Constitution - SAPA KZN - South African Principals' Association of KwaZulu Natal

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Constitution

ABOUT

THE SOUTH AFRICAN PRINCIPALS’ ASSOCIATION

CONSTITUTION

(As amended by way of a resolution of the National Executive Committee on 30 August 2006)

1.   NAME

The name of the association is the SOUTH AFRICAN PRINCIPALS' ASSOCIATION, hereinafter referred to as SAPA or the Association. The term "Principal" refers to Principals and Deputy Principals.

2.  MISSION STATEMENT

We, as members of SAPA, recognise and acknowledge our role as educational managers and leaders, and through our collective and professional conduct at local, provincial and national levels, strive to excel in our task through self-development and interaction as an independent, non¬-discriminatory and non-aligned Association.

3.  OBJECTIVES

3.1   To promote and enhance educational leadership and effective school management teams.
3.2   To provide opportunities for the professional development of principals.
3.3   To adopt a code of ethics, which shall not conflict in any way with any code of ethics adopted by the South African Council of Educators (SACE).
3.4   To participate in curriculum development and educational restructuring.
3.5   To recognise and promote the role of the principal in the school and the community.
3.6   To facilitate communication among educational leaders.
3.7   To undertake educational research, publish journals and/or news sheets and disseminate professional literature.
3.8   To promote liaison with teacher associations and unions.
3.9   To establish links with international associations of principals.
3.10  To regulate relations between employees and employers, including any employers’ organizations.
3.11  To promote the interests of members.
3.12  To plan and organise its administration and lawful activities.
3.13  To promote, support or oppose any proposed legislative or other measures affecting the interests of its members.
3.14  To use any legitimate means to induce employees to become members.
3.15  To encourage the settlement of disputes between members and employers' organisations by conciliation, mediation or arbitration.
3.16  To borrow, invest, lend, subscribe or donate money for the furtherance of the objectives of the Association.

4. STATUS OF THE ASSOCIATION
This ASSOCIATION shall be a body corporate with perpetual succession capable of entering into contractual and other relations and of suing and being sued in its own name and shall be an organisation not for gain.

5. POWERS OF THE ASSOCIATION

5.1   To acquire movable and immovable property and to sell, use, mortgage, pledge, encumber, lease, exchange, donate or otherwise deal with the property.
5.2   To collect, borrow, solicit and accept any asset or monies for the purpose of forming and carrying out the objectives of the Association.
5.3   To invest and lend any monies not immediately required for any of its objectives in such a manner as may be determined from time to time by the Executive.
5.4   To undertake any activity deemed necessary by the Association to extend its ability to carry out its objectives and serve its members.
5.5   To employ staff deemed necessary on such conditions as it may determine to carry out the Administration of its functions and objectives.
5.6   To take legal action on behalf of its members within the scope of the Association's objectives.
5.7   To take part in any form of consultation, litigation and dispute resolution proceedings.

6.   MEMBERSHIP

6.1   Permanently appointed Principals and Deputy Principals of pre-tertiary educational institutions shall be eligible for full membership if they subscribe to the objectives of the Association.
6.2   Acting Principals and Deputy Principals of pre-tertiary educational institutions may be granted full membership, during their period of office.

6.3   Any member of the Association may be granted honorary membership of the Association.  Honorary members shall not be entitled to hold office or to vote.

6.4    A member shall cease to be entitled to any of the benefits of membership, including the right to vote:

6.4.1  If the membership fees or other charges due by him/her to the Association are more than three months in arrears;

6.4.2  During any period while he/she is under suspension in terms of this Constitution; and
6.4.3  If he/she ceases to be employed in the sectors mentioned in clause 6. 1.

7.    DISCIPLINE

7.1   A member may be suspended, fined or expelled as may be determined by the Provincial Executive:
7.1.1  If he/she fails within 14 days of demand, in writing, by the provincial secretary to pay membership fees, fines or levies which are more than three months in arrears;
7.1.2  If he/she infringes any of the terms of this Constitution or acts in a manner which is detrimental to the interests of the Association.
7.2   There shall be a right to appeal against suspension, the imposition of a fine or expulsion to the first ensuing provincial branch general meeting.7.3 Notice of any such an appeal shall be given to the provincial secretary in writing within fourteen days of the date on which the decision of the provincial executive was communicated to the person concerned.
7.4    No member may be suspended, fined or expelled unless he/she has been afforded the opportunity to state his/her case personally at a meeting of the provincial executive, of which he/she has received not less than fourteen days notice in writing from the provincial secretary. The matter with which the member is charged shall be set out in such notice.
7.5   A member who has appeared before the provincial executive shall, if he/she is dissatisfied with the decision of the provincial executive and has lodged an appeal in the manner herein provided, have the right to restate his/her case personally to the provincial meeting which shall consider the matter.
7.6   A member shall be entitled to call witnesses in support of his/her case when attending a meeting of the provincial executive or a general meeting.
7.7   Any decision taken by the provincial executive shall, when an appeal has been lodged, be subject to ratification or otherwise by a provincial general meeting.
7.8   There shall be a right of appeal to the National Executive against the decision of a provincial general meeting. Notice of such appeal shall be given to the general secretary in writing within thirty days of the date on which the decision of the provincial general meeting was communicated to the person concerned. The national executive, after making such investigation as it may deem fit, may confirm, vary or reverse the decision of the province concerned.

8. ACTIVITIES
The activities of the Association shall include, but need not be limited to:

8.1  An annual National Conference of the Association.
8.2  Annual General Meetings of members at Regional, Provincial and National level.
8.3  Other activities required to fulfil the objectives of the Association.
8.4  Management Committee, National Executive and Provincial Executive meetings.


9. ADMINISTRATION

9.1  The control, management, administration and the business of the Association shall be performed by the National Executive.
9.2  All agreements, contracts, powers of attorney and other documents requiring signature or authorization on behalf of the Association, shall be signed by such persons as may be appointed by the National Executive Committee.
9.3  The National Executive Committee shall have the power to delegate authority to a sub-committee or task group duly formed for a particular purpose.

10. COMMITTEES

10.1 THE MANAGEMENT COMMITTEE
10.1.1 The Management Committee shall be appointed by the National Executive but shall always
comprise of:
(i)   President                                   (ii)  Vice President
(iii)  Secretary                                   (iv) Treasurer
                                          
Together with any other suitable persons who are of good standing with the provinces.

10.2    NATIONAL EXECUTIVE
10.2.1  The National Executive shall consist of the Management Committee and two members from each Province.
10.2.2.  Each province will biennially nominate and elect two representatives to represent the province on the National Executive at National Executive meetings.
10.2.3  Such nominations shall be forwarded to the Management Committee at least thirty days prior to the National Annual General Meeting. The Management Committee shall, within twenty one days prior to the National Annual General Meeting, furnish each of the provinces with the names of each of the parties nominated to represent each of the provinces at the National Executive.
10.2.4  Office Bearers shall be elected biennially from amongst the provincial representative and should consist of a:
10.2.4.1    President
10.2.4.2    Vice-President
10.2.4.3    General Secretary
10.2.4.4    Treasurer
10.2.4.5    Sponsorship Liaison Officer
10.2.4.6    Publications Editor
10.2.5   The office Bearers shall hold office for a period of two years and shall be eligible for re-election.
10.2.6   A person shall not serve as President for more than two consecutive terms of office.
10.2.7   The out-going President will remain on the Executive ex-officio after the termination of his/her term of office for a period of three months to ensure a smooth transition.
10.2.8   An Administrative Secretary will be appointed by the National Executive and will attend allmeetings as an ex officio member.
10.3   ELECTION OF THE OFFICE BEARERS
10.3.1   The provincial representatives (National Executive) shall form an electoral committee to elect the six office bearers. During the course of the conference the out-going Chairperson shall chair this electoral committee.
10.3.2   An additional member of the same province shall replace the newly, elected President and General Secretary on the National Executive.
10.3.3   The additional members shall be elected in accordance with clause 12.5.
10.3.4   Only paid-up members are eligible to stand for election and to vote.
10.3.5   The National Executive shall have the power to fill any office that may fall vacant during its term of office.
10.3.6   A representative shall fill any vacancy on the National Executive from the Province affected, in accordance with the election procedure in clause 12.5

11.    DUTIES, RESPONSIBILITIES AND POWERS OF THE NATIONALEXECUTIVE OFFICE BEARERS
11.1    PRESIDENT
11.1.1   Shall call meetings of the Management Committee, National Executive and the Association on policy matters.
11.1.2   Shall preside at all meetings of the Management Committee, National Executive and the Association.
11.1.3   Shall have a casting vote only.
11.1.4   Shall be the only spokesperson of the Association on policy matters.
11.1.5   Shall prepare a written Annual Report of the activities of the Association for the Annual General Meeting.
11.1.6   Shall liaise closely with Provincial Presidents.
11.2    VICE-PRESIDENT
11.2.1   Shall deputise on behalf of the President in the absence or unavailability of the latter in all duties and functions.
11.3    GENERAL SECRETARY
11.3.1   Shall take and keep minutes of the Management Committee, National Executive and the Association.  
11.3.2   Shall call meetings of the Management Committee, National Executive and the Association.
11.3.3   Shall receive and despatch correspondence on behalf of the Association.
11.3.4   Shall be responsible for public relations.
11.3.5   Shall perform such duties as are imposed by this Constitution or as the Annual General Meeting may direct.
11.3.6   Shall perform duties imposed on him/her by sections 98, 99 and 100 of the Labour Relations Act, 1995, relating to the keeping of records and the furnishing of information to the Registrar.
11.4    SPONSORSHIP LIAISON OFFICER
11.4.1   Shall assist in the procurement of sponsorships and liaise with sponsors.
11.5    PUBLICATIONS EDITOR
11.5.1   Shall co-ordinate and edit all SAPA publications.
11.6    TREASURER
11.6.1   Shall manage the finances of the Association.
11.6.2   Shall issue official receipts for all monies received.
11.6.3   Shall submit reports on the financial position of the Association to the National Annual General Meeting and to the National Executive twice a year.
11.7     The National Executive shall be the highest governing and decision-making authority of the Association.

12.      PROVINCES
12.1     The South African Principals' Association shall operate in the following provinces:
12.1.1   Eastern Cape (SAPA: Eastern Cape)
12.1.2   Freestate (SAPA: Freestate)
12.1.3   Gauteng (SAPA: Gauteng)
12.1.4   KwaZulu-Natal (SAPA: KwaZulu-Natal)
12.1.5   Northern Cape (SAPA: Northern Cape)
12.1.6   Mpumalanga (SAPA: Mpumalanga)
12.1.7   Northern Province (SAPA: Northern Province)
12.1.8   North West Province (SAPA: North West Province)
12.1.9   Western Cape (SAPA: Western Cape)
12.2     The Provincial Executive should consist of at least the following:
12.2.1   President
12.2.2   Vice President
12.2.3   Secretary
12.2.4   Treasurer
12.2.5   Representatives from all regions
12.3      Elections of the office bearers shall take place biennially at the Provincial Annual General Meeting in terms of clause 16.
12.4      Two of the Provincial executive members shall serve as Provincial Representatives on the National Executive.
12.5      Two additional members shall be elected to serve as Provincial Representatives, should the two Representatives referred to in clause 12 .4 be elected as National President or National General Secretary.
12.6    PROVINCIAL MEETINGS
12.6.1     The following meetings shall be held:
12.6.1.1   Annual General Meeting
12.6.1.2   General Meetings
12.6.1.3   At least four Executive Meetings annually
12.6.1.4   Special Executive meetings
12.6.2      Resolutions of the meeting shall be adopted by majority vote of voting delegates. Voting on a resolution shall be by show of hands unless the meeting decides otherwise. The President or other presiding person shall have a casting vote only.
12.7    QUORUM
12.7.1    Quorum for Provincial Executive meetings: 50% of members plus one.
12.7.2    Quorum for voting purposes at AGM: 20% of members.
12.8    BALLOT
12.8.1    Same as for National Body.
12.9    DUTIES OF THE OFFICE BEARERS
12.9.1    PRESIDENT
12.9.1.1    Shall call meetings of the Provincial Executive and the Association on policy
matters.
12.9.1.2    Shall preside at all meetings of the Association and the Provincial Executive.
12.9.1.3    Shall have a casting vote only.
12.9.1.4    Shall be the only spokesperson of the Association on policy matters.
12.9.1.5    Shall prepare a written Annual Report of the activities of the Association for the Annual General Meeting.
12.9.1.6    Shall liaise closely with Regional Chairpersons.
12.9.2    VICE PRESIDENT
12.9.2.1    Shall deputise on behalf of the President in the absence or unavailability of the latter in all duties and functions.
12.9.3    SECRETARY
12.9.3.1    Shall take and keep minutes of the Association and the Executive.
12.9.3.2    Shall call meetings of the Association and the Executive as directed by the President.
12.9.3.3    Shall receive and despatch correspondence on behalf of the Association.
12.9.3.4    Shall be responsible for public relations.
12.9.3.5    Shall perform such duties as are imposed by this Constitution or as the Annual General Meeting may direct.
12.9.4    TREASURER
12.9.4.1    Shall manage the finances of the Association.
12.9.4.2    Shall issue official receipts for all monies received.
12.9.4.3    Shall submit reports on the financial position to the Provincial Annual General Meeting and to the Provincial Executive twice a year.

13.    REGIONS

13.1    A Region of the Association may be established in any area where there are not less than 20 members of the Association.
13.2    The Provincial Executive shall have the right to investigate the affairs of any region annually, and shall have access to all records.
13.3    When a member leaves the area of jurisdiction of any region and takes up a post in the area of another region s/he shall be entitled to become a member of the latter region.
13.4    The management of the affairs of a region shall be vested in a Regional Executive Committee consisting of at least a chairperson, vice-chairperson, a secretary and a treasurer.
13.5    They shall hold office for a year and be eligible for re-election on termination of their period of office.
13.6    Vacancies occurring on a regional executive committee shall be filled at the first ensuing regional meeting on nomination duly voted upon by ballot.
13.7     A regional executive committee shall, subject to the general direction and control of regional general meetings and to the provisions of this Constitution have power.
13.7.1  To admit or refuse to admit persons to membership of the Association and to suspend, fine or expel any member for cause appearing sufficient to a majority of the executive;
13.7.2   to deal with disputes between members and their employers and endeavour to settle disputes;
13.7.3    To appoint from time to time, such subcommittees as it may deem fit for the purpose of investigating and reporting on matters referred to them by the executive committee;
13.7.4    To open and operate a banking account in the name of the region; and
13.7.5    To do such other lawful things as, in the opinion of the regional executive committee, is in the interest of the Association or its members and which is not inconsistent with the objectives set out in clause 3 or any matter specifically provided for in the Constitution.

14.    REMOVAL OF OFFICE BEARERS AND PROVINCIAL REPRESENTATIVES

14.1       An office bearer, official or provincial representative may be removed from the office:
14.1.1    If s/he infringes any of the provisions of this constitution; and
14.1.2    If s/he acts in a manner which is detrimental to the interests of the organization.
14.2      No office bearer or member may be removed from office unless s/he has been afforded an opportunity to state his/her case personally at the Provincial Executive.
14.3      An office bearer or provincial representative who has appeared before the Provincial Executive and who is dissatisfied with the decision shall have the right to appeal to the National Association. The appeal shall be noted in the agenda of the National Association and the decision of the National Association shall be final.
14.4      Any member of the Executive who fails to attend three consecutive meetings shall forfeit membership of The Executive Committee.

15.    BALLOTS
15.1     In addition to those cases in respect of which the taking of a ballot of members of the whole association or of a province is compulsory in terms of this Constitution, a ballot on any question shall be taken if the National Executive so decides, and shall also be taken:
15.1.1  If requested by a province
15.2     Ballots shall be conducted in the following manner:
15.2.1  Notice of a ballot shall be given to each member of the province in writing by the provincial Secretary, at least three days before the ballot is to be taken provided that a ballot may be taken at any general meeting on the decision of a majority of the members present.
15.2.2  Two scrutinizers shall be appointed by each Provincial Executive to supervise any ballot and to ascertain the results thereof.
15.2.3   Except in the case of postal ballots and ballots taken at general meetings on the decision on the majority of the member's present, ballots should be conducted in the various provinces at places, on the date and time specified in the notice.
15.2.4   Ballot papers shall be supplied to the provincial secretaries by the general secretary. The issue to be voted upon shall be set forth clearly on the ballot papers and such papers shall not contain any information by means of which it will be possible to identify the voter.
15.2.5   Ballot papers shall be inspected by the scrutineers and sealed by the provincial secretary in their presence prior to the issuing of ballot papers.
15.2.6   One ballot paper only shall be issued on demand at the place and during the hours fixed for the taking of the ballot to each member of the province who is entitled to vote.
15.2.7   Each voter shall in the presence of the scrutineers, be issued with one ballot paper, which she/he shall, thereupon complete, fold and deposit in the ballot box provided for the purpose.
15.2.8    Ballot papers shall not be signed or marked in any way apart from the mark required to be made by a member in recording his/her vote. Papers bearing any other marks shall be regarded as spoilt and shall not be counted.
15.2.9    On completion of a ballot or as soon as possible thereafter, the result thereof in respect of each province shall be ascertained by the scrutineers appointed for such province in the presence of the provincial secretary and made known to the Provincial Executive which shall as soon as possible advise the National Executive.
15.2.10  Ballot papers, including spoilt papers, shall be placed in a container which shall be sealed after they have been counted and retained by the provincial secretaries for not less than three years.
15.3      In any ballot conducted in connection with any election the candidates, up to the required number, receiving the highest number of votes shall be declared elected.
15.4      The Association, National Executive or the Provincial Executive shall be bound to take action according to the decision of a majority of members voting in a ballot.

16.    FINANCE
16.1    An annual membership fee shall be payable to the Provincial Association, part of which is payable to the National Association.
16.2    The fee payable to the National Association to be reviewed annually by the National Executive.
16.3    A current account shall be opened at a bank to be determined by the Executive.
16.4    Signatories may be any two of the following: President, Vice-President, General Secretary and Treasurer.
16.5    Suitably qualified auditors shall be appointed by the National Executive.
16.6    The Treasurer's Report and an audited financial statement shall be presented at the Annual General Meeting.
16.7     Membership fees shall not be refundable.
16.8     A Financial Report shall be presented at every National Executive Committee meeting.
16.9     Disbursement of sponsorship monies shall be at the discretion of the National Executive Committee.
16.10   A financial year shall run from 1 January to 31 December.
16.11   Provinces shall submit to the National Treasurer not later than end of February of each year certified and audited records of their paid up members of the previous year.

17.    MEETINGS AND QUORUM

17.1    The following meetings shall be held:
17.1.1    The Annual General Meeting, ninety days notice of which shall be given to members.
17.1.2    At least two National Executive meetings per annum.
17.1.3    Special meetings called by the National Executive Committee where the need arises.
17.2    The quorum of Management Committee meetings shall 50% + 1.
        The quorum of National Executive Committee meetings shall be 50% + 1.
17.3    The quorum for voting purposes at the Annual General Meeting shall be a minimum of five accredited representatives per province from at least five provinces. (Accredited representatives shall have credentials to vote on behalf of the province)
17.4    The president or, in his absence, the vice-president or, in the latter's absence, a person appointed by the executive, shall preside over the proceedings at the Annual General Meeting.  Resolutions of the meeting shall be adopted by majority vote of voting delegates. Voting on a resolution shall be by show of hands unless the national congress decides otherwise.  The president or other presiding person shall have a casting vote only.
17.5     Members of the National Executive shall be notified in writing of the time and place of meetings by the General Secretary at least 90 days before the dates of such meetings: provided that shorter notice, being not less than 24 hours, may in the discretion of the president be given in respect of special meetings. To every notice of a meeting an agenda should be attached. Unless otherwise provided herein all matters for consideration by the National executive shall be decided on motion duly seconded and voted by a show of hands.
17.6     No motion shall be considered unless seconded. All matters forming the subject of motions shall be voted upon by show of hands (unless otherwise provided) and shall be decided by the votes of the majority of those present.

18.    TASK GROUPS

18.1    The National Executive Committee shall establish Task Groups for specific purposes at its own discretion or as directed by any decisions made at Annual General Meetings.
18.2    All work done by the Task Groups shall not be final until ratified by the National Executive or General Meeting.

19.    LIMITATION OF RIGHTS AND LIABILITIES OF MEMBERS

19.1    Membership of the Association does not and shall not give to any member any proprietary rights, title or claim to, or any interests in any of the property or assets or income of the Association, nor shall a member by such membership incur personal financial liability in respect of any claim made or action brought against the Association or in respect of any loss incurred by the Association.
19.2    The property and income of the Association shall be used solely to further the aims and objectives of the Association, and no portion thereof shall be transferred directly or indirectly through the medium of dividends, bonuses or other means as profit to members.

20.    AMENDMENTS TO THE CONSTITUTION

20.1    The Constitution may be amended by way of a resolution of the National Executive after due consultation with Provincial Members.
20.2    No amendment shall be considered unless at least thirty days prior notice of the proposed amendment has been given to the President.
20.3    Such notice shall be transmitted to all representatives on the National Executive at least two weeks prior to the meeting at which it is to be considered and after due consultation with provincial members.
20.4    Any such amendment shall require a two-thirds majority vote of the National Executive.
20.5    No changes or additions shall have any force or effect until certified in terms of section 10 I (3) of the Labour Relations Act, 1995.

21.    WINDING UP

21.1     The Association shall be wound up if a ballot conducted in the manner described in the constitution not less than three-fourths of the total number of members of the Association vote in favour of a resolution that the organisation be wound up.
21.2     If for any reason the Association is unable to continue functioning the following provisions shall apply:

21.2.1  The last appointed President of the Association, or if he/she is not available, the available members of the last appointed National Executive of the Association, shall forthwith transmit to the Labour Court a statement signed by him/her or them setting forth the resolution adopted or the reasons for the Association's inability to continue to function, as the case may be, and request the Labour Court to grant an order in terms of section 103 of the Labour Relations Act, 1995.

21.2.2  The liquidator appointed by the Labour Court shall call upon the last-appointed office-bearers of the Association to, deliver to him/her the Association's books of accounts showing the assets and liabilities together with the register of members showing for the 12 months prior to the date on which the resolution of the winding-up was passed or to the date as from which the Association was unable to function, as the case may be, (hereafter referred to the date of dissolution), the membership fees paid by each member and his/her address as at the said date.
21.2.3    The liquidator shall also call upon the said office-bearers to hand over to him/her all unexpended funds of the Association and to deliver to him/her the Association's assets and the documents necessary to liquidate the assets.
21.2.4    The liquidator shall take the necessary steps to liquidate the debts of the Association from its unexpended funds and any other monies realised from assets of the Association, and if the said funds and monies are insufficient to pay all creditors after the liquidator's fees and the expenses of winding-up have been met. The order in which creditors shall be paid shall be the same as that prescribed in any law for the time being in force relating to the distribution of the assets of an insolvent estate, and the liquidator's fees and the expenses of winding-up shall rank in order as that of an insolvent estate and as though the expenses were the costs of sequestration of an insolvent estate.
21.2.5    After the payment of debts in accordance with paragraph 22.2.4, the remaining funds, if any, shall be distributed amongst the remaining members of the Association on the basis of membership fees actually paid during the 12 months prior to the date of dissolution.
21.2.6    After the payment of all liabilities, any assets that cannot be disposed of in accordance with the provisions of this clause shall be realised by the liquidator and the proceeds paid to the Commission for Conciliation, Mediation and Arbitration (in accordance with section 103(5) of the Labour Relations Act, 105).
21.2.7    The liability of the members shall for the purpose of this clause is limited to the amount of membership fees due by them to the Association in terms of this Constitution as at the date of dissolution.

22.    INTERPRETATION OF THE CONSTITUTION

The interpretation of the Constitution shall be determined by the National Executive Committee.




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PRESIDENT                                                                                                                                   GENERAL SECRETARY






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DATE                                                                                                                                           DATE
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