Mtunzini Pre-Primary School: 2015

PROPOSED CONSTITUTION OF THE GOVERNING BODY OF MTUNZINI PRE-PRIMARY SCHOOL, 3 WILLIAMS STREET, MTUNZINI.

1. Name:

The name of the governing body is the Governing Body of Mtunzini Pre-Primary

School EMIS number 220150 (hereinafter revered to as "the governing body").

2. Status:

2.1 The governing body governs the Mtunzini Pre-Primary School (hereinafter

referred to as "the school"), a juristic person, in accordance with the

provisions of the South African Schools Act, 1996 (Act no 84 of 1996) and

the Kwazulu-Natal School Education Act, no. 3 of 1996 andappropriate

regulations and provisions, national and provincial legislation

and the provisions of this Constitution.

2.2 In every instance where the governing body is required to take any step or

action, it will be represented by its chairperson or in his/her absence by its

vice-chairperson or any other member, after having been authorized

thereto by a resolution of the governing body.

3. Objectives:

The objectives of the governing body are:

3.1 the able, responsible and cost-effective governance of the school;

3.2 the promotion of the best interests of the school;

3.3 the maintenance and development of the vision, mission and policy of

the school;

3.4 the promotion of the highest possible quality of education to the learners of

the school;

3.5 the exercising of all the rights, powers and responsibilities of the governing

body as imposed by South African Schools Act, 1996, the Kwazulu-Natal

Education Act, 1996, appropriate regulations and provisions, appropriate

national and provincial legislation and the provisions of this Constitution;

3.6 the maintenance of the rights of all learners, parents, educators and other

staff members attached to the school;

3.7 the development and promotion of the responsibility of parents, educators,

other staff members and learners for the organization, control and

financing of the school in partnership with the State;

3.8 the maintenance of order and discipline at the school;

3.9 the control and management of all funds and assets of the school;

3.10 the raising of funds for purposes of effective governance of the school;

3.11 to operate according to the South African Schools Act , section 36(2) and

(4) when entering into any lease or loan agreement;

3.12 to open and maintain one bank account;

3.13 to invest any surplus money in another account with the approval of the

MEC;

3.14 to enter into contracts in the name of the Mtunzini Pre-Primary School In

the furtherance of any and/or all its objectives;

3.15 to engage employees or voluntary workers in furtherance of its objectives

and to dismiss them in accordance with the procedures as set out in

relevant legislation. Pro-rata teaching staff will be appointed by the

Kwazulu-Natal Department of Education. Additional teaching staff to be

appointed by the Governing Body in accordance with section 20(4)

of the South African Schools Act;

3.16 the management and governance of the pre grade R phases;

4. Membership:

4.1 The members of the governing body are as prescribed in the South African

Schools Act, 1996. Membership comprises:

a. Elected Members

b. The Principal

c. Co-opted members

4.2 The election of members of the governing body will take place in

accordance with the provisions of the South African Schools Act, 1996 the

Kwazulu-Natal Education Act and the applicable regulations promulgated

in terms thereof. Elected Members comprise a member or members of

each of the following categories:

a. Parents of Grade R learners (4 members) to be elected by Grade R parents

at the AGM

b. Principal of School

. c. Educators at the School (1 member)

d. Members of staff at the school who are not educators (1 member)

The election of parent members will take place at the Annual General

Meeting. The number of parent members must comprise one more than

the combined total of other members of the governing body who have

voting rights ie 4

4.3 The governing body is entitled to co-opt additional members.

4.3.1 Co-opted members do not have voting rights.

4.3.2 If the number of elected parents at any stage is not more than the

combined total of other members with voting rights, the governing body

must temporarily co-opt parents with voting rights.

4.3.3 This co-option ceases when the vacancy has been filled through a by-

Election which must be held within 90 days after the vacancy

occurred.

4.4 The term of office of members of the governing body is as prescribed in

the South African Schools Act, 1996 and the applicable regulations

promulgated in terms thereof.

a. Term of office of an elected member may not exceed 3 years.

b. Term of office of an office-bearer of a governing body may not exceed 1

year.

c. a member or office bearer of a governing body may be re-elected or co-

opted, as the case may be, after the expiry of his or her term of office.

4.5 The governing body may appoint a committee to assist them in governing the

pre-grade R phase on behalf of the governing body. The chairperson of such

committee must be a member of the school governing body. Members of this

committee can be elected form parents of learners in the pre-grade R phase.

The committee members will have voting rights in the committee but no

voting rights on the governing body.

5. Rights, Powers and Responsibilities:

5.1 The governing body is entitled to and performs all the rights, powers and

responsibilities granted to it in terms of the applicable legislation and which

is reasonably necessary in order to give effect and to perform all such

rights, powers and responsibilities.

5.2 Where necessary specific rights, duties or responsibilities will be exercised

on behalf of the governing body by the chairperson or such other member

or members authorized by the governing body to do so.

6. Office Bearers:

6.1 At the first meeting of the governing body the elected members present

must elect the following office bearers: (a SGB member may hold more than

one position).

6.1.1 chairperson;

6.1.2 vice-chairperson;

6.1.3 treasurer;

6.1.4 secretary;

6.1.5 any other office bearer who may be required in the discretion of the

governing body.

6.2 The office bearers of the governing body exercise all the rights, duties and

responsibilities which may be required of them in terms of the Constitution.

6.3 The chairperson of the governing body will act as chairperson of all

meetings of the governing body as well as all meetings of the governing

body with learners, parents or staff members of the school.

6.4 In the absence of the chairperson or in the event of the chairperson not

being able to carryout his/her duties as chairperson, the vice-chairperson

must act as chairperson and if he/she is likewise unable to act as such,

the governing body must appoint another member as chairperson during

the period of absence or inability of the chosen chairperson or vice-

chairperson.

7. Meetings:

7.1 The governing body meets as regularly as circumstances require but not

less than once every school quarter.

7.2 The chairperson has a discretion to convene meetings of the governing

body and to determine the date, time and venue thereof but he is obliged, if

requested to do so in writing by at least four members of the governing

body, to convene a meeting of the governing body.

7.3 The secretary or someone else instructed by the chairperson must give at

least fourteen days’ (or such shorter period as the governing body may

unanimously approve) notice of any meetings of the governing body and

such notice must be given to all members of the governing body.

7.4 In the case of a matter which the chairperson considers to be urgent, only

24 hours prior notice of a meeting need be given to the members of the

governing body.

7.5 Unless unanimously agreed otherwise by the governing body, notices of all

meetings of the governing body must be in writing and accompanied by the

following:

7.5.1 an agenda;

7.5.2 the minutes of the previous meeting, if applicable;

7.5.3 all other information that is reasonably required to enable members of the

governing body to prepare properly for the meeting;

7.6 The secretary or such other person appointed for this purpose by the

governing body, records the proceedings at all governing body meetings.

If requested to do so, the secretary will provide a copy of the minutes to the

Head of the Provincial Education Department.

7.7 The minutes of the proceeding of a governing body meeting must be

approved by the governing body at the next meeting and will at all times be

available for inspection by members of the governing body and the Head of

Education in the province.

7.8 Anyone who is not a member of the governing body may, by invitation of

the governing body, attend a governing body meeting and may take part in

the discussions and may address the governing body should the duties of

the governing body require it. Such person will however not have a vote

during the meeting and has to leave the meeting when the governing body

so decides.

7.9 The governing body may demand that any staff member of the

School attends the meeting of the governing body in connection with any

matter that has to do with the functions of the governing body.

7.10 The majority of the number of members of the governing body forms a

quorum for any meeting of the governing body.

7.11 A member of the governing body must excuse himself from a meeting of the

governing body for the duration of any discussion and decision-taking on

any matter in which such member has a personal interest.

7.12 On the dissolution of the governing body or the expiration of its term of

office, all minutes and other documents of the governing body or any of its

committees must be handed to the principal of the school.

7.13 At the permanent closing of the school the principal must hand all minutes

and other documents of the governing body or any of its committees to the

relevant district office of the provincial Education Department for

safekeeping.

8. Proceedings and Voting:

8.1 Meetings of the governing body are conducted according to the accepted

and well-known rules and principles of meeting procedures in South Africa.

8.2 Should a dispute arise as to the procedure at meetings, the chairperson

shall have the right to determine the procedure.

8.3 All decisions of the governing body shall, as far as possible, be taken by

consensus.

8.4 If in the opinion of the chairperson it appears that consensus in regard to a

particular discussion point cannot be reached, the members with voting

rights shall vote on such motion by way of the raising of hands or such other

method as the meeting may decide.

8.5 In the event of a tie in the voting the chairperson shall, apart from his normal

vote, have a casting vote.

8.6 Apart from a decision to amend this Constitution, all decisions of the

governing body may be taken by an ordinary majority vote.

9. Committees:

9.1.1 The governing body is entitled to establish committees to assist it in the

performance of its functions and duties.

9.1.2 The governing body may appoint persons who are not members of the

governing body to such committees on grounds of expertise.

9.2 The chairperson of a committee of the governing body must be a member

of the governing body.

9.3 Committees of the governing body are responsible to the governing body

and exercise only those functions allocated to it by the governing body.

9.4 Committees of the governing body must report to the governing body as

often as may be required by the governing body and must submit all their

decisions to the governing body for approval.

9.5 Minutes of the meetings of committees of the governing body must at all

times be available for inspection by the governing body.

10. Finance Committee and Finance Procedures:

10.1 The governing body appoints a finance committee consisting of the

treasurer, one representative from the parent component of the SGB, one

parent from the pre-grade R phase, the secretary(bursar), the principal and

one representative from the educator component to uphold the Financial

Policy of the school.

10.2 The treasurer of the governing body acts as chairperson of the finance

committee.

10.3 The principal acts as accounting officer of the school.

10.4 The finance committee of the governing body:

10.4.1 advises the governing body on financial policy and determines guidelines

for the financial administration;

10.4.2 is responsible for the performance of all duties of the school in connection

with the keeping of financial records, the appointment of a bookkeeper or

auditor, the auditing of the financial records, the provision of information

on the school’s finance matters, the preparation of a budget, the

determination of the school fees, the exemption or partial exemption from

the payment of school fees and all other matters of a financial nature in

accordance with generally accepted accounting practice.

10.4.3 The auditor shall have no financial interest in the affairs of the School.

10.5 All decisions of the finance committee are subject to approval by the

governing body.

11. Reports to and Meetings with Stakeholders:

11.1 The governing body meets at least once every school year with parents,

educators and other staff members of the school.

11.2 The governing body decides whether such meetings will be held with

parents, educators and other staff members separately or in

combination.

11.3 During the meeting contemplated in clause 11.1 above, the governing body

reports on its activities and discusses such matters that may serve to

promote the objectives of the governing body.

11.4 During the meeting contemplated in clause 11.1 above, the Grade R

parents elect

Grade R parent members to the governing body and pre-grade R parents

elect members to the pre-grade R committee.

12. Amendment of the Constitution:

12.1 Any provision of this Constitution may be amended at a meeting of the

governing body, provided that:

12.1.1 the members of the governing body have been given notice of such

proposed amendment at least one calendar month before the meeting at

which the amendment is to be considered;

12.1.2 reasonable particulars of the proposed amendment were given

simultaneously with the aforesaid notice of the meeting;

12.1.3 any amendment of the Constitution be approved by at least two thirds of all

the members of the governing body with voting rights;

12.2 Should there not be sufficient members present at a meeting contemplated

in clause12.1.3, a further meeting will be called at least two weeks after

the first meeting, with the exclusive purpose of considering the proposed

amendment. Should there still not be two thirds of the members present at

the second meeting, the proposed amendment may be approved by two

thirds of the members present at the second meeting;

13. Rules and Policy:

13.1 Subject to any legal provision and this Constitution, the governing body may

in its discretion make rules or determine policy in connection with any

matter concerning its functioning or the functioning of any of its committees

or in the manner in which any office bearer or authorized representative of

the governing body should perform his or her functions.

13.2 Such rules and policy do not form part of this Constitution and any

amendment thereof need not comply with the provisions relating to the

amendment of the Constitution.

14. Dissolution Clause:

Mtunzini Pre-Primary may only be closed in terms of section 33 of the South

African Schools Act.

Links