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  Constitution of Hilview Secondary School Governing Body

In terms of Section 20 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 Hillview Secondary School Governing Body (hereinafter, together with it’s successors in title or assigns referred to as the ‘Governing Body’) hereby agree to work together towards the objectives enshrined herein.


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 Governing Body’ means the Governing Body of  Hillview Secondary School, established in accordance with provisions of the Act and  regulations;

4)  ‘the Regulations,’ which means R149 of 1997, the Regulations made in terms of the Schools Education Act No..3 of 1996, and ‘regulation’ shall have a corresponding meaning;

5)  ‘the School’ means Hillview Secondary School, a ‘public school’ within the meaning of expression as defined in the Act;

6)  words importing the masculine gender include females and vice versa.

 1. Legal Persona

The school is a juristic person with legal capacity to sue and be sued in its own name and  to hold property in its own name  subject to the provisions of the Act (the S.A. Schools
Act, 1996)

 2. Name of the Governing Body

The name of the Governing Body shall be Hillview Secondary 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.
3.2   A  member of the Governing Body who is a minor incurs no personal liability for any consequences of his or her membership of the Governing Body (section 32(3) of the S.A. Schools Act, 1996).

 4. Composition of Governing Body

The Governing Body shall consist of:

4.1  the Principal in his or her professional capacity (section 23(1)(b) of the S.A.Schools Act,  1996 and regulations 2(1)(a) of R149 of 1997);
4.2  two educators elected by educators employed at the school (section 23(2)(b) of the S.A. Schools Act, 1996 and regulation 2(1)(b) of R149 of 1997);
4.3  ne non-educator elected by non-educators employed at the school (section 23(2)© of the S.A. Schools Act, 1996 and regulation 2(1)© of R149 of 1997);
4.4  seven 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);
4.5 two learners nominated by the representative council of learners (section 23(2)(d) of the S.A.Schools Act and regulation 2(1)(e) of R149 of 1997);  and,
4.6  up to five members co-opted by the Governing body.  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 regulation 2(3) of R149 of 1997).

 5. Voting rights of members

5.1  The Principal and elected members have voting rights.  In the case of a stay of votes, the Chairman has a casting vote. Co-opted members have no voting rights (section 23(8) of the S.A. Schools Act, 1996).  A member of the governing who is a minor may not vote on resolutions of the Governing  Body which impose liabilities on third parties or on the school (section 31(2) of the S.A. Schools Act, No.844 of 1996).

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