a Sunday, let’s see if the SRC will listen!