instrument 379 of icap.25:04 - veritaszim 1998... · statutory instrument 379 of 1998. icap.25:04...

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Statutory Instrument 379 of 1998. ICAP.25:04 Education (School I)evelopment Associations) (Government Schools) Regulations, 1998 AR.RANGEMENT OF SECTIONS Panr I PRELIMINARY Ser:tian 1. Titte. 2. Interpretation Penr lI ESTABLISHN4ENT OF SCHOOL DEVELOPMENT ASSOCIATIONS 3. Establishment of school development associations. 1. School developrnent associations to be bodies colporate. P,qnr III OBJECTS. FUNCTIONS AND COMPOSITION OF ASSOCIA- TIONS AND EXECUTIVE COMMITTEES 5. Objects of associations. 6. Functions and duties of school development associations. 1. Powers of associations. \r 8. Membership of associations. 9. Management of,affairs of associations. ' 10. Membership of executive committees. 11. Election of members of executive cornmittees. - 12. Terms of office of members of executive comminees. 13. Vacation of office by members of executive committee. 14. Disqualifications for membership of executive committees... 15. Fillins of vacancies on executive committees. 2539 DISTRIBUTED BY VERITAS email: [email protected] website:www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied.

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Page 1: Instrument 379 of ICAP.25:04 - VeritasZim 1998... · Statutory Instrument 379 of 1998. ICAP.25:04 Education (School I)evelopment Associations) (Government Schools) Regulations, 1998

Statutory Instrument 379 of 1998.

ICAP.25:04

Education (School I)evelopment Associations) (Government

Schools) Regulations, 1998

AR.RANGEMENT OF SECTIONS

Panr I

PRELIMINARY

Ser:tian

1. Titte.

2. Interpretation

Penr lI

ESTABLISHN4ENT OF SCHOOL DEVELOPMENTASSOCIATIONS

3. Establishment of school development associations.

1. School developrnent associations to be bodies colporate.

P,qnr III

OBJECTS. FUNCTIONS AND COMPOSITION OF ASSOCIA-TIONS AND EXECUTIVE COMMITTEES

5. Objects of associations.

6. Functions and duties of school development associations.

1. Powers of associations.

\r 8. Membership of associations.

9. Management of,affairs of associations.' 10. Membership of executive committees.

11. Election of members of executive cornmittees.

- 12. Terms of office of members of executive comminees.

13. Vacation of office by members of executive committee.

14. Disqualifications for membership of executive committees...

15. Fillins of vacancies on executive committees.

2539

DISTRIBUTED BY VERITAS email: [email protected] website:www.veritaszim.net

Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied.

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Education (School Development Associations) (GovernmentSchools) Regulations, 1 998

Section

16. Duties of members of executive committees.

ll . Powers of executive committees.

18. General meetings of associations.

19. Voting at general meetings.

20. Meetings and procedure of executive committees.

Penr IV

LEVIES

21. Imposition oflevy.22. Consideration of levy.

23. Maximum levy payable.

24. Application of levies.

25. Voluntary levies prohibited.

26. Recoveryoflevy.

27 . Non-payment of levy and admission of children.

Penr V

GENERAL

28. Obligations of Government.

29. Enrolment of pupils.

30. Legal proceedings.

3 L Validity of decisions or acts of executive committees.

32. Financial year.

33. Winding up of affairs of associations.

34. Abolition of executive committees.

35. Indemnity.

36. Inspection of financial records and provision of information.

37. Offences and penalties.

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S.I. 379 of 1998

Section

38. Departures from regulations.

39. Repeals.

IT is hereby notified that the Minister of Education, Sport andculture, in terms of section 69 of the Education Act [chapter 25:041,has made the following regulations:_

\/ panr I

PRELIMINARY

Title

1. These regulations may be cited as the Education (SchoolDevelopment Associations) (Government Schools) Regulationi, 199g.

Interpretation

2. In these regulations-

'lassociation" means the school development associationestablished in terms of section 3;

"executive committee" means the executive committee con-stituted in terms of section l0;

"school" means a government school.

pnnr IIESTABLISHMENT OF SCHOOL DEVELOPMENT

. ASSOCIATIONS

Establishment of school development associations' 3. Every school shall establish a school development associa-

tion whose.members shall be the parents of the pupils enrolled at thechool and the teachers employed at the schooi.

^

school deveropment associations to be bodies corporate4. Every school development association established in terms of

section 3 shall be a body corporate capabre of suing and being sued in

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Education (School Development Associations) (Government

Schools) Regulations, 1 998

its own name and, subject to the Act and these regulations, capable ofperforming all acts that bodies corporate may perform.

Panr III

OBJECTS, FUNCTIONS AND COMPOSITION OF ASSOCIA-TIONS AND EXECUTIVE COMMITTEES

Obj ects of associations

5. Every school development assr:ciation shall exercise func-tions conferred upon it by these regulations in order to achieve thefollowing objects-

(a) to promote, improve and encourage the developruerltand maintenance of the school;

(b) to assist in the advancement of the moral. cultural.physical, spiritual and intellectual welfare of pupils atthe school;

(c) to promote and encourage programmes of interest, botheducational and social, for the benefit of the pupil andtheir parents and,teachers.

Functions and duties of school development associations

6. In the exercise ofits functions, an association shall-(a) use the land. buildings and other facitities or parts

therefore for educational, sporting, recreational or otherpurposes which are of benefit to the school;

(b) assist as far as it is able in the operation, extension and

i development of the school in the best interests of thepresent and future pupils, in collaboration with the

(c) assist in the preservation and maintenance of the propertyand facilities of the school in a sound condition fit for thepurpose for which they are used or intended to be used;

(d) assist in the organization and administration of secularand non-academic activities'of the school in consulta-tion with the headrnaster:

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S.I. 379 of 1998

(e.) engage or hire, in consultation with the headmaster andwith the approval of the Secretary, such additionalsuitably qualified teachers, who have not attained theage of seventy years, whether part-time or full-time, asmay be considered necessary by the association, toserve the needs of the school:

Provided thar the number of full-time addi-tional teachers employed by the association shall not,without the authority of the Secretary, exceed one-thirdof the authorized teacher establishment of the school;engage or hire, in consultation with the headmaster andwith the approval of the Secret ary , an agreed number ofnon-academic staff whose qualifications for specifiedposts shall be approved by the Secretary;

ensure that no class with fewer than fifteen or more thanfifty pupils is permitted to start at the beginning of anyacademic year except with the approval of the Secre-tary, in writingl

subject to prior consultation with the headmaster andthe approval of the Secretary, undertake the construc-tion or installation of new buildings and facilities and tocarry out'alterations, additions, improvements orrepairs to existing buildings;

repair and make good any damage caused to the fixedproperty of the school arising out of any acts or omis-sions ofthe associatioq its servants, agents or contractors;

establish a committee or subcommittees on which itmay confer such of its functions and powers as it mayconsider fit in order to assist it in undertaking andcanying out its functions:

Provided that the conferrins on a committee ofany such function ofpower shall noldivest the associa-tion of such function or power;

award and make available, as may be appropriate,scholarships and grants in consultation with the head-master and provide financial assistance for childrenwho would otherwise not be able to attend the school;

2543

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{01rb,

(h)

(i)

r'i \

(k)

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Education (School Development Associations) (GovemmentSchools) Regulations, i998

(D submit to the Secretary, on request, annual auditedaccounts of the association.

Powers of associations

7.' The association shall-(a) subject to sections 21, ZZ and 23, impose a levy in

respect ofeach child enrolled at the school;(b) generally do all such other,acts or things as it considers, necessary for or conducive to the attainment of the

objects of the association.

M emb e rs hip of a s s o c iations8. Every parent or legal guardian of a pupil enrolled at a school

and every teacher at the school shall be a member of the associationestablished for the school in terms of section 3.

Management of aJfairs of associations

9. The management of the affairs of associations shall be vestedin executive committees constituted in accordance with section 10.

M embe rs hip of e xe cutive c ommitte e s

10. (l) The executive committee of anassociation shall consistof-(a) a minimum of seven and a maximum of eleven mem_

bers elected in accordance with section I l;(b) the headmaster and the deputy head of the school who

shall be ex-fficio members; and

(c) not more than two persons from such bodies or orsani_zations as the members referred to in paragraphs (aj and(b) may determine.

(2) The member of the executive committee shall electfrom amongst their number at their first meeting following theirelection, a chairman and vice-chairman who stritt hotd ofFice assuch until the conclusion of the next annual general meeting of theassociation.

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S.I. 379 of 1998

(3) The members of the executive committee shall also electfrom amongst their number a secretary and a treasurer for such periodas they shall determine.

Election of members of executive committees

I l (1) Only parents whose children are enrolled at the schoolshall be eligible for election as members of the executive committee

\, of an association in terms of paragraph (a) of subsection (1) of section10.

(2) The members referred to in subsection 0) shall beelected by the parents at the annual general meeting ofthe association.

(3) At an election of members of the executive committee_(a) every parent shall have as many votes as there are

vacancies to be filled;(b) every eligible candidate shall, at the first annual seneral

meeting, be nominated from the floor by not fewer thantwo parents attending the meeting and, at subsequentannual general meetings, nominations shall be in writ_ing and shall be received at the school not less thanseventy-two hours before the date of the meeting;

(c) if there are no more candidates nominated than there arevacancies to be filled, the candidates shall be declaredduly elected;

(d) if a poll becomes necessary, voting shall be by secretballot but if the parents present at the meeting unani_mously agree, voting shall be on a show of hands;

(e) if two or more candidates receive an equal number ofvotes and it is necessary to determine which of themshould be declared elected, the determination shall bemade by the drawing of lots.

Terms of ffice of members of executive committeesI2. (l) Subject to this section, an elected member of an

executive committee of an association shall hold office until the nextannual general meetiqg.

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Education (School Development Associations) (GovernmentSchools) Regulations, 1998

(2) A headmaster or deputy headmaster shall remain an er_officio member of the committee for as long as he retains office assuch.

(3) A retiring member of the executive committee shall beeligible for re-election or re-appointment to the comnrittee.

(4) An appointed member of the executive committee shallhold office at the pleasure of elected members of the executivecommittee.

Vacation of ffice by members of executive committees

13. An elected or appointed member of an executive committeeshall vacate his office and his office shall become vacant-

(a) one month after the date on which he gives notice inwriting to the committee of his intention to resign hisoffice or after the expiry of such shorter period as he andthe committee may agree; or

(b) thirty days after rhe date on which he is sentenced by acourt to imprisonment imposed without the option of afine whether or not the sentence has been suspended,after conviction in Zimbabwe of an offence or afterconviction outside Zimbabwe of an offence, by what-ever name called, which, if committed within Zimba_bwe, would constitute an offence;

Provided that, if during the period of thirtydays referred to in paragraph (b), an application fora lree pardon is rnade or an appeal-ii noted, thequestion whether the member is te vacate his officeshall not be determined until the final disposal ofthe application or appeal, whereupon the member'soffice shall become vacant unless he is sranted afree pardon, his conviction is set aside ori punish-ment other than imprisonment is substituted; or

(c) . if he becomes disqualified in rerms of paragraph 1a.yor (b) of section 14 from holding office as a mernber;or

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S.I. 379 of 1998

\,"

\y

(d) if he is absent from three consecutive meetings of theexecutive committee without the permissioi of thechairman and the committee resolves that he shouldvacate his office: or

(e) if, in the opinion of the committee, he becomes mentallyand physically incapable of performing his duties as

'a

member.

D i s qual ific at ion fo r nte mb e r s hip of e x e c ut iv e c ommitt e e s14. A person shall not be qualified for election or appointment

to an executive committee if__(a) he has, or is married to a person who has, a financial

interest, or.is., or is married to a person who is engagedin any acrivity connecred with any business iisilchfinancial interest or activity is rikely io interfere with theimpartial discharge by thit person of his duties as amember of the committee; or

(b) in terms of a law in force in any country_(i) he has been adjudged or otherwise declared insol_

vent or bankrupt and has not been rehabilitated ordischarged; or

(ii) he has made ana-ssignment to or arrangement or,composition with, his creditors whicrh has noibeen rescinded or set aside;

(c) within the period of five years immediately preceding thedate of his proposed election or appointmeni, he has Lensentenced in any counhy for an offence involving dishon_esty to a term of imprisonment of or exceeding sii monthsimposed rvithout the option of a fine, whether or not thesentence was suspended, and has not received a free pardon.

Filling of vucuncies on executit,e committees15. On the death.of, or vacation of office by_

(a) an elected member of an executive committee, thecommittee may co_opr a qualified person to fili thevacancy until the next annual generai meeting:

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(b) an appointed member. rhe persons that appointed himshall forthwith appoint anoiher qualified person ro aiiithe vacancy.

Duties of members of executive committees

16. (1) The duties of the chairman shall be_(a) to preside_at meetings of the executive committee and at

the annual general meeting or other g"n.ruf .n""dfoithe association;

(b) to present to fhe association at an annual general meet_ing an annual report on the activities of th! association;

(c) to perfbrm such other duties which he may be required. by these regulations or by the executive iorn_iri"" toperform.

(2) The chairman shall be an ex fficio member of anysubcommittee of the executive committee.

(3) The duties of the vice_chairman shall be to act for thechairman whenever the chairman is absent or is for any ottre, rearonunable to carry out his duties.

(a) The duties of the secretary shall be_(a) to attend to all correspondence dealing with rhe affairs

of the association;

(b) to record and keep.minutes of the meetings andproceed_ings of the executive committee and of iire association;

(c) to maintain a register of the members of the association;(d) to keep an inventory of all the assets of the association;

and

(e) to carry out such other duties as may be delegated to himby the executive committee.

(5) The duties ofthe treasurer shall be_(a) toreceive all moneys due to the association and arrange

all payments approved by the executive committee:

Education (School Development Associations) (GovernmentSchools) Regulations, l99g

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S.I. 379 of 1998

-9

-.-)}

(b) to maintain proper books of accounts of the income andexpenditure of the association;

(c) to present the financial statements to the executivecommittee at its meetings as and when required;

(d) to prepare and present to the annual general meeting ofthe association a detailed statement of the auditedaccounts of the association; and

(e) to carry out such other duties as may be delegated to himby the executive comlnittee.

powers of executive commitrces17. In the exercise of its filnctions, an executive committee shall

have power-(a) to control the finances ofthe associationt and(b) subjecftoparagraphs (e) and (f) ofsection 6, to appoint.

pay or dismiss such staff members for the iihoot,including academic staff, as it considers necessary;

(c) to apply funds towards the promotion of the objects ofthe association, including, making refunds on suchexpenses as may be reasonably incurred by any mem-ber of the executive committeein discharging thl dutiesof the association;

(d) to appoint an auditor and a legal advisor ofthe associa-tion;

to appoint such subcommittees asnecessary or desirable;

to conclude agreements with parentspayment of levies;

(e.)

(f)

(g)

(h)

it may consider

with regard to the

to open and operate one or more banking or builclingsociety accoun(s in respect of the funds oithe associa_tlon and to determine two signatures forthe operation ofany such account;

to invest any of the funds of the association in suchmanner as it considers advisable:

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Education (School Development Associations) (Government

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(i) to co-opt into the committee person, where necessary'

for specific purposes;

0) to take professional advice on any matter affecting the

committee or the association and to institute, conduct,defend, compound or abandon legal proceedings;

(k) to take all measures necessary or expedient to preserve

and maintain the property and facilities of the school;

(i) to borrow money on such terms and conditions as the

committee may consider exPedient;

(m) to receive grants and donations, whether from parents

of pupils at the school or from any other person ororganization:

Provided that such grants and donations fromparents of the pupils at the school shall not be solicitedin such a manner as to illegally increase the levy aP-

proved by the Secretary; and

(n) generally, to do all things that, in the opinion of the

committee, are necessary or expedient for, or are rea-

sonably incidental to, the operation, extension and

development of the school in the best interests of itspresent and future pupils, their parents and the teachers'

. General meetings of associations

1 8. ( 1 ) An annual general meeting of arr association shall be held

not later than the 30th day of April in each year for the purpose of-(a) considering and confirming the minutes of the previous

annual general meeting;

(b) receiving and adopting the chairman's annual reportl

(c) receiving the audited income and expenditure accountand balance sheet for the previous year;

(d) considering and adopting the budget proposed for the

ensuing year;

(e) debating any matter notice of which has been given inwriting to the executive committee at least twenty-onedays prior to the annual general meeting; and

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S.t. 379 c'f 1998

(f) electing rnembers of the executive committee in termsof section 1 1 of these regulations.

(2) In addition to the annual general meeting ref"erred to insubsection (1), an executive committee--

(a) may at any time convene a general meeting of theassociation; and

(b) shall convend a general meeting of the association ifrequested in writing to do so by not fewer than one-thirdofthe parents, and such a meeting shall be convened fora date not less than seven days and not more than thirtydays after receipt of such a request.

(3) T'he executive comrnittee shall give such notice of anygeneral meeting convened in terms of this section as the committeeconsiders rvill best reach a rnajority ofparents ofpupils at the school.

Voting at generul meetings

1 9. ( 1 ) All questions shall be decided by a majority of parentspresent, save that in respect of the election of members of theexecutive committee any parent of a pupil shall tre entitled to appointanother parent of a pupil at the school as his proxy to speak and votefor him and such appointment as a proxy shall be in writing, signed bythe person appointing the proxy in the presence of two witnesses whoshall also sign the instrument.

(2) The proxy shall be deposited with the secretary immedi-ately prior to the meeting.

(3) Subject to paragraph (a) of subsection (3) of section I 1,

every parent eligible to vote shall be entitled to one vote on anyquestion.

(4) A question put to the vote shall be decided on a show ofhands:

Provided that if ten or more parents present at the meeting arein favour of a secret ballot, the question shall be decided by secretballot.

(5) In the absence of both the chairman and vice-chairman,the parents shail elect a member of the executive committee or if no

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member of the executive committee is present, one of their number topreside at the meeting.

, (6). The person presiding in rerms of subsection (5) shall nothave a casting vote.

(7) Minutes of the meeting shalr betept by the secretary or,a person appointed by the person presiding thereat.

Meetings and procedure of executive committees20' (1) An executive committee shall meet regularly at suchtimes and places as the committee may A"i"r.in",

Provided that the committee shall meet at least twice in eachschool term.

(2) The chairman_(a) may convene a meeting of the committee at any time on

giving five days' notice thereofor such rto.tt. noii.Las the members may agree on; and

(b) shall, at the request in writing of not fewer than threemembers, convene a meeting of the committee, whichmeeting shall be convened for a date not less than threedays and not more than ten days after the ."."iptofru"ta request.

(3) If the chairman and the vice-chairman are both absentfrom a meeting of the committee, tt. ..*U"., present may elect oneof their number to preside at that meeting as chairman.(4) If the secretary is absent from a meeting of the committee,the memb-ers present shalr appoint one of iheir"numbei a

""i.Jsecretary for that meeting.

. (5) A majority of members of the committee, or such othernumber of members, as the committee may fix, stra' .""rtit"i"lquorum at any meeting of the committee.

(6) All acts, matters.or things authorized or required to bedone by rhe executive committee mi b€ a".io"o by ";'t;rry-;";;at a meeting of the committee at whith a quorum is present. , "--

Education (School Development Associations) (GovernmentSchools) Regulations, I 99g

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S.I. 379 of 191/8

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(7) At all meetings of the executive committee each memberpresent shall have one vote on any question before the

"o*-itt"" unJ,in the.event ofany equality of votes, the person presiding shall havea casting vote in addition to his deliberat^e vote.

Pnnr IV

LEVIES

Imposition of levy2r' (l) An association shall, with the approval of the Secrerarv

and a majority of parents present at a meeting crff.A f- ilrrt p".p"rihave power to-

(a) charge or impose a levy payable in respect of each childenrolled at the school; and

(b) increase. in- any period of not less than twelve months,the levy referred to in paragraph (a):

Provided that the association may, notwithstanding para_graph (b), with the approval of the Secretary, approve ifu.tl,erincrease in the levy if unforeseen circumstances necessitate suchlncrease.

(2) Notwithstanding subsection (l), the association may, inaddition to the levy referred to in that subsection, i-por" u

-fo1y 1n

respect of each child enrolled at the school for capitai developmentand the levy shall be payable for a fixed number ,if t".-r-

(3) Before an increase referred to in paragraph (b) ofsubsec_tion (1) or the-levy referred to in subsectitin fZj ls fip;r"d,",h"association shall submit to the Secretary the budget pr"p*"d Uu if,.associarion in respect of such.increase or levy, .r?it. f

"i'" r".v ti,..i"

i: ":!.lt T,^"_l::!"j.1{ c on s i der rhe i n cre ase br I e v y. ; r-il; ;;1.";;;De. pnor to granttng his approval.

(4) In considering any proposal for the imposition of orincrease^in any levy, the Secrbtary shull ulso take inio account theability of the parent body in gene.il to pay the proposed levy.

(5) The secretary may, in consultation with the association,reduce-any levy imposed in terms of this section or any increase in thelevy ifhe considers it necessary in the light ofthe prevairing financialcircumstances of the association.

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Schools) Regulations, 1998

(6) Any association which is aggrieved by any decision of theSecretary in terrns of this section may appeal against such decision tothe Minister who may-

(a) give such decision in the matter as he considers theSecretary ought to have given; or

(b) dismiss the appeal.

Considerafion of levy

22. (l) Notwithstanding anything to the contrary contained inthese regulations, consideration of a matter relating to the fixing orimposition of levies shall be based on a budget made available toparents which shall be passed on the approval of the majority ofparents appearing in the membership register to voting on a circuiatedballot notice which shall be sent to the last known address of eachparent.

(.2) Where a vote is required upon a circulated ballot, the voteshall be exercised by oniy one parent in each family unit.

Maxirnum levy payable

23. The levy payable in respect ofany pupil shall be-(a) in the case ofa day scholar, an amount not exceeding

the tuition fees payable by the day scholarby more thanfifty per-cen.tum;

(b) in the case of a boarder, an amount not exceeding theboarding fees payable by the boarder by more than fiftyper centum;

Application of levies

24. Subject to subsection (2) of section 2 1 , levies shall augumentmoneys allocated to the school by the State and shall be applied to meetthe anticipated commitments of the association arising out of expenses,costs and charges incurred in promoting the objects of the association.

Voluntary levie s p rohibited

25. No voluntary levies or any other unauthorized charges bywhatever name called shall be charged in invoices sent to parents.

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S.l. 379 crf 1998

Recorery of levy

26. ,(1) Any levy remaining unpaid afrer due dafe may berecovered by the association by ptoceidings in any court ofccimpe-tent iurisdiction.

L _ ^ Q) In an action for the recu'ery of any levy, a stateme't signecl

by the chairman or secretarv of the-association stating the am-ountowing to the asso-ciation by the rlefaulting parent antl thit the amouniv is due and payable b_y the prrerrr to rhe asiocia,inn. ,t uifl. .;;ll;;;;;proor mat such amount is due, o'ving a'a payable for the purpose ofobtaining judgment against the parent.

Non-pctltnent of levy ottcl admission of children27. No child shail be refused admission or attendance at school

or be excluded fiom any activity which is provided or funded b1, tfrgass*ciation solely .n the grouncls that the parent of legal guarolan oi-the chiid has not paid the levy.

Pnnl V

GENERAL

Obligations of Gove ntment28. It shall be the responsibility of the Government to offer

tuition and, where applicable, boarding facilities and the Governmentshall-(a) prov.ided suitably qualified teaching staff and non_

teaching staff to meet the needs of thi school in accor_dance with the approved staffing formulae;

(b) grant the u$e and enjoyment of the land, buildings;m9y{le property and-orher facilities at the schJoiwhich are the property of the Government; and

(c) provide such books, teaching aids and equipment,maintenance services and financial resources as arerequired to meet the needs of the school in accordancewith the allocations for comparable Governmentschools.

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Educalion (School Development Associations) (GovernmentSchools) Regulations, 1998

Enrolment of pupils

29. (l) The enrolment of pupils at a school shall be theresponsibility of the headmaster who shall, in doing so, take intoaccount any instructions issued by the Secretary concerning theenrolment of pupils.

(2) At lease twenty per centum of the pupils enrolled atschools which offer boarding facilities shall be day scholars takenfrom the area within the vicinity of the school.

(3) Boarding facilities shall be offered first to pupils whocome from rural areas.

Legal proceedings

30. In any legal proceedings, an association shall be representedby the chairman or any other member of the executive committee whoshall have power to institute or defend any legal proceedings onbehalf of the association.

Validity of decision or acts of executive committees

31. No decision or act of any executive committee or act doneunder the authority of an executive committee shall be invalid solelybecause-

(a) the committee consisted of fewer than the number ofmembers for which provision is made in section l0;

(b) a disqualified person acted as a member of the commit-tee at the time the decision was taken or the act was doneor authorized- \y.

Financial year

32. The financial year ofevery association shall be the period oftwelve months ending on the 3lst December in each year.

Winding up of affairs of associations

33. (1) If for any reason whatsoever, a school is closed down,all the funds of the association shall, after the auditing thereof, bedisposed of in such manner as the Secretary may determine.

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y

S.L 379 of 1998

(2) If a resolution for the dissolution of an association ispassed by the affirmative votes of not less than three-quarters of theparent body voting at a general meeting convened for the purpose, theexecutive committee shall discharge all liabilities and shall transferand deliver to the school all its remaining assets and upon thecompletion of such transfer, the association shall be dissolved.

Abolition of executive committees

34. (l) If the Secretary is satisfied that any executive commit-tee of an association-

(a) has failed to comply with any material provision ofthese regulations or with any direction or order given interms of these regulations; or

(b) has been responsible, directly or indirectly, for the theftor misappropriation of any moneys belonging or pay-able to the association; or

(c) has incurred or is incurring debts recklessly or withoutproper regard for the fesources ofthe association;

he may, subject to subsection (2),by written notice to the association,dissolve the committee.

(2) Before taking any action in terms of subsection (l), theSecretary shall give the members of the committee concerned areasonable opportunity to make representations in the matter.

(3) Before another executive committee is elected by theassociation, all records of the association shall be held in trust by theheadmaster of the school.

Indemnirr-

35. The association shall indemnify every member of the execu-tive committee against any liability sustained as a result of the bonajide exercise or performance ofany function or duty ofthe associationin terms of these regulations.

Inspection of financial records and provision of informatlon

36. ( 1) Any person authorized thereto by the secretary may at allreasonable times require the executive committee to produce for his

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Education (School Development Associations) (Government

Schools) Regulations, 1 998

inspection all books, accounts and other records required to be kept interms of these regulations, and the executive conunittee shall complywith any such requirement.

(2) Every mernber of an association shall have the right to beprovided by the executive committee with such reasonable informa-tion as he may require pertaining to the operations of the associationor the executive committee.

Affinces and penalties

37. Any person who contravenes these regulations, shall beguilty of an offence and liable to a fine not exceeding one thousanddollars or to irnpdsonment for a period not exceeding one year or toboth such fine and imprisonmerrt.

D e p tt rtu re s from re gttl at i ons

38. The Secretary may, by written notice to the executivecommittee, authorize a departure tiorn these regulations.

Repeals

39. The Education (School Development Associations)(Government Schools) Regulations, 1993, published in StatutoryInstrument 70 of 1993, are repealed.

Supplement to the Zimbubwean Government Gilzette dated the lSth December, i,998.Printed br- lhe Government Printer, Harure.

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