ARTICLE 1: NAME AND STATUS

1 The institution is called Botlokwa Learners with Special Educational Needs (for the Intellectually Impaired). For convenience, Botlokwa Special School may be used.
1.2   This is the organ through which the school:
”   Functions as a legal entity.
”   Is managed in accordance and in compliance with Acts, Policies and Stipulations of the Republic of South Africa.

VISSION AND MISSION STATEMENT

Our Vision:
To provide quality education for learners with special educational needs and equip them with values, knowledge and skills that will enable them to fulfil productive roles in the community.

   Our Mission:
-To provide a quality education that is based on an inclusive curriculum framework.                         – To help learners develop a positive attitude towards self, society and the environment in which he lives. -To recognise the unique potential in each learner and promote opportunities for development and quality delivery of lifelong learning.
– To empower these learners with life skills, socialization skills as well as vocational skills.
– To create an environment that is conducive to effective teaching and learning.
– To establish a partnership with other stakeholders locally, nationally and internationally.

”   Our Motto :
” WE CAN DO IT AS WELL”

ARTICLE 2: APPLICATION

2.1 The terms of this constitution are binding to all members of the governing body and as far as possible, to all organizations, institutions and persons who are in a relationship with the school.
2.2 In cases where this constitution does not cover the status of a person, institution, functions and or responsibilities of the members, or where it does not deal with specific aspects of school governance, the general rule will apply.

ARTICLE 3: DEFINITIONS AND CLARIFICATION OF TERMS

3.1 “Intellectually Impaired” – refers to all individuals who are classified severely mentally handicapped (SMH) and persons who are impaired in terms of normal ability and functioning.
3.2 Executive committee” – refers to an elected body whose responsibility is to administer and govern the affairs of the school.
3.3 A “Quorum’ – will consist of 50% + 1 of all eligible voters.
3.4 School Community” refers to Educators, Support Staff, Learners and parents at the same school.
3.5 The heading of each article is for editorial purposes only and does not carry any meaning in itself.

ARTICLE 4: ACRONYMS

4.1 LSEN            Learners with special educational needs.
4.2 SGB              School Governing Body
4.3 SMH             Severely Mentally Handicapped

ARTICLE 5: AIMS AND OBJECTIVES OF SGB

5.1 To manage the school in accordance with the applicable acts.
5.2 To meet the special needs of learners who are mentally handicapped, or who have multiple handicaps but whose main disability is intellectual impairment.
5.3 To promote and support teaching and learning of the intellectually impaired irrespective of race, colour, creed, sex, language, religion and political dispensation.
5.4 To raise funds for the realization of the aims of the school.
5.5 To encourage cooperation and foster sound relationship among stakeholders in our community.
5.6 To settle disputes arising between members of the school community, bodies or persons connected directly or indirectly with the school.
5.7 To deal with any other matters not herein specifically referred to in the furtherance of achieving the vision of the school and
5.8 To account for all stakeholders in a democratic and transparent way.

ARTICLE 6: ACTIVITIES OF THE GOVERNING BOODY

6.1 The governing body shall perform such activities as stipulated in terms of powers and duties assigned by the South African Schools Act (Act No. 19347 of 1998) and or any relevant provincial regulation(s).
6.2 The governing body will perform such activities through committees and or persons that must be appointed in accordance with stipulations of this constitution.
6.3 Where necessary the SGB can take over the responsibilities and duties of any committee or appointee under article 6 (6.2) and manage it themselves or delegate it to another committee, member or person.
6.4 Every member must perform duties diligently, whether directly or indirectly in such a way that bona fides are not questionable.
6.5 Each member must keep abreast with all applicable notices and circulars.

ARTICLE7: LIABILITY OF MEMBERS

7.1 The governing body, in accordance with applicable legislations responsible for any contracts acts and decisions that are entered into or executed in its bona fide day to day governing of the school.
7.2 No legal act, whether in defence or prosecution, will be entered into unless properly authorised by a meeting of the governing body.
7.3 No single member of the governing body will be liable for any debt, damage or loss incurred by the school unless one acts without authorisation of the governing body or with malicious intent, in which case, one may be held responsible for such debt, damage or loss.

ARTICLE 8: OFFICIALS

8.1 At the first meeting of the governing body, or soon thereafter, members in attendance will elect the following office bearers: Chairperson, Deputy Chairperson, Secretary, Assistant Secretary and Treasurer.
8.2 As and when necessary, officials may co-opt members onto the governing body or its committees to perform certain duties and or tasks.
8.3 Co-opted members have no voting rights.
8.4 Deputy Chairperson shall chair meetings in the absence of the Chairperson. In case both are absent, present members will appoint one person to lead proceedings for the day.
8.5 Office bearers shall act in accordance with this constitution and relevant acts when performing their duties and responsibilities.

ARTICLE 9: MEETINGS

9.1 The governing body shall meet as much as necessary to perform its duties but at least once per term.
9.2 The secretariat or any delegated person must issue written notices of a meeting at least seven (7) working days in advance. This shall also hold for committee meetings.9.3 With due considerations of the above clause, the Chairperson can call for a meeting of all members to perform their duties. This can only be done if a minimum of four members requests it in writing.
9.4 Notices must include the date, venue, time and agenda. Notices must be sent in such a way that it can be reasonably expected to reach members in good time.
9.5 All meetings must be held under acceptable and or standard meeting procedures.
9.6 A quorum is half the voting members plus one. A majority vote decision at a constituted meeting is binding. In case of a tie, the Chairperson will cast the deciding vote.
9.7 Members must always sign the attendance register.
9.8 All minutes must be kept by the secretariat and must be a true record of deliberations and decisions taken. All adopted minutes must be signed by the Chairperson and the Secretary.
9.9 By majority vote, the governing body can decide to be addressed by an independent community member or party. Such persons will be afforded a fair opportunity to do so.

ARTICLE10: TERM OF OFFICE

10.1 The term office for all elected members shall be to a maximum of three (3) years as determined by the MEC.
10.2 The SGB Chairperson can serve a maximum of two terms.
10.3 This does not preclude such a person to be part of the SGB or the Executive committee thereof.

ARTICLE 11: COMMITTEES

11.1 The governing body must establish the following committees and empower them to perform their duties effectively:
”   Executive Committee
”   Finance Committee
”   Any other Committee deemed necessary to assist in performing any task(s).

ARTICLE 12: DISPUTE RESOLUTION

12.1 Depending on the nature of the dispute, arbitration and mediation will be arranged as close to the source of conflict as possible.
12.2 With the interest of co-operative governance in mind, only issues pertaining to governance will be entertained by the SGB.

ARTICLE 13: PROMULGATION OF POLICIES AND RULES

13.1 Policies affecting the governance of some if not all sections within the institution will be drafted and forwarded to the SGB for ratification.

ARTICLE 14: AMENDMENTS

14.1 This constitution can be amended at the AGM where 60% of members in attendance vote in favour of the amendment.
14.2 Resolutions and or decisions will be enforced as such until such time when they are incorporated into the constitution.

ARTICLE 15: DECLARATION

We the undersigned, hereby declare that this constitution was adopted at a special meeting of the School Governing Body of Botlokwa Special School on the _______________ day of ____________ at ____________________.

We declare our address and contact details as follows