CONSTITUTION OF THE AVOCA PRIMARY
SCHOOL GOVERNING BODY

In terms of Section 29 of the Constitution of the Republic of South Africa Act (Act No. 108 of 1996) and Section 18 of the South African Schools Act (No. 84 of 1996), the subscribing members of the Avoca Primary School GoveningBody (hereinafter, together with its sucessors in title or assigns, referred to as the ‘Govening Body’) hereby agree to work together towards the objectives enshrined herein.
DEFINITIONS
In this Constitution, unless inconsistent with the context:
1) ‘the Act’ means the South African Schools Act, 1996 (Act Number 84 of 1996);
2) ‘the Secretary’ means the Secretary of Education in the KwaZulu Natal Department
of Education and Culture;
3) ‘the Govening Body’ means the Govening Body of Avoca Primary School, established in accordance with provisions of the Act and the Act and regulations;
4) ‘the Regulations’ means R149 of 1997, the Regulations made in terms of the Schools Education Act No. 3 of 1996, ‘regulation’ shall have a corresponding meaning;
5) ‘the school’ means Avoca Primary, a ‘public school’ within the meaning of that expression as defined in the Act;
1. LEGAL PERSONALITY
The school is a juristic person with legal capacity to sue and be sued in its own name, to hold property in its own name and, subject to the provisions of the Act, of the S A Schools Act, 1996)
2. NAME OF GOVERNING BODY
The name of the Governing Body shall be Avoca Primary School Governing Body.
3. LIABILITY OF MEMBERS
3.1 A member of the Governing Body does not incur personal liability for lawful acts
of the Governing Body.

4. COMPOSITION OF GOVERNING BODY
The Governing Body shall consist of:
1.1. the Principal in his or her official capacity (Section 23(1)(b) of the S A Schools Act 1996 and regulations 2(1)(a) of R149 of 1997);
1.2. two educators elected by educators employed at the school (section23(2)(b) of the S A Schools Act, 1996 and regulation 2(1)(b) of R149 of 1997);
1.3. one non-educator elected by non-educators employed at the school (section 23(2)(c) of the S A Schools Act, 1996 and regulation 2(1)(c) of R149 of 1997);
1.4. Five parents elected by parents (section 23(2)(a) and (9) of the S A Schools Act, 1996 and regulations 2 (1)(d) of R149 of 1997);
1.5. up to five members co-opted by the governing. Co-opted members must be community members (including donors) or persons with special expertise required by the school (section 23(6) of the S A Schools Act, 1996 and regulation2(3) of R149 of 1997).
2. VOTING RIGHTS OF MEMBERS
2.1. The principal and elected members have voting rights.
2.2. In the case of a stay of votes, the chairman has a casting vote.
2.3. Co-opted members have no voting rights (section 23(8) of the S A Schools Act, 1996).

3. TERMS OF OFFICE OF MEMBERS
3.1. The term of office of elected members is three years (section 31(3) of the S A Schools Act, 1996 and regulation 3(1) of R149 of 1997).
3.2. Members of the Governing Body remain in office after the expiry of their term of office until the election of the next Governing Body (regulation 3(3) of R149 of 1997).
3.4. A member of the Governing Body may be re-elected or co-opted, as the case may be, after the expiration of his or her term of office (regulation 3(4) of R149 of 1997).
3.5. The term of office of elected and co-opted members come to an end upon the adoption of a motion of no confidence in the Governing Body by parents at a properly constituted meeting of parents.
4. ELIGIBILITY AS MEMBERS OF A GOVERNING BODY
A member vacates his or her office as he or she :
4.1. no longer meets the requirements set out in regulation 791) of r149 of 1997 (regulation 7(2)(a) of R149 of 1997);
4.2. resigns (regulations 7(2)(b) of R149 of 1997);
4.3. is elected by educators or non-educators employed by the school as their representative and he or she is transferred or seconded away from the school (regulation 7(2) of R149 of 1997); or
4.4. has been absent without leave from two or more consecutive ordinary meetings of the Governing Body (regulation 7(2) of R149 of 1997).
5. FUNCTIONS OF THE GOVERNING BODY
5.1. The Governing Body shall:
5.1.1. promote the best interest of the school and strive to ensure its development through the provision of quality education for learners at the school (section 20(1)(a) of the S A Schools Act, 1996 and regulation 4(1)(a) of R149 of 1997);
5.1.2. develop a mission statement for the school (section 20(1)(c) of the S A Schools Act, 1996 and regulation 4(1)(d) of R149 of 1997);
5.1.3. adopt a code of conduct for learners at the school (section 8(1)(d) and 20(1)(d) of the S A Schools Act, 1996 and regulation 4(1)(d) of R149 of 1997);
5.1.4. assist the Principal, educators and other staff of the school in the performance of their professional duties (section 20(1)(e) of the S A Schools Act, 1996 and regulation 4(1)(e) of R149 of 1997);
5.1.5 Determine times of the school day consistent with any applicable conditions of employment of staff at the school and the minimum length of school days determined by the Minister (section (20)(f) of the S A Schools Act, 1996 and regulation 4(1)(f) of r149 of 1997);
5.1.5. administer and control the school’s property, and buildings occupied by the school (section 20(1)(g) of the S A Schools Act, 1996 and regulation 4(1)(g) of R149 of 1997);
5.1.6. encourage parents, learners, educators and other staff at the school to render voluntary services to the school (section 20(1)(h) of the S A Schools Act, 1996 and regulation 4(1)(h) of R149 of 1997);
5.1.7. recommend to the Secretary the appointment of educators at the school, subject to the Educators’ Employment Act, 1994 (Proclamation No 138 of 1994) and the Labour Relations Act, 1995 (Act No. 66 of 1995) (section 20(1)(i)

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