Law library · Sierra Leone · The Universities Act, 2021
Section 3: The Ernest Bai Koroma University of Science and Technology
Status not yet checkedThe Universities Act, 2021, Sierra Leone
(a) Magburaka Campus;
(b) Makeni Campus;
(c) Port Loko Campus;
(d) any other institution that may, on the advice of the
SIGNED this 25th day of July, 2021.
DR. JULIUS MAADA BIO,
President.
LS
PART I – PRELIMINARY
1. In this Act, unless the context otherwise requires -
"academic staff" means all persons holding
appointments as the case may be as professors,
associate professors, senior lecturers, lecturers,
assistant lecturers or teaching and research
assistants of a University or in other posts so
designated by the Senate;
"Campus" means a constituent institution of a
University as set out in the Schedule;
''Commission'' means the Tertiary Education
Commission established under section 2 of the
Tertiary Education Commission Act, 2001;
"Court" means the Court of a University constituted
under section 11, as the highest administrative
authority of the University;
''Disciplinary Committee'' means the Committee
constituted in subsection (3) of section 50;
''distinction'' means an academic award granted by a
University with the approval of the Court;
''extension'' in relation to work, means work done by a
University outside its walls;
''faculty, school or institution'' includes a group of
departments or units of a University;
''good cause'' include evidence of -
Interpretation.
50. (1) A Vice-Chancellor and Principal may, for good cause
shown, exclude a student from a part of the University or its precincts,
and may suspend a student from class or classes, but such exclusion
or suspension shall be reported by the Vice-Chancellor and Principal
to the Senate at its next meeting.
(2) Without prejudice to the power of the Vice- Chancellor
and Principal to exclude or suspend a student under subparagraph(1),
the procedures governing the exclusion, suspension, expulsion or
other punishment of students by the Senate for infractions of
discipline shall be prescribed by Rules, a copy of which shall be
deposited with the Commission:
Provided that punishments may include reprimand, monetary fine
and the cost of making good any damage.
(3) The powers of a Senate with regard to punishment
may be delegated to a Discipline Committee consisting of the Vice-
Chancellor and Principal, the Pro Vice- Chancellor, the Deputy Vice-
Chancellor, the Deans of Faculties, the Campus or College Librarian
and the Wardens of the Halls of Residence and the Campus Standing
Committees.
(4) The procedure for reporting an exclusion, suspension
or expulsion of a student by the Vice-Chancellor and Principal, or in
the exercise of delegated powers, to the Senate shall be prescribed
by the Rules, and the procedure for reporting to the Vice-Chancellor
and Principal of punishment imposed in the exercise of delegated
powers of limited punishment shall be prescribed by Rules.
(5) The procedure governing the right of a student to
defend himself in the exercise of any of the disciplinary powers as
defined in subsection (l) and (2) of this section, shall be consistent
with the laws of natural justice; and a student shall be entitled to be
represented, to call witnesses in his own defence, to cross-examine
adverse witnesses and to adduce such evidence as he may deem
necessary for his defence; and if the decision is that he is to be
expelled, suspended or otherwise punished, he may appeal to the
Court, which shall set up an Independent Committee to examine the
evidence, and if that Committee so advises, the Court may reverse
the original decision or conduct further inquiries or confirm the original
decision.
Student
discipline.
(a) conviction of a crime or offence which the
Court deems to be such as to render a person
unfit to continue to hold office;
(b) conduct, which the Court deems to be such
as to constitute failure or inability of a person
to perform the duties or to comply with the
conditions of tenure of his office;
(c) physical or mental incapacity which the Court
deems to be such as to render a person unfit
for the execution of the duties of his office;
''graduate'' means a person to whom a degree has been
awarded by a University;
''Minister'' means the Minister responsible for tertiary
education and Ministry shall be construed
accordingly;
''National Council for Technical, Vocational and other
Academic Awards'' means a body established under
section 2 of the National Council for Technical,
Vocational and other Academic Awards Act, 2001
(Act No. 10 of 2001);
''Senate'' means the Senate of a University constituted
under section 16 as the highest academic authority
of a University;
''special resolution'' means a resolution passed by the
votes of not less than two third of the members of a
Court -
(a) present and voting at a meeting;
(2) A Congregation for the conferment of degrees shall
be held at least once every year at such time and place as shall be
decided by the Court; and the degrees and other academic awards
shall be presented by the person presiding.
(3) A Congregation shall include the Minister and shall
be presided over by the Chancellor or in the absence of the Chancellor,
the Vice-Chancellor and Principal shall preside; in the absence of the
Vice-Chancellor and Principal, the Pro Vice-Chancellor shall preside
and in the absence of the Pro Vice-Chancellor a Deputy Vice-
Chancellor, nominated by the Court, shall preside.
(4) The procedure for summoning a Congregation and
for the presentation of graduands for conferring degrees in and for
all other matters relating to Congregations shall be determined by
the Court.
PART IX-MISCELLANEOUS
47. Subject to this Act, the Senate may by statutory
instrument make regulations relating to teaching, courses of study,
the awardof degrees, diplomas and other distinctions, the conduct
of examinations, conditions under which students shall be permitted
to continue their studies in the University, academic dress, and to
such other matters as it considers necessary or desirable for the
purpose of carrying out the objects of the University.
48. The Court and the Senate may each make Standing Orders
for the internal regulation of the conduct of their respective functions.
49. (1) The Universities Act, 2005 (Act No. 1 of 2005) and its
amendments are hereby repealed .
(2) Notwithstanding the repeal of the Universities Act,
2005, rules, regulations, notices or other statutory instruments issued
under the repealed Act shall continue to be inforce until expressly
revoked or cancelled.
Regulations.
Standing
orders.
Repeal of
Act No. 1 of
2005.
of which notice setting out the general nature of the
business to be transacted has been given to the members of the
Court not less than 21 days before the meeting.
''University'' means a public university referred to under
section 2 and includes other public universities
established under section 42 and private universities
established under section 43.
PART II –CONSTITUTION OF UNIVERSITIES
2. (1) There shall be the following public universities to be
respectively known as -
(a) the University of Sierra Leone;
(b) the Njala University;
(c) the Ernest Bai Koroma University of Science
and Technology;
(d) the Milton Margai Technical, University;
(e) the Eastern Technical University of Sierra
Leone;
(f) the Kono University of Science and
Technology ;
(g) Post Graduate College/School/ Institute of
Law, Medical disciplines, Engineering and
Theology
consisting of such Campus or Campuses and faculties or schools as
specified in the Schedule.
(2) A University specified under subsection (1), shall be
a body corporate having perpetual succession and capable of
acquiring, holding and disposing of property, whether moveable or
immoveable, and of suing and being sued in its corporate name and,
subject to this Act, of performing all such acts as bodies corporate
may by law perform.
Constitution
of public
universities.
(2) The graduates referred to in subparagraph (l) of
paragraph (1) shall be-
(a) graduates who pursued the whole or part of
their university studies;
(b) honorary graduates of the University;
(3) The Chancellor shall preside at meetings of the
Convocation, but in the absence of the Chancellor, the Vice-Chancellor
and Principal shall preside; and in the absence of both the Chancellor
and the Vice-Chancellor and Principal, a Chairman for the time being
shall be elected by the meeting from among members of the
Convocation who are not officers of the University.
(4) The Convocation shall have the power to make
representations to the Court on all matters affecting the well being
and prosperity of the University.
(5) The Convocation shall meet once every two years at
such time and place as the Chancellor shall determine but may meet
more than once at the request in writing of the Chancellor or one third
of the membership by notice stating the business to be transacted.
(6) At any meeting of the Convocation, a report on the
State of the University, including the audited accounts of the
University and the work of the University for the previous financial
year or years, as the case may be, shall be presented to the meeting
by the Vice-Chancellor and Principal for the information of members.
(7) The financial year of the University shall be the same
as the financial year of the Government.
46. (1) For the purpose of conferring degrees on the
University and of awarding degrees, diplomas, certificates and other
academic awards and for other academic purposes, there shall be held
under the auspices of the Court, a meeting of the University, which
shall be called a Congregation.
Congregation.
No. 5 The Universities Act 2021No. 5 The Universities Act 2021 5
(3) A University shall have a common seal, the use of
which shall be authenticated by the signature of the Chancellor or
other member of the University authorised either generally or specially
by the Court in that behalf.
(4) A document purporting to be an instrument executed
or issued by or on behalf of a University and to be sealed with the
common seal of the University shall be authenticated in the manner
stated in subsection (3) and deemed to be executed or issued without
further proof unless the contrary is proven.
(5) In appropriate cases the seal of a University may be
affixed to documents outside Sierra Leone.
PART III–FUNCTIONS AND POWERS OF A UNIVERSITY
3. (1) The object for which a University is established is to
serve as a teaching, research and examining body and to provide
technical, professional, community as well as commercial services.
(2) Without prejudice to the generality of subsection (1),
it shall be the function of a University to -
(a) provide instruction and conduct research in
such fields of learning, as it may think fit, for
the advancement and dissemination of
knowledge;
(b) provide the appropriate manpower needs,
consistent with the overall socio-economic
aims and aspirations of Sierra Leone;
(c) provide external or extension services for
persons who are not regularly enrolled in a
(d) grant degrees, diplomas, certificates and such
other awards as the University may
determine;
Object and
functions of
(6) An institution in respect of which an application has
been rejected under this Act shall not operate as a university.
44. Except sections 2, 27 and 28, this Act shall, with the
necessary modifications, apply to a private university established
under section 43.
45. (1) There shall be Convocation of each University which
shall consist of graduates and the following Persons-
(a) Chancellor;
(b) Visitor;
(c) Minister incharge of University Education
(d) Vice-Chancellor and Principal;
(e) Pro Vice-Chancellor;
(f) Deputy Vice-Chancellors;
(g) Members of the academic staff;
(h) University Registrar;
(i) University Librarian;
(j) Finance Director;
(k) Director of Physical and Plant Services;
(l) Graduates of the University;
(m) University Medical Officer;
(n) such other persons holding appointments
in the University as may be invited to
membership by the Court.
Application
of this Act
to private
Convocation.
(e) preserve academic freedom and avoid
discrimination in teaching and research, in
the admission of students, the appointment
and promotion of staff and in the granting of
degrees, diplomas, certificates and other
awards:
Provided that it shall be lawful for the University to charge different
fees for the admission of citizens and non-citizens;
(f) preserve,enrich and assist in the development of the economy and welfare of Sierra
Leone, in particular and humanity in general,
holding out the benefits of its endeavours to
all nations without discrimination; and
(g) do all acts or things as are conducive to the
attainment of the object stated in subsection
(1).
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