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1.1 The name of the association is the Federation of Governing Bodies of South African Schools (hereinafter ‘the association’ or ‘FEDSAS’).
1.2 The official abbreviation of the name of the association is FEDSAS.
2. Juristic personality
2.1 FEDSAS is a juristic person and non-profit association, and, as such, has rights and obligations, and assets and liabilities, as well as the capacity to sue and be sued in its own name.
2.2 FEDSAS shall continue to exist despite changes in the composition of its membership or office bearers.
2.3 None of the members of FEDSAS is liable for the liabilities or obligations of the association, or entitled to its assets or income, except as reasonable remuneration for services rendered.
2.4 Subject to prior authorisation by the National Council, the chair of the National Council, or, in his/her absence, the deputy chair or any other member of the National Council authorised thereto by a resolution of the National Council, shall represent FEDSAS in all juristic acts of the association.
The vision of FEDSAS is to preserve and promote quality education in all schools in the Republic of South Africa.
The mission of FEDSAS is to do everything in its power to represent its members and interest groups, being parents, learners and staff, in securing and promoting the highest possible standard of education for all children in our country, and to promote effective leadership in and of school governance and management.
5.1 FEDSAS endorses the Constitution of the Republic of South Africa.
5.2 FEDSAS supports the principle of maximum devolution of school governance and management to governing bodies of public schools, and strives to promote and extend governing bodies’ powers and functions by building governing body capacity.
5.3 FEDSAS supports and promotes the principle of the freedom of governing bodies and school communities to supplement the level at which the state provides education.
5.4 FEDSAS endorses the principle of selection and recognition based on merit and excellence.
5.5 FEDSAS supports the principle that school governing bodies should create opportunities for each learner to achieve his/her full potential.
5.6 FEDSAS endorses the principle of maintaining and promoting a culture of learning and teaching at all schools, as well as the principle of excellence in education.
5.7 FEDSAS supports the principle of establishing and maintaining sound relationships with all education interest groups.
5.8 FEDSAS supports the principle of tolerance. We respect and acknowledge the various cultures, religions and languages of the people of the Republic of South Africa, united in our diversity.
The objectives of FEDSAS are as follows:
6.1 To unite governing bodies as well as groups envisaged in paragraph 7 below.
6.2 To serve as a representative body and mouthpiece for the promotion of the common interests and ideals of its members, without interfering in their domestic affairs.
6.3 To obtain official recognition from all relevant bodies, institutions and authorities.
6.4 To enter into discussions and negotiate with, and make submissions to, authorities and other institutions at all levels on behalf of FEDSAS members.
6.5 To raise funds to achieve the objectives of FEDSAS.
6.6 To take all steps that may be necessary to promote the mission or objectives of FEDSAS.
6.7 To train, equip and assist FEDSAS members in exercising their rights, discharging their duties, and fulfilling their responsibilities.
6.8 To establish and promote sound communication with all education interest groups.
6.9 To work innovatively to derive maximum value from the available technology in order to meet both our internal and operational needs, and to serve and guide members as to the impact of technology on education.
7.1 FEDSAS members comprise affiliated governing bodies of schools that have become members by virtue of approved membership applications.
7.2 Designated groups or organisations may be admitted as members of FEDSAS, even if they are not governing bodies of public schools, if the relevant membership application is approved by at least 75% of the members of the National Council present and voting at the meeting concerned, subject to such conditions as may be imposed by the meeting and accepted by the applicant.
7.3 A member of FEDSAS may terminate its membership of the association by way of written notice to the chief executive.
7.4 The chief executive may terminate a member’s membership in writing in the event of non-payment of the prescribed membership fees, or based on an action or conduct that, in the chief executive’s opinion, is out of keeping with any provision of this constitution or any resolution of the National Council. Such termination shall occur only after a member has been afforded a reasonable period of time to supply reasons why the member’s membership should not be terminated.
7.5 If a member’s membership is terminated in accordance with paragraph 7.4 above, such member shall be entitled to appeal to the National Council against the chief executive’s decision. The written notice of appeal must reach the chair by no later than twenty (20) calendar days following the date of termination of membership.
7.6 When considering the appeal, the National Council shall be entitled to obtain such additional information as, in the National Council’s view, may be necessary to reach a fair and just decision.
8.1 The official languages of FEDSAS are English and Afrikaans, as well as any other official language of the Republic of South Africa that the National Council may identify from time to time.
8.2 To the extent practicable, all agendas and minutes of meetings shall be drafted in each of the official languages of FEDSAS either by rotation or on request, provided that a member shall be entitled to insist that a motion or resolution be proposed and minuted in the official FEDSAS language of his/her choice.
8.3 Motions and amendments shall be put forward in the official language of the proposer’s choice, provided that the chair shall be entitled to present a free translation of such motion or amendment to the meeting.
9.Structures of FEDSAS
9.1. Annual General Meeting
9.2. National Council
9.3. Executive Committee
The Executive Committee shall be entitled to co-opt members as required, provided that no co-opted member shall have the right to vote at any meeting of the Executive Committee.
Audit and Risk Committee
Human Resources Committee
3. The chair of each committee must be appointed by the National Council.
4. The National Council may appoint any person as a member of a committee.
9.5. The chair, deputy chair, secretary, and treasurer
9.6. Executive Centre
The management and executive functions of FEDSAS vest in the chief executive.
9.7. Provincial Councils
7.1. FEDSAS shall have a Provincial Council for each province of South Africa.
7.2 . The Provincial Councils shall operate in terms of rules and regulations approved by the National Council.
7.3. The National Council shall be entitled to delegate such rights, powers and functions to any Provincial Council or office bearer of a Provincial Council as the National Council may deem necessary to achieve the objectives of the association, or to promote the most efficient and effective functioning of the association.
9.8. Vacation of office by office bearers
9.8.1. Any elected office bearer may vacate office by submitting a written notice to this effect to the chair of the National Council or Provincial Council, as the case may be.
9.8.2. The chair of the National Council may terminate a member’s membership of that council in writing based on an action or conduct that, in the majority of the National Council members’ view, is out of keeping with any provision of this constitution or any resolution of the National Council. Such termination shall occur only after the member has been afforded a reasonable period of time to supply reasons why the member’s membership should not be terminated.
9.8.3. If a member’s membership is terminated in accordance with paragraph 9.8.2 above, such member shall be entitled to appeal to the Annual General Meeting against the National Council’s decision. The written notice of appeal must reach the chair by no later than twenty (20) calendar days following the date of termination of membership.
9.8.4. When considering the appeal, the Annual General Meeting shall be entitled to obtain such additional information as, in the Annual General Meeting’s view, may be necessary to reach a fair and just decision.
8.5. The provisions in paragraphs 9.8.2 to 9.8.4 above equally apply to the termination of the membership of an office bearer of a Provincial Council, in which case all references to the chair, the National Council and the Annual General Meeting above shall be deemed references to the chair of the Provincial Council, the Provincial Council and the National Council respectively.
10.1. The National Council shall determine the membership fees of FEDSAS on an annual basis. Membership fees shall be payable by the dates decided by the National Council.
10.2. In the case of designated groups or organisations referred to in paragraph 7.2 above, the chief executive and treasurer shall determine the membership fees in accordance with National Council guidelines when such groups or organisations are admitted as members. Thereafter, said membership fees shall be reviewed and determined annually by the National Council.
11.Finance, assets and liabilities, and rights and duties
11.1. The FEDSAS financial year runs from 1 January to 31 December.
11.2. The financial dealings of FEDSAS shall occur by way of a bank account held with a financial institution that is recognised and approved, which the National Council may decide on from time to time.
11.3. All FEDSAS income and expenditure, and assets and liabilities, shall be recorded in accordance with recognised accounting practice.
11.4. The National Council, through the chief executive, shall be entitled:
11.4.1.to acquire, alienate or deal with property (whether movable or immovable) in any other lawful manner;
11.4.2. to open accounts, and to invest or withdraw funds; and
11.4.3. to raise loans or to pledge movable or immovable property as security for loans.
11.5. The Executive Committee must prepare an annual financial report and submit it to the Annual General Meeting for approval.
11.6. The National Council shall be entitled to disburse allowances, salaries or remuneration for any purposes that, in its opinion, may be necessary to ensure the proper functioning of the association or the due promotion of its objectives.
11.7. No funds of the association shall be disbursed to any person other than in the course of pursuing the public benefit activities of FEDSAS embodied in the abovementioned objectives.
11.8. FEDSAS funds shall be used solely for the objectives for which the association was established, or shall be invested with a legitimate financial institution.
11.9. FEDSAS shall not undertake any business venture or trading activity, unless expressly permitted in terms of section 30(3)(b)(iv) of the Income Tax Act, 1962 (Act 58 of 1962).
Any provision of this constitution may be amended at a meeting of the National Council, subject to the following:
12.1. That the members of the National Council be notified of such proposed amendment at least fourteen (14) days prior to the meeting at which such amendment will be considered, unless the National Council unanimously approves a shorter notice period at the meeting concerned.
12.2 That two thirds of voting members present at such meeting vote in favour of the amendment.
13.1. The association shall be dissolved when seventy-five percent (75%) of voting representatives present at an ordinary or extraordinary Annual General Meeting vote in favour of such dissolution, provided that at least fourteen (14) days’ prior written notice of the proposal for dissolution of the association was given.
13.2. Should the association be dissolved, its assets shall be liquidated by a liquidator appointed by the meeting where the resolution for dissolution is passed. If no such liquidator is appointed, the head of the education department in the province where most of the association’s members are located shall be entitled to appoint a liquidator.
13.3.The proceeds of the liquidation must be utilised in the following order of preference:
13.3.1. The costs of the liquidation
13.3.2. All creditors of the association
13.3.3. All amounts payable to the chief executive or staff of the association
13.3.4. The balance, if any, shall be transferred to a similar organisation with essentially the same mission and aims as those of FEDSAS (which organisation shall be identified by the meeting where the resolution for dissolution is passed or, failing that, by the head of the education department in the province where most of the association’s members are located).
Adopted on 27 April 1998 and amended in March 1999, August 1999, July 2000 and May 2001, as well as on 8 November 2003, 21 August 2004, 19 November 2005, 20 November 2009, 12 November 2010, 17 August 2019, 22 August 2020 and 26 November 2021.