ESU legal and regulatory texts

DEPARTMENTAL DECREE N°ESU/CABCE/034 OF 01/31/83

LAYING DOWN ADMINISTRATIVE REGULATIONS RELATING TO THE SECONDMENT, AVAILABILITY, SUSPENSION AND TRANSFER OF HIGHER EDUCATION AND UNIVERSITY STAFF.
THE STATE COMMISSIONER FOR HIGHER AND UNIVERSITY EDUCATION.

Considering the constitution, especially its articles 102 and 103;

In view of Ordinance-Law No. 81-025 of October 3, 1981 on the general organization of Higher and University Education, especially its Articles 03, 04, 30, and 60;

Having regard to Ordinance No. 81-160 of October 7, 1981, relating to the status of Higher and University Education personnel, especially Articles 70 to 80 and 133;

Given the urgency:

ORDERS:

CHAPTER I: DETACHMENT

Article 1: secondment is the position of the staff member who is authorized to temporarily interrupt his or her duties in the cases provided for in Article 70 of Ordinance No. 81-160 of October 7, 1981 relating to the status of higher and university education staff;

Article 2: without prejudice to the provisions of Article 70 of the order cited above in Article 01 of this decree, secondment will only be granted if it meets the following conditions:

1. The secondment must be requested with the agreement of the interest by the organization or department for the benefit of which the staff member is to be seconded.

However, secondment for the purpose of fulfilling a public mandate or exercising public functions is granted automatically by the competent authority.

2. The request must be justified and meet the public interest, must specify the probable duration of the secondment

In the case of a public mandate or public functions, the duration of the secondment is equal to that of the mandate or functions.

3. The staff member to be seconded must have been in actual activity for at least three (3) years at the time of secondment.

 

The staff member previously on leave or already seconded to another institution must, before their secondment or new secondment, have returned to their original institution or resumed service within it.

4. As regards administrative and technical staff, a member holding a rank corresponding to executive or collaborative positions is only seconded if he has special qualifications and on condition that he leaves the service to which he is assigned without harming its proper functioning.

5. In all cases, the advice of the user service is required.

6. The secondment is authorized, as the case may be, by the Rector, Director General of the Establishment or specialized service and the Director of the Higher Institute.

 

Article 3: The staff member for whom secondment is requested is required to continue to perform his or her duties until notification of the secondment document or at least the express agreement of the competent authority.

If he leaves his employment before this notification, he is considered to have abandoned the service and must be disciplined accordingly.

Article 4: Throughout the duration of the secondment, the staff member must be monitored by the original administration.

With the exception of members seconded as a result of a public mandate or public functions, the rating of staff members on secondment is made by the services to which they were seconded, which forward them to their respective administrations of origin in November of each year.

Article 5: The member of the administrative or technical staff on secondment retains the right to participate in the promotion competition, to which he is subject in accordance with article 57 of the status of staff of Higher Education, University and Scientific Research.

In all other cases, the promotion of a seconded staff member is made according to the rating and conditions provided for in the status.

Article 6: Except in the case of revocation, the staff member on secondment is subject to the disciplinary regime applicable to the staff of the institution to which he or she is seconded.

Article 7: At the end of his secondment, the staff member is required to request his return to service by a declaration of end of secondment no later than forty-five (45) days from the end date of secondment.

The declaration will be made on a form conforming to the model annexed to this decree and addressed to the authority which granted the secondment.

Failure to submit the end of secondment declaration within the prescribed time limits. The staff member is considered to have abandoned the service and must be punished accordingly.

Article 8: however, in the event of an indefinite secondment, the original Administration automatically terminates it upon expiry of the statutory period of five (5) years, unless renewed.

Article 9: In all cases, renewal is not presumed. It is explicit.

Article 10: The resumption of service is carried out by a contrary act of the competent authority to authorize the secondment.

However, in the event that the secondment is interrupted due to a breach by the staff member, the latter may only be replaced in an active position after the closure of the disciplinary and legal proceedings initiated against him.

CHAPTER II: AVAILABILITY

Article 11: Availability is the position of a staff member whose activity is interrupted in the cases referred to in Articles 74 and 75 of Ordinance No. 81-160 of October 7, 1981 relating to the status of staff in Higher Education, University and Scientific Research.

Article 12: Without prejudice to the provisions of Articles 74 and 75 of the Staff Regulations, availability may be granted at the request of a staff member with at least two years of seniority for reasons of study or internships.

In this case, the studies or internships to be undertaken by the applicant must meet the needs and interests of the service to which he belongs.

Prior notice from this department is required.

Article 13: The availability granted under the conditions of Article 12 above produces the same effects as the availability provided for in Article 75 of the status of Higher Education, University and Scientific Research personnel.

The staff member undertakes in writing to serve the university, higher education institute or specialized service for at least two years after his or her studies or internship. In accordance with the form attached to this decree.

Article 14: In all cases of availability for reasons of studies or internships, the duration of availability covers the normal period of studies or internships.

Article 15: Availability is declared by the Rector, the Director General of the Higher Institute or the Specialized Service or the Director of the Higher Institute.

Article 16: Availability ends at the request of the person concerned or ex officio at the end of the period for which it was granted.

Article 17: A staff member who does not return to their home post within forty-five days of the amendment of the act terminating their availability is considered to have abandoned their post and must be sanctioned accordingly.

CHAPTER III. OF THE SUSPENSION

Article 18: Pursuant to Article 78 of the Ordinance of 7 October 1981 on the status of Higher Education, University and Scientific Research staff, the suspension of a member of the academic and scientific staff is pronounced, as the case may be, by the University or Institute Council.

In case of emergency, it may be pronounced by the Head of Establishment, on condition that the Establishment Council is informed at its very next meeting.

Article 19: Suspension of duties results in the staff member being prohibited from exercising their duties.

It temporarily makes the position occupied by the member available and must be followed immediately by the formal initiation of disciplinary action.

Under no circumstances can the hearing of the member by the University Guard constitute the opening of disciplinary action.

Article 20: Except in the case of legal proceedings provided for in Article 80 of the statute, expiry of the one-month period automatically results in the resumption of service activity of the suspended staff member.

The latter is placed in the functions he exercised at the time of the suspension.

Article 21: Disciplinary action which is not at least initiated becomes void upon expiry of the suspension period.

Article 22: The duration of suspension which is not charged to the duration of the sanction.

In the event of a suspension of a duration shorter than that of the suspension, the staff member who was deprived of his or her salary under Article 80 of the Staff Regulations shall regain the right to his or her full salary for the excess period.

CHAPTER IV. TRANSFER

Article 23: The staff member continues his career in the Establishment or specialized service to which he was appointed upon recruitment.

However, the State Commissioner for Higher, University and Scientific Research Education may transfer him from one establishment or specialized service to another with the prior agreement of an interested Establishment or specialized service and provided that the member concerned meets the conditions required for the exercise of the new job.

Article 24: the transfer request is submitted by the establishment or specialized service for the benefit of which the transfer of the staff member will be made.

It must justify the need for the transfer in the interest of the service and include the ad hoc form completed and signed by the staff member concerned. The establishment or specialized service of origin and the receiving one.

The transfer is always refused if it does not correspond to the real need of the Administration and if it does not meet the interest of the service.

Article 25: However, the wife, a member of the staff of the Higher Education, University and Scientific Research Establishment whose husband is required to reside in a place other than that for which she works, is automatically transferred to the Establishment or specialized service of Higher Education, University and Scientific Research closest to the new residence.

In the event that the Establishment or specialized service to which the spouse is transferred cannot assign her immediately, she is placed on leave due to inability to return to her post, for a period of two years.

At the end of this period, it is automatically and automatically assigned by the Establishment or specialized service to which it was transferred.

Article 26: The transfer is only effective upon notification of the transfer order.

Any early departure is considered abandonment of service and must be sanctioned accordingly.

 

Article 27: The cost of transport in the event of transfer is distributed as follows:

1. In the event of an automatic transfer carried out under Article 25 above, the transport of the transferred wife shall be the responsibility of her husband;

2. If the transfer is at the request of the staff member, the transport is at the latter's expense;

3. The Establishment or specialized service requesting the transfer of a staff member shall bear the costs of transporting the latter;

4. When there is a transfer of authority, the responsibility for transport costs falls to the Department of Higher Education, University and Scientific Research.

5. In the event of a transfer decided by the Administrative Council, the transport of the staff member is the responsibility of the Establishment of origin.

Article 28: The Secretary General for Higher, University Education and Scientific Research is responsible for the implementation of this decree, which comes into force on the date of its signature.

 

Done in Kinshasa, 01/31/1983

Sé/SAMPASA KAWETA MILOMBE

Member of the MPR Committee

For Certified Copy of the original:

The Director of ISDR/MBEO

Sé/ANGUS ALIKI YE ME LAMES

 

For Compliant Production,

Kinshasa, November 14, 2003

THE ADMINISTRATIVE SECRETARY GENERAL

FROM THE UNIVERSITY OF KINSHASA

Ms. Odile KUYITILA KIDIHIKA KIKA

Introduction

By Decision No. 006/CAU/31^th SO/2002, the University Governing Council, during its 31^th Ordinary Session, held in Kinshasa from July 10 to 22, 2002, had taken the resolution to adopt the structures of the University of Kinshasa.

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INTRODUCTION

The provision of this booklet to candidates applying for registration at the University of Kinshasa takes into account the support measures that the Academic Secretary General envisages at the start of the academic course in order to enable registered students to understand the workings of the University of Kinshasa and the regulatory provisions governing it.

In this document, new students will learn the Student Regulations issued by the Ministry of Higher and University Education as well as the deliberation criteria that all students are required to know upon registration.

At the same time, it constitutes an act of commitment that the student demonstrates to observe throughout his academic course at the University of Kinshasa.

THE ACADEMIC SECRETARY GENERAL

Prof Célestin MUSAO KALOMBO MBUYU

1. STUDENT REGULATIONS

Article 1^er :

These regulations apply to students, independent pupils and independent auditors regularly registered in a higher education and university establishment.

Article 2:

A student is someone who, in accordance with the legal and regulatory provisions in force, is enrolled in a full one-year program of study. Independent students are people who have obtained authorization to take individual courses. A independent student is someone who meets the same admission requirements as those required of a regular student and who has obtained authorization to take individual courses.

1. OF SCHOOLING

Article 3:

Each student, independent pupil and independent auditor registers annually.

Article 4:

Any candidate wishing to enroll in a higher education or university institution must submit a formal application for enrollment in accordance with the general guidelines on enrollment and the institution's internal regulations. This application must be complete and signed.

Any file containing false information will not be considered. Forgery and the use of false documents will also be prosecuted.

Article 5:

The student must always be in possession of his student card and must show it at any request from an academic authority, teacher or administrative agent who requires it in the exercise of his function.

Article 6:

Access to courses, seminars, practical exercises and laboratories is reserved only for students with a student card.

 

Article 7:

Every student, independent pupil, independent auditor undertakes, by his registration, to respect the legal and regulatory provisions which govern higher education and universities as well as the internal regulations of the establishment to which he is admitted.

Article 8:

The student, independent student, independent auditor undertakes, by registering, to follow the entire study program in which he is registered.

Article 9:

The student is required to regularly attend classes, seminars, practical exercises and laboratories, guided tours, professional practices and internships and all other activities planned in the training program. He will participate in quizzes and all forms of evaluation. Any absence must be justified. When for reasons of study or research, or for personal reasons, the student wishes to be absent from the establishment for a period exceeding five days, excluding holidays and academic vacations, he is required to obtain prior written authorization from the Dean / Head of Section or the authority mandated for this purpose.

Article 10:

During educational activities, the student will respect good order and discipline. He will carry out all tasks assigned to him as part of his training.

Towards the Professors and Assistants responsible for his training as well as towards the Administrative Staff of his Faculty/Section, he will show courtesy and respect.

Article 11:

Students who wish to take the end-of-year exams must register for the exams in accordance with the terms and conditions defined by the establishment's internal regulations.

Article 12:

The student who has not regularly attended the courses, seminars, practical exercises and laboratories, guided tours, professional practices and internships or any other activities planned in his training program, will not be able to take part in the exams.

Article 13:

The student is required to appear on time at the examination location as set by the examination board.

Article 14:

A student who, for health or other reasons, cannot participate in all of the exams for the session for which he or she is registered, is obliged to inform the jury president in writing before the date set for the start of the exams.

Article 15:

A student who interrupts the presentation of exams must provide written justification for the reason given before the date of the missed exams. In case of illness, the student must present a medical certificate signed by three doctors from the university clinics or an equivalent reference hospital.

Article 16:

A student who is absent from one or more parts of the exam without a reason deemed sufficient or without having notified the jury in advance in writing is considered to be ineligible for the same course of study.

Article 17:

Each year, students must undergo a medical examination organized by the institution. A certificate will be issued to them; it will be required for registration for end-of-year exams.

 

1. OF SOCIAL LIFE

 

Article 18:

The student is required to strictly observe the laws of the country, the regulatory provisions of higher and university education, the Internal Regulations of the establishment to which he is admitted, as well as the ordinary and known rules of good conduct and morality.

 

Article 19:

He must, in all circumstances, obey and respect the academic authority and any member of the establishment's staff who represents it.

Article 20:

At all times, students are required to respect the person, beliefs, and freedom of others. The practice of "bleusaille" is prohibited. Students will strive to cultivate a spirit of brotherhood and camaraderie within the university community.

Article 21:

The student will be particularly keen to ensure the good reputation of the institution. He or she may not compromise the reputation of the institution in any prejudicial action or attitude. Any public demonstration or writing that could implicate the institution or its members as such must receive prior authorization from the Rector / Director General or the authority mandated for this purpose.

Article 22:

The student may not found associations, clubs or other student groups within the territory of the establishment or even outside of it but in the name of the establishment, without prior authorization from the Management Committee.

Article 23:

Student groups may only use the establishment's premises with the authorization of the person in charge of the building concerned.

Article 24:

Any display within the limits of the establishment is subject to prior approval by the academic authority.

Article 25:

No one may, without the written authorization of the academic authority, engage in commercial or financial operations on the establishment's property.

Article 26:

The student is held responsible for any damage he causes to the establishment's property: buildings, furniture, library books, teaching equipment, etc.

 

Article 27:

To the extent possible, the establishment will provide students with a range of social services, including accommodation in student residences, medical and pharmaceutical care, and sports facilities, at prices set by the relevant Board of Directors.

Article 28:

A disciplinary sanction may only be imposed if the student has been previously heard. If the student does not respond to the summons, the penalty will be imposed without the student having been heard. Decisions are justified and communicated in writing to the student and their parents or guardians.

Article 29:

Any breach of public order caused by students acting either individually or in groups, on the territory of the establishment or outside, will be punished in accordance with the legal and regulatory provisions in force.

Offending students will be liable for compensation for any damage suffered by the establishment or third parties as a result of this disruption.

1. CRITERIA FOR

DELIBERATION

Article 30:

The subjects taught in a course of study are divided by the faculty or section into three categories; namely:

1. Vocational training subjects or specialist subjects which prepare the student for the future practice of the profession;
2. Subjects supporting professional training or those which aim to provide the candidate with scientific information necessary for the future exercise of the profession;
3. General training subjects or those aimed at giving him general skills or attitudes.

Article 31:

Equalization consists of a transfer of a maximum of two points from one course to another of the same weighting and the same category in order to alleviate a serious failure or to eliminate a failure.

Article 32:

It applies to a single course and only once to unweighted grades. The points to be added by equalization are indivisible and cannot be used to remove or reduce more than one failure.

Article 33:

When the marks obtained in exams and annual work (practical work, tests) are combined or included separately on the deliberation grid, the equalization takes place in favor of the overall mark.

Article 34:

A minor failure is considered to be any grade equivalent to 8 or 9 out of 20, and a serious failure is any grade below 8 out of 20.

Article 35:

The number of failures likely to trigger the deliberation process is set at the integer of the division of the number of ma

Article 36:

The student who obtains half the points in each of the branches has passed.

 

Article 37:

The result of the student who did not obtain half the points in all branches, but who obtained half the points for the entire test is submitted for deliberation and the decision is made after a vote by a simple majority of the members of the jury.

Article 38:

After the application of the equalization, no serious failure, in any subject, can be accepted for the passage of a student from one year to another.

Article 39:

In subjects falling under the first category, a slight failure may be tolerated.

Article 40:

In the subjects of the second and third category, he succeeded

1. d) the student whose general average is between 50% and 54.99% and who has only one minor failure;
2. e) the student whose general average is between 55 % and 59.99% and who has one or two slight failures;
3. f) the student whose general average is at least 60% and who has at most three minor failures.
4. Criteria for adjournment

Article 41:

Is automatically adjourned

1. c) the student who has not obtained at least 50% in all subjects;
2. (d) the student who has a serious failure after the application of equalization.

Article 42:

The unsuccessful student is:

• Postponed if the overall result is more or less equal to 40% points;
• Assimilated to adjourned if the student has not presented all parts of the test for a duly justified reason deemed valid by the jury;
• Not admissible in the same course of study if the overall result is less than 40% points;
• Those who have not taken part or all of the exams for reasons deemed invalid by the jury or who have been absent from one or more parts of the exam without having previously notified the Jury Office in writing are considered ineligible for the same course of study.

Article 43:

The student who, after deliberation, is declared "adjourned" is exempt from retaking, in the second session, the subjects in which he obtained at least 10/20.

These marks will be automatically included in the results of the following deliberation and those who awarded them will have a deliberative vote in this deliberation.

The jury president informs interested students, by posting notices on the valves within three days after the deliberation, of the exams from which they are exempt.

Publication of results:

Valve display:

Distribution of coupons or score books. These are distributed free of charge and without restriction by the jury secretary alone.

Article 44:

No teacher has the right to oppose, alone, the success of the student. However, during deliberation the jury may take into consideration the importance it attaches to a given subject taking into account the purpose of the teaching.

A student can thus fail due to very serious inadequacy in a single subject considered essential to his training.

Article 45:

In the event of fraud duly noted by the examiner or invigilator, the following procedure must be followed:

• The person who notices the fraud immediately notifies the person concerned;
• She draws up a report, signs it and has it countersigned by at least two witnesses and by the offender himself;
• She asks the latter to make himself available as president of the jury;
• The report signed by the person who noted the fraud and the offender is sent the same day to the president of the jury who convenes the Jury Office within 24 hours;
• The jury office summons the student and hears him;
• The Jury Office reports and makes one of the following sanction proposals to the Management Committee:
• Cancellation of the relevant examination:
• Cancellation of the entire session test;
• Exclusion from the current academic year's exams.

 

In all cases, the decision of the Management Committee must be communicated to the president of the jury before deliberation.

Article 46:

Within 72 hours of the official publication of the results, any student who considers themselves to have been wronged has the right to lodge an appeal with the chairman of the jury.

After this regulatory deadline, no appeal should be filed by the student, nor accepted by the Jury Office.

The appeal and the appeal form are free of charge regardless of the number.

 

 

Article 47:

The appeal relates, each time, to a specific grade or course.

Article 48:

The following are subject to appeal:

• Incorrect transcription of grades by the teacher or the Secretary of the jury,
• The incorrect calculation of grades;
• The omission of notes on the deliberation grid;
• Failure to correct copies;
• Loss of copies by the teacher;
• Failure to transmit notes to the jury;
• The confusing identification of copies.

The jury is not competent to hear any appeal based on unverifiable evidence. If necessary, the jury will refer the matter to the competent hierarchical academic authority.

Article 49

The examination of students' appeals is the responsibility of the jury.

No hierarchical authority (academic authority, board of directors, ministry) may be seized of it or seize it.

Article 50:

From the day of the official publication of the exam results for the session in question, teachers make themselves available to students and the jury to better handle any appeals concerning their teaching.

The holders of the courses concerned by the appeal must submit all copies of exams and the model answers to the Jury Office.

Article 51:

The final results of the jury's deliberations are immediately communicated to those concerned by posting.

Article 52:

Upon registration, the purchase of this booklet will be proof for the student of their recognition of having read the student regulations and the deliberation criteria and of their commitment to comply with them.

The commitment is worded as follows:

I, the undersigned…………………………………………………………..admitted to continue my studies at……………………………………………………………declare that I have read the student regulations and the deliberation criteria.

I undertake to respect it fully and in all circumstances from now until the end of the academic year.

1. INTRODUCTION

Assessing learners' learning is one of the most critical and crucial steps in the educational process. It requires the collaboration of all stakeholders and must be objective and transparent.

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PREAMBLE

An academic instruction is an administrative act by which the Supervisory Authority gives directives to all Stakeholders who are involved in the operation of the Establishments in their Sector.

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DEPARTMENTAL DECREE N°ESU/CABCE/035/83 OF 31/01/1983 PORTNAT ADMINISTRATIVE REGULATIONS RELATING TO THE DISCIPLINARY REGIME OF HIGHER EDUCATION AND UNIVERSITY STAFF

THE STATE COMMISSIONER FOR HIGHER AND UNIVERSITY EDUCATION

Having regard to the Constitution, especially Articles 102 and 103;

In view of Ordinance-Law No. 18-025 of October 3, 1981 on the general organization of Higher and University Education, especially its articles 100 to 109:

STOP

Article 1^er : Any failure by a member of staff to fulfill their professional obligations, or any breach of public morality, constitutes a disciplinary offence requiring a sanction. The seriousness of the breach is assessed by the competent disciplinary authority.

Article 2: The sanction must be proportional to the fault committed.

Article 3: The disciplinary sanctions provided for in Article 101 of the statute, such as dismissal and revocation, are imposed by the Authorities designated below:

GRADE	AUTHORITIES COMPETENT TO IMPOSE THE PENALTY
	BLAME	LAYOFFS
– Rector - General manager - Director	State Commissioner for Higher and University Education	State Commissioner for Higher and University Education
– Academic Secretary General – Administrative Secretary General – Budget Administrator	State Commissioner for Higher and University Education	State Commissioner for Higher and University Education
– Ordinary Professor - Teacher – Associate Professor – Works Manager	Management Committee	Establishment Council
- Assistant
– Head of Department Director - Director – Head of Division – Office Manager	Head of the Establishment or Specialized Service	Head of the Establishment or Specialized Service
– Office Assistant 1era   Class – Office Assistant 2th Class – 1st Class Office Agent – Office Agent 2th  Class	Head of the Establishment or Specialized Service	Head of the Establishment or Specialized Service
– 1st Class Auxiliary Agent – 2nd Class Auxiliary Agent	Administrative Secretary General or Director Head of Specialized Service	Head of the Establishment or Specialized Service

• Or equivalent grade.

Article 4: dismissal and revocation are pronounced by the Authority invested with the

power of appointment.

Article 5: As soon as it notes a fault or breach of duty on the part of a member of staff, and if it considers it necessary, given the seriousness of the fault or breach, the hierarchical authority or, as the case may be, the State Commissioner, initiates disciplinary action against the person concerned by notifying him of a report of the opening of disciplinary action drawn up in accordance with the model annexed to this decree.

Any documents invoked against the officer must be attached as a copy to the report.

The report is drawn up in duplicate and signed by the authority which initiates the disciplinary action.

A copy is given to the staff member, who must date and sign for receipt of both copies.

If the staff member refuses to sign the report, the observation of this refusal is recorded in the report and countersigned by two witnesses, command officers when the member is a member of the administrative and technical staff or having at least the rank of Works Manager when the member is a member of the academic and scientific staff.

Article 6: Without prejudice to the provisions of Article 5 above, the disciplinary procedure must also include:

1. the hearing on administrative report of the accused staff member, of any prosecution and defense witnesses and possibly of the complainant;
2. the confrontation between the accused and the dependents;
3. the observation and, where appropriate, the seizure by means of the ad hoc report of all evidence.

Article 7: The authority competent to initiate disciplinary action is the one competent to pronounce the sanction of reprimand.

It can act on its own initiative or at the request of a higher authority.

Article 8: the justifications of the staff member to whom the opening of disciplinary action is notified must be presented in writing, within five (5) days of notification.

They are addressed to the authority which initiates disciplinary action.

Article 9: upon receipt of these justifications, the authority which opened the action

disciplinary must within the limits of these disciplinary powers determined to

Article 2 of this decree:

• Either proceed to the filing of the case without further action;
• Either impose on the person concerned the sanction it considers appropriate;
• Either forward the disciplinary file to the next higher hierarchical level or to the supervisory department, if it considers that the sanction to be imposed exceeds the powers assigned to it.

Article 10: The decision to dismiss the case or to impose a disciplinary sanction must be the subject of a report, drawn up in duplicate, in accordance with the models in the appendix to this decree.

A copy is given to the staff member who must date and sign both copies for receipt.

Article 11: A staff member who considers himself/herself to have been unfairly sanctioned may, within eight (8) days of notification of the sanction, lodge an appeal through the hierarchical channel with the authority immediately above that which imposed the sanction or with the same authority at the first level.

This appeal authority may decide to close the disciplinary file without further action or confirm the disciplinary sanction imposed on him in the first instance, or impose another sanction.

Article 12: The final decision taken after examination of the appeal is the subject of a report of decision on disciplinary appeal drawn up in accordance with the model in the appendix to this decree.

This report is drawn up in duplicate. One copy is given to the officer who must date and sign both copies for receipt.

The decision taken at this level is final.

However, after having exhausted the hierarchical appeal, the staff member may contact the supervisory department.

Article 13: When the supervisory department is notified of an appeal, it makes its observations and refers the file to the Board of Directors or the equivalent body of the Specialized Service.

Article 14: the decision taken by the State Commissioner in first-degree disciplinary matters may only be subject to an appeal.

Article 15: Disciplinary action not closed within two months becomes void.

In this case, the accused staff member requests the authority higher than that which initiated the disciplinary action to note that the action has lapsed.

The request and the report are established according to the models in the appendix.

Article 16: In all cases, the provisions of this decree may not prejudice the rights granted to staff members by social legislation in matters of labor disputes.

Article 17: The Secretary General for Higher and University Education is responsible for the implementation of this decree, which comes into force on the date of its signature.

Done in Kinshasa on 01/31/1983

Se/ SAMPASA KAWETA MILOMBE

Member of the MPR central committee

 

FOR REPRODUCTION CONFORM

Kinshasa, November 14, 2003

THE ADMINISTRATIVE SECRETARY GENERAL

FROM THE UNIVERSITY OF KINSHASA.

Ms. Odile KUYITILA KIDIHIKA KIKA

CHAPTER XXIV: FINANCIAL REGULATIONS FOR HIGHER AND UNIVERSITY EDUCATION

1. GENERAL PROVISIONS

Article 1: The following provisions constitute the financial regulations applicable within all specialized Higher and University Education Establishments and Services.

Article 2: The purpose of this regulation is to establish the rules relating to the preparation, presentation, execution, budgetary competence, financial organisation, accounting, assets and management control within the Establishments and Services referred to in Article 1.

Article 3: Each Establishment meets its costs using the resources of its assets, which include:

• own revenues provided for in the budget;
• donations and legacies granted and accepted to it in accordance with the legal forms regulated by the Board of Directors;
• an annual state subsidy provided for in the budget intended to cover current and investment expenses.

Article 4: The expenses of each Establishment include current expenses and investment expenses, the nature of which is determined by the supervisory body.

Article 5: The revenue and expenditure operations of each Establishment are the subject of an annual budget intended to be included in the State's supplementary budget.

Article 6: Any decision or agreement not provided for in the budget which may have an immediate or future impact and which relates to both income and expenditure, as well as any administrative act involving the creation of jobs, the extension of staff or the modification of the financial status of agents, must be submitted for approval to the supervisory body after a favorable opinion from the Board of Directors.

Article 7: Any financial transaction in the form of borrowing, lending, guarantees, subsidies, equity investments or advances not provided for in the budget with immediate or future repercussions on the operation of the Establishment may only be concluded with the authorization of the supervisory body after a favorable opinion from the Board of Directors.

2. ON THE PREPARATION AND PRESENTATION OF THE BUDGET

Article 8: On March 31 of each year, the Head of Establishment submits to the Board of Directors the draft budget prepared by the Management Committee of his Establishment after consultation with the Faculties, Sections and other services that comprise it.

Article 9: By April 30 of each year at the latest, the Chairs of each Board of Directors shall submit to the supervisory body, in the forms set by it, after approval by its members, the budget forecasts for the following financial year of the Establishments or Specialized Services attached to it. The draft budget shall be preceded by a statement which summarizes, determines the objectives to be achieved and the resources to achieve them.

Article 10: The draft budget must indicate the credits requested for each Establishment by chapter, article and subheading.

3. OF BUDGET EXECUTION AND MANAGEMENT

Article 11: The fiscal year coincides with the calendar year.

Article 12: Funds acquired by the Institution from the previous budget and not spent remain available for the settlement of obligations incurred and expenses incurred during the previous budget year. Net available balances at the end of the budget year are carried over to the budget for the following year.

Article 13: The budget granted for each fiscal year constitutes an authorization to incur expenditures and make payments within its limits for the needs of the Faculties, Sections, and Specialized Services specified in the budget distribution.

Article 14: Once the budget has been voted on, the supervisory body informs each Establishment through the Boards of Directors of the budgetary envelope set out in the law.

Article 15: The Head of Establishment transmits to the supervisory authority via the Board of Directors, the distribution of credits by chapter, article and litera, the Councils of Universities and Higher Institutes having been heard.

Article 16: The Institutional Council is the general authorising officer for the Institution's revenue and expenditure budget. It exercises its powers in compliance with the laws, regulations and instructions governing the commitment and liquidation of expenditure within the limits of the credits granted.

Article 17: Within three months following the closing of the financial year, each Management Committee shall submit to the competent Board of Directors, in the forms set by the supervisory body, a report indicating the total expenditure incurred and revenue generated by budgetary chapter, article and subheading.

Article 18: No later than April 30 of each year, the Boards of Directors shall transmit to the supervisory body, in the forms set by the latter, the report on the execution of the budget for the past financial year, including all chapters, articles and subheadings indicating the total revenue and expenditure incurred and the obligations incurred under each of them, as well as the difference with the credits allocated to the budget for the year in question.

Article 19: The Management Committee, under the direction of the Head of Establishment, is responsible for the funds allocated to the entity under its responsibility. These funds and securities are deposited in banks or financial institutions authorized by the Board of Directors both inside and outside the country. Each bank account must include the following information:

• The name of the supervisory ministry or the acronym;
• The name of the Establishment:
• The nature or purpose of the account.

For the current expenses of certain services, each Establishment may have a cash reserve limited to the weekly payment needs foreseeable and targeted by the Head of Establishment (forecast schedule).

The functions of Budget Administrator are exercised by the Administrative Secretary General in an unfilled Establishment.

Article 20: When an appropriation initially provided for in a budget chapter proves insufficient, the Head of Establishment may, after consulting the Establishment Council, transfer the appropriation from one chapter to another. The Establishment Council may request additional appropriation from the Government through the supervisory body.

Article 21: However, in cases deemed exceptional and urgent by the Management Committee, the Head of the Establishment may decide to make the transfer and immediately inform the Establishment Council with a reasoned opinion.

Article 22: For budget items, the Management Committees alone are authorized to make internal transfers through budget amendments signed by the Head of Establishment and the Budget Administrator. Each transfer operation is offset by the cancellation of an equivalent amount of credit.

Article 23: Any transfer of credit from the current expenditure budget to the capital expenditure budget or vice versa is prohibited.

Article 24: All higher education and university establishments are required to strictly comply with the provisions of Ordinance – Law No. 069-054 of December 5, 1969, relating to public procurement, as amended to date. Any contract exceeding 2,500,000 FCFA must be the subject of a public tender. In any event, all contracts must be carried out with a view to transparency, economy, and efficiency.

Article 25: The Budget Administrator is responsible for ensuring the collection and collection of revenue and receivables. He will also ensure the execution of expenditures and strict compliance with departmental or management responsibilities.

Article 26: The printed financial management documents, the only ones to justify any expenditure, are determined in the appendix to these regulations.

Article 27: Any regularly incurred expense must be the subject of a numbered payment order prior to payment.

Article 28: A provision of funds can only be established under the following conditions:

• When the price and/or supplier information is not known in advance;
• When the issue of the final supporting document is conditional on advance payment.

In any event, the amount of funds made available for expenses to be incurred outside the main town of the Establishment must be determined by the Management Committee.

Article 29: The duration of the submission of justification for the provision of funds cannot exceed five working days for expenses to be incurred locally and ten working days for those incurred outside the main town from the date of return.

Article 30: After this period, the provisions of Article 100 of Ordinance No. 81-160 of October 7, 1981 relating to the Status of Higher and University Education Staff are applicable to the beneficiary.

However, the validity of justifications is sanctioned by a regularization order approved as the provision of funds by the Academic Authority on which the agent benefiting from the provision of funds depends.

Article 31: The Establishment may not grant loans, directly or indirectly, in any form whatsoever to members of the Board of Directors, nor to persons involved in day-to-day management, nor act as guarantor in their favour.

Article 32: Payment decisions must be accompanied by the visas and signatures provided for in the documents referred to in Article 26 above.

Article 33: Payment orders are issued on the basis of payment decisions established in the forms provided for in Articles 26 and 29 above.

Dated and numbered, they must indicate:

• The beneficiary;
• The amount of the sum to be paid;
• The name of the issuing institution.

Article 34: Payment orders must bear a joint double signature from a member of the Management Committee, the Advisory Board, or the Steering Committee. For bank accounts opened by the office of the Faculties, Sections, or autonomous or affiliated Research Centers, a joint double signature, one in column A (left) from the members of the Management Committee and the other in column B (right) from the members of the office, is required.

While the revenue generated by these entities will be justified to the finance department through the divisional journal. No delegation of signature is authorized without the agreement of the supervisory authority after consulting the competent Board of Directors.

Article 35: Advance payments for goods and services are prohibited. They may only be made after receipt of the corresponding goods or services.

Article 36: Banking services must increasingly be called upon in financial flows.

4. OF THE FINANCIAL ORGANIZATION

Article 37: The Budget Administrator, placed under the direct administrative authority of the Head of Establishment, is responsible for the proper functioning of various finance, accounting, budget-control and assets departments, and ensures the permanent monitoring of the decisions and directives of the Board of Directors and the supervisory body in these matters.

Article 38: The Budget Administrator may entrust certain administrative agents with the handling of funds or the execution of certain operations, including verifications. The delegations given to these agents must be approved by the Management Committee and specify the nature of the operations they concern and their maximum amount. The responsibility of these agents will relate solely to these operations and the amount entrusted to them.

Article 39: Any payment title or document in lieu issued by an Establishment must be endorsed and recorded by the budget control, signed by the Budget Administrator or the Secretary General and the Head of Establishment.

Article 40: The financial and budgetary management of Higher Education and University Establishments is reserved for administrative staff only.

Article 41: The Budget Administrator may refuse to endorse or pay any title of payment which appears to be contrary to legal provisions and regulations in this matter. In this case, he must inform the Head of Establishment in writing, with a copy to the Board of Directors, of the reasons for his refusal. If the Head of Establishment requests in writing and under his responsibility that he be overridden, the Budget Administrator must comply with this request, which he attaches to the payment order. The Head of Establishment reports to the Board of Directors on the measure taken by him.

5. OF THE ACCOUNTING ORGANIZATION

Article 42: The organization of accounting must allow:

1. to monitor the realization of resources, the liquidation of expenses, the use of surpluses, the coverage of deficits;
2. to monitor operations in operating assets and equipment, cash operations and capital operations;
3. to determine the results as well as the active and passive situation of the Establishment;
4. to monitor the elements that fall under material accounting;
5. to establish statistics;
6. to record any financial or physical flow;
7. to establish monthly and quarterly cash flow and expenditure plans.

Article 43: The accounting year covers all revenue and expenditure transactions carried out between 1 January and 31 December of each year, as well as receivables and debts incurred during the same period.

Article 44: Accounting is maintained according to the management system. Budgetary accounting and double-entry accounting are maintained.

Article 45: Accounting and budgetary operations are recorded in accounts according to the accounting plan, the list, classification and operating procedures of which are set by the supervisory body.

Article 46: Accounting transactions are recorded daily in the following documents, the model of which is determined by the supervisory body and numbered in print:

• the divisional bank journal(s);
• the central cash register;
• divisional cash journals;
• the log(s) of various operations;
• the inventory book.

Article 47: Accounting books or documents are kept in ink or other indelible means, with the greatest care, without blanks or alterations of any kind. In the event of an accounting error, the first previous entry must remain untouched and a correction entry must be made.

Article 48: The Management Committee ensures that expenditures are kept within the limits of the allocated appropriations. It is required to submit a report on financial and budgetary management to the Board of Directors at the end of each quarter.

Article 49: Before March 31 of each year, the Head of Establishment shall submit to the Board of Directors the accounts for the previous financial year, to which shall be attached a report on the financial management of his entity. The Board of Directors shall approve it, after verification by the experts it appoints, and shall submit it to the supervisory authority no later than May 31.

Article 50: Supporting documents for accounting transactions are filed in chronological order and kept for 10 years with the journals and accounting books.

Article 51: Within 30 days of the following month, each Head of Establishment is required to send the Board of Directors a legible copy of the central journal kept within his entity, informing the supervisory body.

6. HERITAGE

Article 52: The organization of materials accounting must allow:

• to record all transactions which affect the composition of the assets;
• to continuously monitor the situation of the values of operating assets and equipment (stocks) and to identify the results of management and the value of the assets at the end of each financial year.

Article 53: As of December 31 of the financial year, each entity shall draw up an extra-accounting inventory of all assets, rights and obligations recorded at their original value. A copy of this inventory shall be sent to the supervisory body within one month of the end of the financial year. At the end of each financial year, every Establishment shall be required to carry out an appraisal of its real estate assets.

Article 54: Each establishment must have or acquire a certificate of registration of its real estate assets. It must include in its budget forecasts for each year the values recording the depreciation of the assets. These values constitute the maintenance and development costs of its fixed assets.

Article 55: Each Establishment may, with the approval of the supervisory body and the Board of Directors, set aside provisions to offset asset value transactions or losses and charges resulting from a foreseeable increase in liabilities.

Article 56: Any loss, destruction, deterioration or misappropriation of property owned by any entity or entrusted to its custody must be the subject of a report submitted for examination to a special committee established for this purpose by the Management Committee. The terms of financing these depreciations are to be assessed by the Board of Directors.

Article 57: Only the supervisory body may authorize the sale of each Establishment's assets after consulting the Board of Directors. Regarding the sale of decommissioned assets, the sale must be carried out in accordance with the regulations governing auctions of public property. It gives rise to a report countersigned by a local judicial police officer.

7. OF CONTROL

Article 58: Each Establishment must carry out an internal audit; daily budgetary and financial control is carried out by an internal audit service reporting to the Budget Administrator or Head of Establishment.

Article 59: The internal audit department reports its findings at least once a month to the Management Committee, which must inform the Establishment Council of its opinions and considerations.

Article 60: The Budget Administrator informs internal audit of the release of the series of financial printouts.

Article 61: In addition to the provisions of Articles 57 and 58, each Establishment will be subject to a general audit of its management by the auditors, any other financial body or a special investigation commission appointed either by the Board of Directors, the supervisory body or the Ministry responsible for finance.

8. MANAGEMENT DOCUMENTS
9. FINANCE DEPARTMENT
10. Payment order;
11. Provision of funds
12. Regularization order
13. Payment slip
14. Expense slip
15. Account sheet
16. Bank account positioning sheet
17. Available situation
18. Collection notice
19. Check collection and deposit slip and transfer order (OV)
20. Payment order withdrawal slip (bank)
21. Divisional cash and bank journal
22. Cash flow situation (cash flow plan)
23. Study fees (or scholarships) breakdown table
24. Centralized cash register and bank journal
25. BUDGET CONTROL DIRECTORATE
26. Budget sheet
27. Form
28. Expense statements to be justified
29. PROPERTY OR HERITAGE MANAGEMENT
30. Purchase request / Statement of need / Request for funds
31. Purchase order
32. Internal requisition
33. Entry voucher
34. Exit voucher
35. Stock sheet
36. Inventory book