All governing bodies must write their own constitution. Step Three helps you to develop a constitution for your governing body.
What is a constitution?
A constitution is a document that explains how an organisation must be run. In other words, a constitution is like a set of rules and regulations, but it also has to include the values and principles of the organisation. In a school, for example, the governing body’s constitution forms the basis for all the governing body’s work. You may be able to get a copy of a constitution from your provincial department that you could adapt to suit your school.
Must all governing bodies draw up a constitution?
Yes. One of the responsibilities of a school’s governing body is to bring about transformation in the school. The governing body will not be able to carry out this responsibility without a constitution.
Why is this necessary?
South Africa has a long history of apartheid and other forms of unfair discrimination in education. In the past, there were different and unequal school and education systems based on ethnicity, race and colour. Our new democratic constitution and the new Schools Act, which is based on it, are intended to remove any unfair discrimination in education. The task of transforming our schools has been given to governing bodies. If the governing body of a school does not work according to a strict set of rules, then this dream of transformation will not become a reality.
What are the main values that the new democratic constitution upholds? South Africa’s democratic constitution says the following:
Human dignity, the achievement of equality and the advancement of human rights and freedoms are to be the cornerstones of South African society.
Discrimination based upon such things as race, creed, colour or sex is not permitted.
The rule of law will apply. This means that all laws enforced in the country must agree with the constitution. Any law that does not agree with the constitution can be declared illegal.
All adults must be able to vote and there must be regular elections, a multi-party system of democratic government, accountability and openness. It is important to remember that any rule or action that goes against any of these principles is illegal.
Does the constitution say anything about schooling in South Africa?
Yes. The democratic constitution touches on all aspects of life in South Africa. For example, the South African Schools Act, which is changing the face of education in this country for the betterment of all, is based on our democratic constitution. Here are some of the important constitutional principles in the Schools Act:
The right to an education
Learners have a right to education. This right must be respected, protected and fulfilled by all involved in education, including the state, schools and individuals.
Admission policy
No public school can refuse admission to a child because he or she has failed an entrance test set by the school, or because the parents cannot afford the school fees or do not subscribe to the school’s mission statement.
Language and culture
Language and cultural rights are protected in the constitution. Every learner has the right to receive education in an official language of his or her choice, where this is practical. Governing bodies have the power to decide the language policy of the school, provided this does not result in racial discrimination.
Freedom of religion
Freedom of religion is guaranteed under the Constitution. School governing bodies can decide the school’s religious policy, but neither learners nor staff members can be forced to attend any religious observances.
Partnership
This means that the state, teachers, parents, learners, the private sector and members of the governing body must all accept their responsibilities to make the education system work as well as possible.
Starting to draw up a constitution for the school’s governing body
The governing body has the task of writing a constitution for the school. There are many ways of doing this. Here is a suggestion:
Step 1
Make sure all those involved are clear about the following points:
– Your constitution must agree with the principles of the 1996 democratic constitution.
– It is your responsibility to draw up a constitution.
– You must represent the views of learners, educators, parents and the local community.
– The aim of the constitution is to guide and help you to run the school and to help ensure that the school provides an education of such high quality that the talents and abilities of all learners are developed.
Step 2
Draw up some main headings for your constitution. For example:
– Name by which you wish to be known.
– Aims and objectives of the governing body.
– Types of activities that will help the governing body to achieve its aims and objectives.
– Financial arrangements that will ensure that the governing body acts accountably and transparently.
– Meeting procedures, for example: what constitutes a quorum (the minimum members who must be present to make a decision at a meeting).
– Procedures for the election of office bearers.
– Amendments (changes) to the constitution.
Step 3
Set up subcommittees. Each subcommittee is responsible for putting together a section of the draft constitution.
Step 4
Draw up a draft constitution. Present this draft constitution to the school community for debate and changes.
Together with the other members of your governing body, try to answer the following questions:
– What is the name of the governing body? What is the main purpose of the governing body?
– What are the functions of the governing body? What is its work?
– What are the duties of the governing body? What are its responsibilities?
– What are the powers of the governing body? What can it legally do?
Membership
– What is the composition of the governing body? Who can be in it?
– How can one qualify to become a member (ordinary and co-opted)?
– How long does membership last?
– How does a member serve another term?
– When can a member be prevented from being on the governing body?
– How can suspended members appeal?
-What is the liability of members? What is their legal responsibility?
– How are vacancies filled?
Finance
– Who are the members of the finance committee?
– How will the governing body deal with funds received?
– Who signs cheques and legal documents?
Administration
– What office bearers should be elected (chairperson, vice-chairperson, treasurer, secretary, etc)?
– What are their roles and responsibilities?
– What are voting rights and procedures?
– Who can vote?
– What committees are needed by the governing body (finance, grounds and buildings, fund-raising, hostel, library, executive, discipline, sports, reading, culture of learning and teaching, etc)?
– What are their roles and responsibilities?
Meetings
– How many members make up a quorum?
– What happens if there is no quorum, even at a postponed meeting?
– How are minutes of meetings recorded, accepted and stored?
– When will annual general meetings be held?
– How often will the governing body meet?
– What other types of meetings should the governing body be able to call (ordinary, urgent and extraordinary)?
-How can the constitution be changed or amended?
By vote? What percentage is needed?
Once you have finished answering these questions, it is a good idea to look at other examples of constitutions of school governing bodies.
– The Teacher/M&G Media, August 2001.