1. Status

1.1. This charter is called the Charter for Provincial Councils (hereinafter “the Charter”).

1.2. The Charter has the same status as the FEDSAS constitution and is regarded as an integral part of the constitution, provided that in the event of inconsistency between the two, the constitution shall take precedence.

1.3. In this Charter:

1.3.1. “FEDSAS” or “the organisation” means the Federation of Governing Bodies of South African Schools;

1.3.2. “Constitution” means the FEDSAS constitution;

1.3.3. “Governing body members” are persons whose membership of a school governing body is acknowledged in terms of sections 23(1) and 24(1) of the South African Schools Act 84 of 1996, as well as persons who serve in an independent school’s governing structure and are able to provide written confirmation to this effect; 

1.3.4. “Council” means the Provincial Council established in terms of this Charter; and

1.3.5. “National Council” means the National Council established in terms of clause 9.2 of the constitution.

2. Objectives

2.1. Council’s objectives are to advance, pursue and give effect to the aims in clause 6 of the constitution on behalf of the National Council, and to represent FEDSAS members in the province.

2.2. Council performs such functions and implements such decisions as may be delegated to it by the National Council from time to time.

3. Composition and election of Council

3.1. Council comprises the following members: 

• The provincial manager (ex officio)
• The provincial chair
• The provincial vice-chair
• One representative from each district/region in the province. Districts/regions for this purpose shall be as determined by the provincial manager in consultation with Council, and do not need to coincide with the districts/regions of the relevant provincial education department.

3.2. At the time of their appointment, Council members must be serving governing body members of FEDSAS member schools in the province.

3.3. The provincial manager shall nominate potential Council members in writing in consultation with the existing Council and submit such nominations to the National Council, who shall proceed to appoint the members to Council for a term of three years.

3.4. Once the National Council has appointed the Council members, Council shall elect a chair and vice-chair from within its own ranks.

3.5. For each education region or district, one chief member and one alternate member shall be appointed. The alternate member shall automatically become the serving Council member should the chief member be elected as chair or vice-chair or be temporarily unable to fulfil his or her responsibilities as Council member.

3.6. Council shall be entitled to co-opt members who are able to assist it in performing its functions, provided that the number of co-opted members may not exceed 50% of the number of elected members.

3.7. Should a Council vacancy arise, Council may invite nominations and hold an election in any way it deems appropriate and that aligns with the principles of accountability, representivity and transparency. The new member shall occupy the seat until the current term expires. 

4. Meetings of Council

4.1. The provincial chair shall convene meetings of Council, except for the first meeting following the appointment of a new Council, which shall be convened by the provincial manager.

4.2. Council shall meet as required, although at least twice a year.

4.3. Notices of meetings containing the date, time and venue of the meeting as well as the agenda items shall be provided to all members of Council at least seven (7) days prior to meetings.

4.4. The provincial manager shall serve as Council secretary and minute all Council proceedings.

4.5. The provincial chair or, in his or her absence, the provincial vice-chair shall preside over meetings of Council.

4.6. Meetings of Council are considered quorate if attended by 50% of members, plus one.

4.7. The national chair, national vice-chair, CEO and deputy CEOs are entitled to attend and address any Council meeting.

5. Functions of Council

Council shall perform the following functions and exercise the following powers on the National Council’s behalf:

• All functions and powers delegated to it by the National Council from time to time 
• Advising the National Council on governance matters in the specific province 
• Exercising oversight over the efficient utilisation of FEDSAS resources in the province, and performing the functions required by the National Council in this regard 
• Facilitating networking, fundraising and launch activities and events in aid of FEDSAS 
• Nominating and mandating members to attend and vote at the FEDSAS annual general meeting 
• Establishing structures to liaise with the provincial education department and other education stakeholders in the province 
• Hosting provincial and/or regional meetings and gatherings for FEDSAS members

6. Term of Council members and office-bearers

6.1. Members and office-bearers of Council serve for a term of three years.

6.2. The chair and vice-chair of Council shall be elected by Council members at the first meeting of the newly established Council.

6.3. Members and office-bearers of Council shall automatically be considered to have vacated their positions if absent from 50% of meetings, which include both in-person and online/hybrid meetings, without supplying a valid reason.

7. Subcommittees

Council may establish the following subcommittees:

7.1. An executive, which comprises at least the provincial chair, vice-chair and provincial manager (ex officio). Council may appoint as many members to the executive as it deems necessary.

7.2. Regional committees

8. Provincial annual general report

8.1. A provincial annual general report shall be provided in writing to all FEDSAS members in the province before the end of October each year following approval by the CEO.

8.2. The following ought to be contained in the provincial annual report:

8.2.1. A report by the provincial chair on behalf of the National Council

8.2.2. A financial report of FEDSAS

8.2.3. A report by the provincial manager on behalf of the CEO as well as on provincial activities

8.2.4. Other matters deemed necessary by Council or required by the constitution

THIS CHARTER WAS APPROVED AT A NATIONAL COUNCIL MEETING ON 17 APRIL 2009 AND WAS AMENDED ON 20 JULY 2009, 16 MARCH 2012 AND APRIL 2023 IN ACCORDANCE WITH A RESOLUTION OF THE NATIONAL COUNCIL.