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).
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).