The Council of the University of Pretoria is empowered by section 27(2) of the Higher Education Act to determine the language policy of the University, in concurrence with the Senate of the University. The Statute of the University of Pretoria requires a quorum of 51% of the Council together with 51% of the Senate to be present at the voting meeting by the Language Committee responsible for taking decisions of the University's language policy. The Language Committee decides to change the language policy of the University but one of the members of the Committee, Ms A, is unable to attend the voting meeting due to a serious family emergency and announces this fact on the day that the voting meeting was scheduled. After Ms A reads the detailed agenda of the voting meeting, she decides to tell one of her colleagues, who is also attending the meeting, what her vote would be at the voting meeting and asks the colleague to convey this message at the voting meeting. The Language Committee decides to proceed with the voting meeting and adopt a language policy for the University, taking into account Ms A's preferred vote.

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In light of the manner in which it was constituted, the Language Committee's conduct is ............ because the Committee is ...........

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