BALMORAL GIRLS PRIMARY SCHOOL CONSTITUTION OF THE SGB 1. DEFINITIONS 1.1. "Schools Act" means the South African Schools Act 84 of 1996, as amended. 1.2. "Regulations" means the Regulations promulgated in accordance with the Schools Act; 1.3. "Governing Body" means the Governing Body of the school as is defined in Section 16(1) of the Schools Act; 1.4. "School" means Balmoral Girls' Primary School and Balmoral Girls Pre-Primary School; 1.5. "Education Department" means the Department established by Section 7(2) of the Public Service Act, 1 994 (Proclamation 103 of 1944), which is responsible for education in a province; 1.6. "Head of Department" means the head of an education department; 1.7. "Members of the Executive Council (MEC)" means the member of the Executive Council of a province who is responsible for education in that province; 1.8. "Minister" means Minister of Education. 2. NAME 2.1. The name of the governing body is the Governing Body of Balmoral Girl s Primary and Pre-Primary School (hereinafter referred to as "the governing body"). 3. OBJECTIVES OF THE GOVERNING BODY 3.1. The objectives of the governing body are 3.1.1. the able, responsible and cost-effective governance of the school; 3.1.2. the promotion of the best interests of the school; 3.1.3. the maintenance and development of the vision, mission and policy of the school; 3.1.4. the promotion of the highest possible quality of education to the learners of the school;
3.1.5. the exercising of all the rights, powers and responsibilities of the governing body as imposed by South African Schools Act, 1996, appropriate regulations and provisions, appropriate national and provincial legislation and the provisions of this Constitution; 3.1.6. the maintenance of the rights of all learners, parents, educators and other staff members attached to the school; 3.1.7. 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 3.1.8. the raising of funds for purposes of effective governance of the school; 3.1.9. the control and management of all funds and assets of the school; 3.1.10. the maintenance of order and discipline at the school. 4. ELECTION OF THE GOVERNING BODY 4.1. The members of the Governing Body shall be elected in accordance with the provisions of the Schools Act and in terms of the applicable Regulations promulgated in terms thereof. 5. MEMBERSHIP OF THE GOVERNING BODY 5.1. Subject to the provisions of the Schools Act, the membership of the Governing Body shall comprise:- 5.1.1. Elected members, the principal in her official capacity and co-opted members; 5.1.2. Elected members of the Governing body shall comprise a member or members of each of the following categories:- 5.1.2.1. Parents of learners at the school; 5.1.2.2. Educators at the school; 5.1.2.3. Members of staff at the school who are not educators. 5.1.3. A parent who is employed at the school may not represent parents on the Governing Body in terms of Paragraph 5.1.2.1. 5.1.4. The Governing Body may co-opt a member or members of the community to assist in discharging its functions; 5.1.5. Co-opted members do not have voting rights on the Governing Body;
5.1.6. The numbers of parent members must comprise at least one more than the combined total of other members of the Governing Body who have voting rights; 5.1.7. If the number of 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; 5.1.8. If a parent is co-opted with voting rights as contemplated in Paragraph 5.7, the co-option ceases when the vacancy has been filled through a by -election which must be held according to procedure determined, in terms of Section 28(d) of the Schools Act, within 90 days after the vacancy has occurred; 5.1.9. If a person elected as a member of a Governing Body ceases to fall within the category referred to in that sub-section in respect of which he or she was elected as a member, he or she ceases to be a member of the Govern ing Body. 6. OFFICE BEARERS OF GOVERNING BODY 6.1. The Governing Body must, from amongst its members elect office bearers, who must include at least:- 6.1.1. A chairperson; 6.1.2. A treasurer; 6.1.3. A secretary; 6.2. Only a parent member who is not employed at the school may serve as the chairperson of the Governing Body; 6.3. Such elections shall take place at the first meeting of the Governing Body after the Governing Body elections, or alternatively, at the first meeting in the new school term, whichever is applicable. 6.4. 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. 6.5. 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. 6.6. In the absence of the chairperson or in the event of the chairperson not being able to carry out 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. 6.7. The term of office of the office bearers of the governing bo dy is as prescribed in the Schools Act. 7. COMMITTEES OF GOVERNING BODY 7.1. The governing body is entitled to establish committees to assist it in the performance of its functions and duties. 7.2. The chairperson of a committee of the governing body must be a member o f the governing body. 7.3. Committees of the governing body are responsible to the governing body and exercise only those functions allocated to it by the governing body. 7.4. 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. 7.5. Minutes of the meetings of committees of the governing body must at all times be available for inspection by the governing body. 8. TERM OF OFFICE OF MEMBERS AND OFFICE BEARERS OF GOVERNING BODIES 8.1. The term of office of a member of a Governing Body may not exceed 3 (three) years; 8.2. The term of office of an office bearer of a Governing Body may not exceed one year; 8.3. A member or office bearer of a Governing Body may be reelected or co-opted, as the case may be, after expiration of his or her term of office; 9. RIGHTS, POWERS AND RESPONSIBILITIES OF THE GOVERNING BODY 9.1. 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.
9.2. 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. 9.3. Specifically these functions, powers a shall include:- 9.3.1. To prepare a budget each year, according to the guidelines determined by the MEC, which shows the estimated income, expenditure and planned capital expenditure of the school for the following financial year; 9.3.2. To determine and charge school fees; 9.3.3. To enforce, by process of law, the payment of school fees by parents who are liable to pay in terms of the Section 40 of the Schools Act; 9.3.4. To keep records of funds received and spent by the school and of its assets, liabilities and financial transactions; and 9.3.5. To draw up annual financial statements in accordance with the guidelines as determined by the MEC; 9.3.6. To determine the language policy of the school, subject to the Constitution and the provisions of the School Act; 9.3.7. To determine the admission policy of the school; 9.3.8. To adopt a code of conduct for the learners after consultation with the learners, parents and educators of the school; 9.3.9. To enquire into the conduct of a learner and to suspend such learner from attending the school in terms of Section 9 of the Schools Act; 9.3.10. To adopt a-constitution; 9.3.11. To develop the mission statement of the school 9.3.12. To support the principal, educators and other staff of the school in the performance of their professional functions; 9.3.13. To determine times of the school day consistent with any applicable conditions of employment of staff at the school; 9.3.14. To administer and control the school's property, buildings and grounds occupied by the school, including school hostels; 9.3.15. To. encourage parents, learners, educators and other staff at the school to render voluntary services to the school;
9.3.16. To recommend to the Head of Department the appointment of educators at the school, subject to the Educators Employment Act, 1994 and the Labour Relations Act, 1995; 9.3.17. To recommend to the Head of Department the appointment of non - educator staff at the school, subject to the Public Service Act, 199 4 and the Labour Relations Act, 1995; 9.3.18. To appoint a person, registered as an auditor in terms of the Auditing Professions Act (Act 25 0f 2005), to audit the records and financial statements of the school. 9.3.19. To perform activities which, besides any other stipulations, fall within the powers of the Governing Body and which are necessary for the welfare of the school; 9.3.20. To sue and be sued in the name of the school. 9.4. The Governing Body may allow the reasonable use of the facilities of the school for community, social and school fundraising purposes, subject to such reasonable and equitable conditions as the Governing Body may determine which may include the charging of a fee or tariff which accrues to the school; 9.5. The Governing Body may join a voluntary association representing governing bodies of public schools; 9.6. The Governing Body may determine a post for educators and may employ educators additional to the establishment determined by the member of the executive council in terms of Section 31 of the Educators Employment Act; 9.7. The Governing Body may establish posts for non-educators and may employ such non-educator staff additional to the establishment determined in terms of the Public Service Act, 1994. 10. LIABILITY OF MEMBERS OF THE GOVERNING BODY 10.1. A member of the Governing Body is not liable for any debt, damage or loss incurred by the school unless he/she acted without authorization, with malicious intent or negligently.
11. LEGAL PERSONALITY 11.1. The school is a juristic person, with legal capacity to perform its functions in terms of Section 15 of the Schools Act and appropriate regulations and provisions, national and provincial legislation and the provisions of this Constitution. 11.2. 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. 12. APOLOGIES FOR ABSENCE OF MEMBERS OF THE GOVERNING BODY 12.1. The Governing Body accepts leave of absence of a member or members for a period not to exceed 6 (six) months. 13. CASUAL VACANCIES 13.1. A casual vacancy in the Governing body occurs when a member:- 13.1.1. Submits a written resignation; 13.1.2. Dies; 13.1.3. Is relieved of his/her office in accordance with the Regulations; 13.1.4. Is absent for 3 (three) consecutive meetings without the permission of the Governing Body; or 13.1.5. Is found to be incompetent as defined in the Regulations; 13.2. A casual vacancy is filled in the same way as the member who previously held the office was nominated or appointed 14. MEETINGS AND MEETING PROCEDURE 14.1. Number of Meetings:- 14.1.1. The Governing Body meets at least 8 (eight) times a year. 14.2. Extra-ordinary Meetings:- 14.2.1. An extra-ordinary meeting is convened by the chairman when he deems it necessary or when at least 4 (four) members submit a written request for such a meeting together with reasons for this request;
14.3. Emergency Meetings:- 14.3.1. An emergency meeting may be convened by the chairman when he deems it necessary. 14.4. Notice of meetings:- 14.4.1. Ordinary and extra-ordinary meetings take place after written notice of the meeting has been issued at least 7 (seven) days prior to the meeting. The notice of the meeting must include a list of the matters to be discussed at the meeting. 14.4.2. An emergency meeting takes place after written or verbal notice of the meeting has been given at least 24 (twenty four) hours prior to the meeting. The notice of the meeting must include written or verbal advices as to the matters to be discussed at the meeting. 14.5. Agenda:- 14.5.1. The Governing Body deals with matters of which prior notice has been given, as well as matters which the chairman or any other member, with the approval of the meeting puts forward; 14.5.2. Any person can, upon invitation of the Governing Body, attend the meeting of the Governing Body and participate in the discussions, but without the right to vote. 14.5.3. The Governing Body can summer, any staff member of the school to attend the meeting for the purpose decided upon by the Governing Body 14.6. Quorum:- 14.6.1. The majority of the number of members of the Governing Body 14.7. Votes:- 14.7.1. Each member of the Governing Body has 1 (one) vote. At the conclusion of the voting, the chairman has the casting vote. 14.8. Minutes:- 14.8.1. The secretary of the Governing Body minutes all decisions taken by the meeting and provides each member of the committee with a copy thereof. A member is at liberty, with or without a concise statement of reasons, to have it noted that he/she voted against a specific decision or that he/she was not present when the decision was taken.
14.9. Approval of Minutes;- 14.9.1. The minutes of a meeting are approved at the next meeting and are signed by the chairman and the secretary. 14.10. Standing Order and Procedures:- 14.10.1. The chairman decides on a matter of standing order and procedure. Should a member question such a decision, the question is submitted to the meeting without any further discussion. 14.11. Recusal by Members:- 14.11.1. A member of the Governing Body must withdraw from a meeting of the Governing Body for the duration of the discussion and decision - making on any issue in which the member has a personal interest. 15. ANNUAL GENERAL MEETING 15.1. An Annual General Meeting shall be held at least once a year between the Governing Body, parents, educators and other staff; 15.2. The Governing Body shall render a report on its activities at such meeting; 15.3. The principal shall render a report of his/her activities at such meeting; 15.4. Notice shall be given of the Annual General Meeting at least 30 (thirty) days before the meeting is scheduled to take place; 15.5. Minutes shall be kept of all decisions taken at the Annual General Meeting by the secretary of the Governing Body; 15.6. Each Governing Body member, parent, educator and other staff member, present and voting, shall have 1 (one) vote and at the conclusion of the voting, the chairman has the casting vote; 15.7. One-half, plus one of the persons mentioned in paragraph 15.1, who are present and voting, shall constitute a quorum. 16. BUDGET MEETING 16.1. A budget meeting shall be held annually between the Governing Body and the parents; 16.2. The Governing Body shall present the annual budget at such meeting which shows the estimated income and expenditure of the school for the following financial year, for consideration and approval by a majority of the parents present and voting; 16.3. The budget meeting shall be convened on at least 30 (thirty) da ys notice;
16.4. The school fees payable by the parents shall be determined by resolution adopted by a majority of the parents attending the meeting and shall provide for:- 16.4.1. the amount of fees to be charged; and 16.4.2. equitable criteria and procedures for the total, partial or conditional exemption of parents who are unable to pay school fees 16.5. The budget must provide sufficient details of any extra posts created by the Governing Body in respect of educators and non-educators and shall include the estimated costs relating to the employment of staff in such post and the manner in which it is proposed that such costs will be met 17. BANK ACCOUNT 17.1. Bank deposits and all other financial transactions are executed in the name of the school. The school's cheques, bills and other such documents are signed on behalf of the school by two persons from the number of persons appointed by the Governing Body. 18. FINANCIAL YEAR 18.1. The financial year commences on the first day of January and ends on the last day of December of each year. 19. SUBMISSION OF FINANCIAL STATEMENTS 19.1. The audited financial statements of the school are submitted annually to the Head of Department, as prescribed and within 6 (six) months after the end of the financial year; 19.2. The statements referred to in paragraph 19.1 are also submitted to the Balmoral Girls Pre-Primary and Asset Trust for their information 20. PARENT COMMITTEES 20.1. The Governing Body may establish a parent committee to advise it and to perform such functions as the Governing Body determines. 21. ANCILLARY POWERS AND DUTIES 21.1. The area in which business will be carried on and in which contributions will be collected shall be the Eastern Cape Province;
21.2. Necessary expenses incurred by a member of the Governing Body in the performance of his/her duties may be reimbursed by the Governing Body; 21.3. No member of a Governing Body may be remunerated in any way for the performance of his/her duties. 21.4. The decisions of any other committee/committees must be submitted to the Governing Body at the next General Meeting for approval. 22. AMENDMENT OF THE CONSTITUTION 22.1. A decision to amend this Constitution requires a two-thirds majority of the total membership of the Governing Body after all members have been informed of the proposed amendment at least 2 (two) months in advance. 22.2. If too few members are present at the meeting convened for this purpose, a second meeting must be called exclusively for this purpose at least 2 (two) weeks after the first meeting. If two-thirds of the members are not present at the second meeting, the amendment may be effected by two-thirds of the members present, after which it is submitted to the relevant department for approval 23. DISSOLUTION 23.1. The Governing Body may be dissolved if at least two-thirds of the members present and voting at a general meeting of members convened for the purpose of considering such matter are in favour of dissolution. Not less than 21 (twenty one) days notice shall be given of such meeting and the notice convening the meeting shall clearly state that the question of dissolution o f the Governing Body and disposal of its assets will be considered. If there is no quorum at such a general meeting the meeting shall stand adjourned for not less than 1 (one) week and the members attending such adjourned meeting shall constitute a quorum; 23.2. If upon dissolution of the Governing Body there remain any assets whatsoever after the satisfaction of all its debts and liabilities, such assets shall, in consultation with the relevant education department, not be paid to or distributed among its members, but shall be given to such other organization(s) (preferably having similar objects) which is/are authorized to collect contributions in terms of the Fundraising Act, 1 978, as may be decided either
by the members at the general meeting at which it was decided to dissolve the Governing Body or, in default of such decision, by the Director of Fundraising.