Laws of Malawi

EDUCATION: SUBSIDIARY LEGISLATION

Muli bwanji!Lilongwe

EDUCATION: SUBSIDIARY LEGISLATION

EDUCATION (BOARD OF GOVERNORS OF PUBLIC SECONDARY SCHOOLS AND COLLEGES) ORDER

ARRANGEMENT OF PARAGRAPHS

    PARAGRAPH

PART I
PRELIMINARY

    1.    Citation

    2.    Scope of application

PART II
BOARD OF GOVERNORS

    3.    Establishment of Boards of Governors for secondary schools and colleges

    4.    Composition of the Board of Governors

    5.    Co-opted members

    6.    Tenure of office

    7.    Vacation office of a member

    8.    Removal of a member at the instance of the Board

    9.    Filling of vacancies

    10.    Ordinary meetings of the Board

    11.    Powers of a Board of Governors

    12.    Duties and functions of a Board of Governors

    13.    Duties of head teachers for secondary schools and principals of colleges

    14.    Situation of a Board of Governors

        SCHEDULE

G.N. 39/2017

EDUCATION (BOARD OF GOVERNORS OF PUBLIC SECONDARY SCHOOLS AND COLLEGES) ORDER

under s. 25 (2)

PART I
PRELIMINARY

1.    Citation

    This Order may be cited as the Education (Board of Governors of Public Secondary Schools and Colleges) Order.

2.    Scope of application

    This Order shall apply to the public secondary schools and colleges listed in the Schedule.

PART II
BOARD OF GOVERNORS

3.    Establishment of Boards of Governors for secondary schools and colleges

    (1) There is hereby established a Board of Governors for each of the secondary schools and colleges listed in the Schedule (hereinafter referred to as the “Board of Governors”), which shall have such powers and functions as specified in this Order.

    (2) A Board of Governors shall not—

    (a)    have perpetual succession;

    (b)    sue or be sued in its name; and

    (c)    have power to enter into contracts or own land.

4.    Composition of the Board of Governors

    (1) A Board of Governors shall be composed of the following eleven members appointed by the Minister, subject to paragraph (2)—

    (a)    the Chairperson who shall be elected by the members at its first meeting convened by the Minister;

    (b)    five other persons with technical qualifications and experience in matters of education, finance and administration:

    Provided that not less than two and not more four of the persons so appointed shall be of same sex;

    (c)    the following ex officio members—

        (i)    one parent representative identified by a committee of head teachers in a cluster;

        (ii)    one representative of the community identified by a committee of head teachers;

        (iii)    the District Education Manager or his representative, conversant with education matters;

        (iv)    the Chairperson of District Education Committee or his representative who shall be a member of the Education Committee; and

        (v)    the District Commissioner or his representative, conversant with education matters.

    (2) A person shall only be eligible to be appointed as a member of a Board of Governors if he holds a minimum of a diploma in any field from a recognized or accredited education institution.

    (3) Save for ex officio members, a person shall not serve as a member of a Board of Governors for more than two schools or colleges.

5.    Co-opted members

    A Board of Governors shall co-opt a member for the reasons of fulfilling a specific issue under consideration.

6.    Tenure of office

    A member of a Board of Governors, other than an ex official member, shall serve for a period of three years or until such earlier date as may, at the time of appointment, be determined by the Minister and may be eligible for reappointment for one more term.

7.    Vacation office of a member

    The office of a member of a Board of Governors, other than an ex officio member, shall become vacant—

    (a)    if he resigns upon giving a notice to the Chairperson of not less than twenty-one days;

    (b)    upon his death;

    (c)    if he has been absent from two consecutive meetings of the Board of Governors, of which he has had prior notice, without a reasonable cause; or

    (d)    if he is convicted of acts of misconduct.

8.    Removal of a member at the instance of the Board

    A Board of Governors may, through a simple majority resolution, recommend to the Minister the removal from membership of the Board any member based on reasonable grounds of which the member has written notice of at least twenty-one days.

9.    Filling of vacancies

    A vacancy on the membership of a Board of Governors shall be filled by the appointment of a new member by the Minister in accordance with paragraph 4.

10.    Ordinary meetings of the Board

    (1) A Board of Governors shall hold its ordinary meeting at least once every year, at such places and times as the Chairperson may determine.

    (2) The meeting referred to in subparagraph (1) shall be convened to—

    (a)    discuss matters pertaining to the management of the schools or colleges including approval of budget annual budget estimates;

    (b)    receive and approve…

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