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Charter for Provincial Councils

CHARTER FOR PROVINCIAL COUNCILS

1. Status
1.1 This charter constitutes the Charter for Provincial Councils, and is hereinafter referred to as ‘the Charter’.
1.2 The Charter has the same status as the Constitution and is regarded as an integral part of the Constitution, provided that in the event of conflicting content, the Constitution shall take preference.
1.3 In this Charter, the following words bear the following meanings:
1.3.1 “FEDSAS” or “the organisation” means the Federation of Governing Bodies of South African Schools.
1.3.2 “Constitution” means the Constitution of FEDSAS.
1.3.3 “Council” means the Provincial Council established in terms of this Charter.
1.3.4 “National Council” means the National Council of FEDSAS as constituted in terms of section 9.2 of the Constitution.

2. Aims and objectives
2.1 The aims and objectives of the Council are, on behalf of the National Council, to promote, apply and implement the objectives of FEDSAS as contained in clause 6 of the Constitution, and to represent the members of FEDSAS in the province.
2.2 The Council shall perform such functions and execute such decisions as may be delegated to it from time to time by the National Council.

3. Composition and election of Council
3.1 The Council shall consist of the following members:The provincial manager ex officio
The provincial chairperson
The provincial deputy chairperson
One representative for each district/region in the province. For purposes hereof, districts/regions will be as determined by the provincial manager in consultation with the Council, and do not necessarily have to resemble the districts/regions of the relevant provincial education department.
3.2 The members of the Council shall be members of governing bodies of public schools in the province that are members of FEDSAS.
3.3 The names of potential Council members shall be nominated in writing by the provincial manager following consultation with the serving Council, and shall be tabled to the National Council for appointment as members of the Council. Once the National Council has appointed the members of the Council, the Council will elect a chairperson and deputy chairperson from its own ranks.
3.4 One chief and one alternate member will be appointed for each education region or district. The alternate member shall automatically become a member of the Council should the chief member be elected chairperson or deputy chairperson, or should the chief member be temporarily unable to fulfil his/her duties as Council member.
3.5 The Council shall be entitled to co-opt members onto the Council, provided that the number of co-opted members shall not exceed 50% of the number of elected members.
3.6 Should a Council vacancy arise, the Council may invite nominations and hold elections in any way deemed appropriate by the Council and that complies with the principles of accountability, representivity and transparency.

4. Meetings of Council
4.1 The provincial chairperson shall convene meetings of the Council, except the first meeting following the appointment of a new Council, which shall be convened by the provincial manager.
4.2 The Council shall meet as and when required, but at least twice per annum.
4.3 Notice of meetings indicating the date, time and venue of the meeting as well as agenda items shall be given at least seven (7) days before the date of the meeting.
4.4 The provincial manager shall act as secretary of the Council and shall keep proper minutes of all meetings of the Council.
4.5 Council meetings shall be chaired by the provincial chairperson or, in his or her absence, the provincial deputy chairperson.
4.6 The quorum for meetings of the Council shall be 50% of the members, plus one.
4.7 The National Chairperson, National Deputy Chairperson, Chief Executive and Deputy Chief Executive shall be entitled to attend and address any Council meeting.

5. Functions of Council
The Council shall perform the following functions and exercise the following powers on behalf of the National Council:
All the functions and powers delegated to it from time to time by the National Council; Advising the National Council on governance issues pertaining to the specific province; Overseeing the effective use of resources by FEDSAS in the province on behalf of the National Council; and performing such specific functions as required by the National Council from time to time; Facilitating networking, fundraising and advocacy opportunities and events in aid of FEDSAS in the province; Nominating and mandating members to attend and vote at the Annual General Meeting of FEDSAS; Establishing structures for liaison with the provincial education department and other stakeholders in education in the province; Convening provincial and/or regional meetings and events for FEDSAS members.

6. Term of office of Council members and office bearers
6.1 The term of office of members and office bearers of the Council shall be three years.
6.2 The chairperson and deputy chairperson of the Council shall be elected by the members of the Council at the first meeting of the new Council.
6.3 Members and office bearers of the Council shall automatically vacate office should they fail to attend 50% of meetings, including teleconferences.

7. Sub-committees
The Council may establish the following sub-committees:
7.1 An Executive Committee consisting of at least the provincial chairperson, deputy chairperson and provincial manager (ex officio). The Council may appoint as many other members to the Executive Committee as it may deem appropriate.
7.2 Regional committees

8. Provincial annual general report
8.1 A provincial annual general report shall be provided in writing to all members of FEDSAS in the province following approval by the Chief Executive, before the end of October each year.
8.2 The following matters shall be dealt with in the provincial annual report:
8.2.1 Report by the provincial chairperson on behalf of the National Council
8.2.2 FEDSAS finance report
8.2.3 Report by provincial manager on behalf of the Chief Executive, as well as on provincial performance
8.2.4 Other matters as deemed necessary or as required by the Constitution.

THIS CHARTER WAS APPROVED AT A NATIONAL COUNCIL MEETING HELD ON 17 APRIL 2009, AND WAS AMENDED ON 20 JULY 2009 AND 16 MARCH 2012 BY RESOLUTION OF THE NATIONAL COUNCIL.