College Statute

1. DEFINITIONS

In this Statute, unless the context indicates otherwise

  • Academic board means the body contemplated in section11 of the Act
  • Auditor means any person registered I terms of the Auditing Professions Act, 2005 (Act No.26 of 2005)
  • College means the college referred to in section 3
  • Council means the governing structure of the college:
  • Department means the government department responsible for education at national level
  • Director General means the director ? General of the Department
  • External person means a person referred to in section 10(8) of the Act
  • Financial year in respect of the college means a year commencing on the first day of January and ending  on the 31st day of December of the same year.
  • Foreign juristic person means a person-
    a) registered or established as a juristic person in terms of a law of a foreign country; and
    b) recognized or registered as an external company on terms of the Companies Act;1973 (Act No.61 of 1973)
  • Further education and training means all learning and training programmes leading to qualifications from Level 2 to level 4 of the National Qualification Framework as contemplated in the South African Qualifications Authourity Act, 1995 (Act No.58 of  higher education;which levels are above general education but below higher education
  • Further education and training College means any college that provides further education and training  on a full time, part-time or distance basis and which is
    a)  established or regarded as having been established as public further education and training college under the Act
    b)  declared a public further education and training college under the Act;or
    c)  registered or provisionally registerd as a private further education and training college under the Act
  • General education means the compulsory school attendance phase referred to in section 3 of the South African Schools Act;
  • Head of Department means the head of a provincial department of education;
  • Higher education means higher education as defined in the Higher Education Act,1997 (Act No.101 of 1997)
  • Institutional statue means policy, a code of ethics and any rules developed by the council consistent  with the Act;
  • Labour Relations Act means the Labour Relations Act,1995 (Act No.66 of 1995)
  • Lecturer means an person who teaches, educates or trains other persons or who provides professional  educational services at the college and who is appointed in post on a lecturer establishment  under the Act
  • Local juristic person means a person established as a juristic person in South Africa in terms of the Companies Act,1973 (Act No 61 of 1973);
  • Management means the principal and vice principal of the college
  • MEC means the Member of the Executive Council of a province who is responsible for education in that province;
  • Minister means the Minister of Education;
  • National Qualifications Framework means the National Qualifications Framework as defined  in the South African Act,1995 (Act No.58 of 1995);
  • NBFET means the National Board for Further Education and Training, established by  regulations in terms of  section of the National Education Policy Act, 1996 (Act No. 27 of 1996)
  • Organ of state means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996
  • Policy means-
    b) policy determined by the Member of the Executive Council in terms of a Provincial law
    “prescribed” means prescribed by regulation;
  • Principal means the chief executive and accounting officer of the college, and includes a rector;
  • Programmes means a list of education programmes approved and promulgated by the Minister in the Gazette
  • Public college means any further education and training college that is established, deemed to be etablished or declared as a public further education and training college under the Act;
  • Public Service Act means the Public Service Act, 1994 (Proclamation No. 103 of 1994);
  • Rules means rules made by the council in terms of section 5(2)(a)
  • SAQA means the South African Qualifications Authority established by section3 of the South African Qualifications Authority Act, 1995(Act No. 58 of 1995);
  • School means a school as defined in the South African Schools Act;
  • South African Schools Act means the South African Schools Act, 1996 (Act No. 84 of 1996);
  • Staff means persons employed at a public college;
  • Statute means the standard college statute, which includes policy, code of conduct and any other rules  developed by the council which are consistent with the Act;
  • Student means any person registered as a student at the college;
  • SRC means the student representative council of the college;
  • the Act means the Further Education and Training Colleges Act, nr 16 of 2006;
    ‘to provide further education and training” means-
    (a) to register students for all learning and training programmes  leading to qualifications from level 2 to  4 of the National Qualifications Framework or such further education and training levels as  determined by  SAQA and contemplated in the South African Qualifications Authority Act, 1995(Act  No. 58 of which levels are above general education but below higher education; and
    (b) to take responsibility for the registration of students, the provision and delivery of the curriculum and the assessment of students;
  • Vice-principal includes a vice-rector

Support Staff As defined in the Act
Application
This statute applies to the college until a statute is developed in terms of section 10 of the Act

2. INSTITUTION

  1. Name, seat and powers
    The name of the college is FLAVIUS MAREKA (TVET) COLLEGE the seat of the college is at SASOLBURG
  2. Flavius Mareka TVET College is a juristic person with legal capacity to perform functions in terms of this Statue and the Act.
  3. Constitution of college
    3.1  The college consists of
    3.1.1. the council;
    3.1.2. the academic board;
    3.1.3 the management staff;
    3.1.4 the SRC
    3.1.5 the lecturers and support staff of the college;
    3.1.6 the students of the college; and
    3.1.7 such other offices, bodies or structures as may be established by the council.
  4. No vacancy in any of the offices contemplated in subsection (1) nor any deficiency in the numbers  or defect in the composition of the bodies or structure contemplated in subsection (1) impairs or affects the existence of the college as juristic person or any function conferred by the Act or this Statute upon the college.

3. COUNCIL

3.1. Functions of council
3.1.1 Subject to the Act and this statute the council governs the college.
3.1.2. Without derogating from the generality of subsection (I), the council-
(a) makes rules for the college;
(b) establishes the council committees and determines the composition and functions of each committee;
(c) establishes, in consultation with the academic board, joint committees of the council and the
(d) academic board to perform the council and the academic board;
(e) subject to applicable policy and the approval of the Head of Department, determines the student  admission policy of the college, after consultation with the academic board
(f) determines and provides student support services after consultation with the SRC
(g)  subject to the approval of the Head of Department, determines the language policy of the college, after  consultation with the academic board
(h)  determines tuition fees, accommodation fees and any other fees payable by students as well as accommodation fees payable by employees;
(i) approves the annual budget of the college; and
(j) may conclude a loan or overdraft agreement, with the approval of the MEC.
3.1.3. Without derogating from the generality of subsection (1) the council-
(a) determines conditions of service, code of conduct and privileges and functions of its employees and may, in the manner set out in the code of conduct, suspend or dismiss  employees of the college
(b) may order an employee of the college who has been suspended to refrain from being on any  premises under the control of the college and to refrain participating in any of the activities of  the college, or issue such other conditions as it may consider necessary.
3.2. Composition of council
3.2.1. The council, as contemplated in section 10 (4) of the Act, consists of
(a) the principal;
(b) five external persons appointed by the MEC;
(c)  one member of the academic board elected by the academic board;
(d)  one lecturer elected by the lecturers at the college;
(e) two students of the college elected by the SRC;
(f)  one member of the support staff elected by the support staff of the college;
(g)    one external member representing donors; and
(h) four members contemplated in section 10(6) of the Act with a broad spectrum of  competencies in the fields of education, business, finance, law, marketing information technology and human  resource management appointed by the, council in consultation with the MEC
3.2.2. At least 60 per cent of the members of the council must be external persons who are not employed by the MEC or council, or are not students of the college
3.2.3 The council members contemplated in section 10(8) and (9) of the Act must have knowledge and  experience relevant to the objects and governance of the college.
3.3. Termination of membership and filling of vacancies
3.3.1. A member of the council”s term of office terminates if
(a) he or she tenders a written resignation;
(b) the MEC or entity who appointed or elected the member to the council terminates the membership in writing;
(c) he or she is absent from three consecutive meetings without leave of the council;
(d) he or she is declared insolvent;
(e) he or she is removed from an office of trust by  a court of law or is convicted of an offence for which  the sentence is imprisonment without the option of a fine; or
(f) he or she is incapacitated to perform his or her functions.
3.3.2. The council has the power to suspend and take disciplinary action against a member.
3.3.3. If 75 per cent or more of the members of the council resign, the council is deemed to have resigned.
3.3.4. If the council resigns as contemplated in subsection (3) a new council must be constituted in terms of this statute and the Act.
3.3.5. Whenever any vacancy occurs, section of the Act must apply with the necessary changes thereto.
3.3.6. Any member appointed in terms of subsection (5) must serve only the remainder of the term.
3.4 Election and term of office of the chairperson, vice chairperson and secretary of council
3.4.1. The chairperson and vice-chairperson of the council must not be elected from members contemplated in  section B(1)(a), (c), (d), ( e ) and (f) of the statute.
3.4.2. The chairperson, vice-chairperson and secretary of the council are elected for a period not exceeding three years.
3.4.3 The chairperson, vice-chairperson and secretary are eligible for re-election.
3.4.4. Nominations for the office of the chairperson, vice-chairperson and secretary of the council must be in writing and directed to the electoral officer.
3.4.5. If more than one candidate is nominated, voting is by secret ballot.
3.4.6 Each member of the council has only one vote during a ballot and no proxy is allowed.
3.4.7 Whenever a vacancy occurs in the office of the chairperson, vice-chairperson or secretary, subsections (4) to (6) apply with the necessary changes to the filling of such a vacancy.
3.4.8 A person who fills a vacancy in terms of subsection (7) holds office until the end of the term of his or her predecessor.
3.5. Meetings of council
3.5.1 The council has at least four ordinary meetings during each academic year.
3.5.2 Notice of any motion for consideration at the next ordinary meeting must be in writing and must be lodged with the secretary at least 21 days before the date determined by the council for such meeting, provided that any matter of an urgent nature may, without prior notice, by consent of the  chairperson and a majority of the members present, be considered at such a meeting.
3.5.3 At least 14 days prior to the date of an ordinary meeting, the secretary gives due notice to each member of all the matters to be dealt with at such meeting and states the time and place of such meeting
3.5.4. A special meeting may be called at any time by the chairperson.
3.5.5. A special meeting must be called by the chairperson at the request in writing of at least five members, if the objective of such meeting is clearly stated in the request, provided that at least seven days” notice of a special meeting is given.
3.5.6. No business other than that for which the special meeting was called may be transacted at such a meeting.
3.5.7. An emergency meeting may be called by the chairperson or, in his or her absence, by the principal at any time.
3.5.8. Notice of an emergency meeting may be given in any manner convenient under the circumstances.
3.5.9. The objective of an emergency meeting must be stated to members and no business other than that stated may be transacted at such meeting.
3.6. Council meeting procedures
3.6.1. The council members must participate in the deliberations of the council in the best interest of the college.
3.6.2. Except where otherwise provided in this statute, all acts or matters authorised or required to be done or decided by the council or its committees and all questions that may come before it are done or decided by the majority of the members present at any meeting, provided that the number present at any meeting is at least half plus one of the total number of members of the council or its committees holding office on the date of such meeting.
3.6.3. In the absence of the chairperson and the vice-chairperson of the council, the members present must elect one of their members to preside at such meeting.
3.6.4. The first act of an ordinary meeting, after being constituted, is to read and confirm by  the signature of the chairperson the minutes of the last preceding ordinary meeting and of any special meeting subsequently held, provided that the meeting may consider the minutes as read if a copy thereof  was previously sent to every member of the council, provided further that objections to the minutes  of a meeting are raised and decided before confirmation of the minutes.
3.6.5. A member of the council may not, without the consent of the meeting, speak more than once to a motion or to any amendment and the mover of any motion or any amendment has the right of reply.
3.6.6. Every motion or amendment must be seconded and, if so directed by the chairperson must be in writing.
3.6.7. A motion or an amendment seconded as contemplated in subsection(6) may not be withdrawn except with the meeting”s consent.
3.6.8. The chairperson has a deliberative vote on any matter and ,in the event of an equal of votes, also a casting vote.
3.6.9. If so decided by the meeting, the number of members voting for or against any motion must be recorded in the minutes or, if so requested by any member, the chairperson must direct that such votes be recorded.
3.6.10. When a majority of the members of the council reach agreement on a matter referred to them by the chairperson by letter or electronic means, without a meeting having been convened such resolution by letter or electronic means, such resolution is equivalent to a resolution of the council and must be recorded in the minutes of the next succeeding ordinary meeting.
3.6.11. The views of a member of the council who is unable to attend a meeting may be submitted to the meeting in writing but may not count as a vote of such member.
3.6.12. The ruling of the chairperson on a point of order or procedure is binding unless immediately challenged by a member, in which event such ruling must be submitted without discussion to the meeting whose decision is final.
3.6.13. Since everybody with a vested interest in the College is respected on Council, all meetings are open.
3.7. Conflict of interest of council members
3.7.1. A member of the council may not have a conflict of interest with the college.
3.7.2. A member of the council who has a direct or indirect financial or other interest in any matter which is to be discussed at a meeting and which entails or may entail a conflict or possible conflict of interest must, before or during such meeting, declare the interest.
3.7.3. Any person may, in writing inform the chairperson of a meeting, before a meeting, of a conflict or possible conflict of interest on a member of the council of which such person may be aware.
3.7.4. The council member referred to in subsections (2) and (3) is obliged to recuse himself or herself from the meeting and during the discussion of the matter and the voting thereon.

3.8. Committees of council
3.8.1. The council establishes:
(a)  an executive committee;
(b)  an audit committee
(c)  a finance committee
(d)  a conditions of employment committee
(e)  a planning and resource committee; and
(f)  such other committees as may be required.
3.8.2. The composition and functions of the committee are determined by the council.
3.8.3 At least 50 per cent of the members of a committee must be external persons who are members of the Council.
3.8.4  The chairperson of a committee must be a member of the council.

3.9. Minutes of council meetings
3.9.1. The secretary of the council keeps the minutes of each meeting of the council and includes such minutes with the agenda of the next meeting when the agenda is sent out in the terms of section.

3.9.2. The minutes of all committee meetings must be included in the agenda of the next ordinary meeting of the council following the respective committee meetings.

3.9.3. The number of the council must be provided with copies of the minutes referred to in subsection
3.10. Drafting, amending or rescinding statute
3.10.1.  No motion to draft, amend or rescind a statute or a rule is of force and effect unless adopted by at least 75 per cent of all members of the council present at the meeting provided that a quorum is present at such meeting.

4. ACADEMIC BOARD

4.1. Functions of academic board
4.1.1. Subject to the Act, the academic board of the college-
4.1.1.1. is accountable to the council for:
a) all the teaching, learning, research and academic functions of the college;
b) the academic functions of the college and the promotion of the participation of  women and the disabled in its learning programmes;
c) establishing internal academic monitoring and quality promotion mechanisms;
d) ensuring that the requirements of accreditation to provide learning against standards and qualifications registered in the National Qualifications Framework are met; and
e) performing such other functions as may be delegated or assigned to it by the council;
4.1.1.2. must-
a) advise the council on a code of conduct and rules concerning students;
b) determine, in accordance with any relevant deed or gift and after consultation with the  principal, the conditions applicable to any scholarships and other academic prizes;
c) determine the persons to whom scholarships and academic prizes are awarded
d) determine the functions of its committees as well as the procedure of meetings of these committees; and
e) take note of any action taken by a committee in exercising its delegated powers  or functions when such committee reports its actions to the next meeting of the academic board; and
4.1.1.3. may:
a) establish committees to perform any of its functions, and may for this purpose  deem a single person to be a committee;
b) make standing orders on procedures and delegation of powers; and
c) delegate its functions to a committee.
4.1.2. Without derogating from the generality of subsection (1) the organisation and supervision of instruction and examinations, and of lectures and classes, vest in the academic board.
4.1.3. The academic board submits monthly progress reports to the council
a) such reports upon its work as may be required by the council;
b) recommendations on matters referred to it by the council; and
c) recommendations on any other matter affecting the college that the academic board considers useful.
4.2. Termination of membership of academic board
4.2.1. Members of the academic board must participate in the deliberations of the academic board in the best interest of the college.
4.2.2. Failure to act in the best interest of the college or behavior that brings the college into disrepute may result in the removal of a member from the academic board by the council following due process.
4.3. Composition of academic board
4.3.1. The academic board of the college must consist
a) the principal;
b) the vice-principal or vice-principals;
c) lecturers at the college;
d) members of the council;
e) members of the SRC; and
f)  such additional persons as may be determined by the council.
4.3.2. The majority of members of the academic board must be lecturers.
4.3.3. The manner of election and appointment of members must be determined by the council.
4.3.4. The number of persons contemplated in subsection to must be determined by the council
4.4. Term of office of members of academic board
4.4.1. Members appointed in terms of section (b) and (c) may hold office for as long as they are  employed by the college in that capacity.
4.4.2. The term of office for student members automatically lapses when a student ceases to be a registered student or a member of the SRC.
4.5. Chairperson, vice-chairperson and secretary of academic board
4.5.1. The principal is the chairperson of the academic board and shall preside at meetings of the  Academic board.
4.5.2. The vice-principal:- Academic Affairs is the vice- chairperson of the academic board and shall
preside at meetings of the academic board in the absence of the chairperson.
4.5.3. The secretary of the academic board is elected by the academic board and he or she must perform functions as the board may decide.
4.5.4. The chairperson presides at the meetings of the subcommittees of the academic board if the academic board considers it appropriate for him or her to do so.
4.5.5. The chairperson and vice-chairperson shall perform such other functions as the academic board may determine.
4.5.6. If both the chairperson and the vice-chairperson are absent, the academic board must elect from among its members a chairperson for the meeting concerned.
4.6. Meeting procedure of academic board
4.6.1. The procedure applicable to council meetings is applicable with the necessary changes to meetings of the academic board.
4.7. Committees of the academic board
4.7.1. The academic board appoints-
a) an executive committee; and
b) such other committees as may be required.
4.7.2. The composition and functions of the committees are determined by the academic board.
4.8. Joint committees of council and academic board
4.8.1. The council, in consultation with the academic board, appoints such joint committees of the council and the academic board as may be necessary for the performance of particular tasks.

5. STUDENT REPRESENTATIVE COUNCIL (SRC)

5.1. Functions of SRC
5.1.1. The students of the college are represented by the SRC in all matters that may affect them.
5.1.2. The matters contemplated in subsection (1) include:
a) liaison with management, the general public, other colleges, student representative councils
b) of other colleges, national or international student organisations, unions and news media;
c) being the umbrella organization for all student committees, clubs, councils and societies, granting or withdrawing recognition of such student commitees, clubs, councils as it considers
appropriate;
d) coordination and supervision of the use of students facilities and all matters pertaining thereto, in conjuction with the management;
e) convening and conducting of all authorized meetings of the student body and being the managing body in all general referenda and petitions organised by students being within the rules

f) the election of office-bearers and establishing committees as the SRC considers necessary;

g) the organisation and promotion of extramural activities among students;
h) keeping account of all moneys allocated to the SRC by  the council and any other moneys which may  accrue to the SRC in its capacity as representative of the students;
i) allocating or disbursing such funds for use by students, and making grants to approved student clubs, committees; societies and councils
j) the responsibility for preserving order at student functions and ensuring good conduct at  other approved meetings of the students;
k) coordination of student involvement in all community projects initiated by the SRC;
l) responsibility for all student publications;

m) final decision making in all matters falling within the jurisdiction of the SRC; and
n) such additional functions and privileges as may be specifically conferred upon the SRC in
writing by the council.
5.2. Composition of SRC
5.2.1. Only registered students are eligible to serve on the SRC.
5.2.2. The SRC must be representative of the student body.
5.2.3. The election of SRC members must be democratic and transparent.
5.2.4. The SRC”s of colleges that are to be merged must have a meeting before the merger to constitute a  single interim SRC comprising all members of the SRC concerned for a period not exceeding six  months.
5.3. Office-bearers of SRC
5.3.1. The SRC elects from among its members a president to act as chairperson and a deputy president to act as deputy chairperson.
5.3.2. The functions of other office-bearers and the election of such office-bearers are determined by the SRC.
5.4. Term of office of SRC members
5.4.1. The term of office of the members of the SRC must be one academic year.
5.4.2. A member of the SRC may serve more than one term of office.
5.5. Meetings of SRC
5.5.1. The number of meetings, the quorum at a meeting and the meeting procedures are determined by the constitution of the SRC as approved by the council, provided that four ordinary meetings are held during an academic year.
5.6. SRC committees
5.6.1. The SRC must establish a disciplinary committee responsible for the discipline of any members of the SRC and members of the student structures affiliated to the SRC.
5.6.2. The SRC may establish such other committees as may be required.
5.7. General meeting
5.7.1. The SRC must convene at least one general meeting of students per semester.
5.7.2. If a majority of students sign a petition to the SRC requesting a general meeting, the SRC must comply with such a request.
5.7.3. Meetings of the SRC may not disrupt academic activities.

6. MANAGEMENT STAFF

Management consists of the principal, vice-principal or vice-principals of the college as contemplated in section 19 of the Act. The principal is the chief executive and accounting officer of the college.
6.1. Functions of principal
6.1.1. The principal is responsible for the day-to-day management and of the college and has all the powers necessary to perform these functions.
6.1.2. By virtue of his or her office the principal is a member of all the committees of the council and the Academic Board
6.1.3. Subject to section (1) and (2) the council may assign additional functions and grant additional  powers to the principal.
6.1.4. When the principal is absent or unable to carry out his or her duties, a vice-principal, nominated in writing by the Principal, must act as principal, or the Member of the Executive.Council may appoint an acting principal.
6.2. Vice-principal and financial officer
6.2.1. The vice-principal or vice-principals are responsible for assisting the principal in the management and administration of the college.
6.2.2. The council of a public college must appoint a financial officer.
6.3. Appointment of lecturers, support staff and financial officers
6.3.1. The advertising of the post, the invitation for nomination of candidates, the search for suitable candidates, the criteria for the short- listing of candidates and the interview and appointment process for lecturers, support staff and financial officers must be in the manner determines by the council.
6.4. Conditions of employment
6.4.1. The council must approve conditions of employment, including the determination and review of salaries of lecturers and support staff and all other forms of remuneration in accordance with the rules.
6.5. Evaluation

6.5.1. The management of the college are subject to evaluation by the MEC in the performance of their duties.
6.5.2. The lecturers and support staff are subject to continuous evaluation in the performance of their duties.
6.6. Disciplinary code of lecturers and support staff
6.6.1. Every lecturer and member of the support staff is subject to a code of conduct and disciplinary procedures, as approved by the council and determined in the rules, which serve as an integral part of their conditions of service.
6.7. Representative organisation of employees
6.7.1. Agreements with representative organisations of employees may, with reference to salary and related negotiations and according to the relevant labour legislation, be entered into by the representatives of  lecturers and support staff,  elected annually from their ranks and according to union rules,  and  recommended to the council for approval.

7. STUDENTS

7.1. STUDENT Admission and registration of students
7.1.1. A person may register as a student only if he or she satisfies the legal requirements for admission to study at the college and satisfies any other requirements for admission that may be determined by the council and laid down in the rules.
7.2. STUDENT DISCIPLINARY CODE
7.2.1 The disciplinary measures and disciplinary provisions applicable to student are set out in the disciplinary code determined by the council after consultation with the SRC.

8. DONORS

8. DONORS
8.1. The college may receive moneys and equipment of any sort from donors to assist the college in providing quality education.
8.2. The college may recognise and register certain donors as determined in the rules.