EDUCATION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Colleges of Education Regulations

Education (Board of Governors of Moeding College) Order

Education (Corporal Punishment) Regulations

Education (Government and Aided Secondary Schools) Regulations

Education (Primary Schools) Regulations

Education (Private Primary Schools) Regulations

Education (Private Secondary Schools) Regulations

Education (Registration of Schools) Regulations

Tutume Community College Board of Governors Order

TUTUME COMMUNITY COLLEGE BOARD OF GOVERNORS ORDER

 

(under section 7)

 

(19th November, 1971)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of Board of Governors

 

   4.   Membership of the Board

 

   5.   Chairman and Vice-Chairman

 

   6.   Secretary to the Board

 

   7.   Attendance of Principal and Vice-Principals at meetings of the Board

 

   8.   Vice-Principals for the College

 

   9.   Executive Committee

 

   10.   Membership of the Executive Committee

 

   11.   Proceedings of the Board

 

   12.   Functions of the Board

 

   13.   Functions of the Principal

 

   14.   Functions of the Vice-Principal (School)

 

   15.   Functions of the Vice-Principal (Extension Programme)

 

   16.   Functions of the Executive Committee

 

   17.   Finances

 

   18.   Appointment to the Board

 

   19.   Revocation of appointment or removal of member

 

   20.   Vacation of office or incapacity of appointed member

 

 

S.I. 122, 1971,
S.I. 14, 1972.

 

1.   Citation

   This Order may be cited as the Tutume Community College Board of Governors Order.

 

2.   Interpretation

   In this Order, unless the context otherwise requires-

   "Board" means the Tutume Community College Board of Governors established by this Order;

   "College" and "Tutume Community College" mean the Tutume Secondary School together with any of its associated brigades and related educational activities;

   "School" means the Tutume Secondary School;

   "student" means any person attending at the Tutume Secondary School.

 

3.   Establishment of Board of Governors

   A Board of Governors, named the Tutume Community College Board of Governors, is hereby established in which shall be vested the management and control of the Tutume Secondary School, and the Tutume Construction Brigade and other brigades which may, with the approval of the Minister, be established at Tutume.

 

4.   Membership of the Board

   (1) The Board shall consist of the following members-

 

   (a)   two members to represent the Ministry of Education appointed by the Minister;

 

   (b)   two representatives of McConnell Foundation to be appointed by the Foundation;

 

   (c)   one member to be appointed by the Minister of Agriculture;

 

   (d)   one member to be appointed by the Minister of Finance and Development Planning;

 

   (e)   one member of Parliament to be appointed by the Minister;

 

   (f)   one member to be appointed by the Minister of Local Government and Lands;

 

   (g)   a member of the academic staff of the University of Botswana to be appointed by the Minister.

   (2) The Board may at its discretion co-opt one person to full membership of the Board, who shall hold office for the same length of time as other members of the Board appointed in accordance with paragraph 18.

 

5.   Chairman and Vice-Chairman

   (1) The Chairman of the Board shall be appointed by the Minister from among the members of the Board.

   (2) There shall be a Vice-Chairman of the Board, who shall be a member of the Board elected by the Board.

 

6.   Secretary to the Board

   (1) The Principal of the College shall be Secretary to the Board but shall not be a member of the Board.

   (2) The Secretary to the Board shall be responsible, in accordance with such instructions as may be given him by the Board, for arranging the business for, and keeping the minutes of the Board and shall carry out such other functions as the Board may direct.

 

7.   Attendance of Principal and Vice-Principals at meetings of the Board

   (1) The Principal and the Vice-Principal shall attend all the meetings of the Board and its Committees unless expressly excluded therefrom by the Chairman of the Board or Committee, as the case may be, but they shall not be entitled to vote at meetings of the Board.

   (2) In the absence of the Secretary from the whole or part of a meeting of the Board or a Committee, the Board or Committee, as the case may be, shall appoint one of its members to carry out the duties of the Secretary for the meeting or such part thereof as the Secretary is absent.

 

8.   Vice-Principals for the College

   There shall be two Vice-Principals for the College as follows-

 

   (a)   a Vice-Principal (School) who shall assist the Principal in all matters relating to the School; and

 

   (b)   a Vice-Principal (Extension Programme) who shall assist the Principal in matters relating to Brigades and the Community Programmes of the College.

 

9.   Executive Committee

   (1) There shall be established a Committee of the Board to be known as the Executive Committee to which shall be delegated by the Board such of the Board's functions as are assigned to the Executive Committee in this Order.

   (2) The Board may establish such other Committees of the Board as it deems fit.

 

10.   Membership of the Executive Committee

   (1) The Executive Committee shall consist of the following members of the Board-

 

   (a)   the Chairman who shall be Chairman of the Executive Committee;

 

   (b)   the Vice-Chairman;

 

   (c)   one of the members, to be appointed by the Minister to represent the Ministry of Education; and

 

   (d)   one of the members, to be appointed by the McConnell Foundation, to represent the McConnell Foundation.

   (2) The Secretary of the Board shall be the Secretary of the Executive Committee.

 

11.   Proceedings of the Board

   (1) Everything authorized or required to be done by the Board may be decided by a majority vote of those present and voting.

   (2) Six members shall form a quorum at a meeting of the Board.

   (3) At all meetings of the Board, each member shall have one vote on a question before the Board, and in the event of an equality of votes, the Chairman, whether the substantive Chairman or the Chairman for the purposes of that meeting by virtue of the provisions of subparagraph (4) or (5) shall have a casting vote.

   (4) At any meeting of the Board from which the Chairman is absent, the Vice-Chairman shall act as the chairman, for the meeting.

   (5) In the absence of both the Chairman and the Vice-Chairman for the meeting the Board shall elect a chairman from among its own members.

   (6) Subject to the provisions of this Order, the Board may make its own rules governing the conduct of its meetings.

 

12.   Functions of the Board

   (1) The Board shall, subject to the approval of the Minister, determine the educational and general policies of the College.

   (2) The Board shall cause to have prepared agreed estimates which shall be submitted to the Permanent Secretary for final approval.

   (3) The Board shall meet in February and July of each year and at such other times as the Chairman may decide to be necessary or as the Minister may direct.

 

13.   Functions of the Principal

   Subject to the provisions of the Act, the Principal shall-

 

   (a)   be responsible for the overall control and administration of the College, the furtherance and good management of the School as an educational institution, and for all aspects of the organization of the College;

 

   (b)   be responsible for the admission of students;

 

   (c)   be responsible for the collection of all fees and shall report all cases of non-payment to the Executive Committee;

 

   (d)   suspend pupils after such period as may be laid down by the Executive Committee whose fees have not been paid, and report all such suspensions to the Executive Committee and to the Permanent Secretary; and

 

   (e)   be directly responsible for the day to day expenditure of account to be kept, as may from time to time be prescribed by Financial Instructions.

 

14.   Functions of the Vice-Principal (School)

   Subject to the supervision and authority of the Principal, one of the Vice-Principals shall be responsible for the academic aspects and the day to day organization and administration of the School, and any other duties that may be allocated to him from time to time.

 

15.   Functions of the Vice-Principal (Extension Programme)

   (1) Subject to the supervision and authority of the Principal, the Vice-Principal (Extension Programme), shall be responsible for-

 

   (a)   the control and management of the brigades;

 

   (b)   the supervision of the non-academic agricultural activities of the College;

 

   (c)   the community programmes of the colleges; and

 

   (d)   the keeping of the financial records of the brigades.

   (2) Notwithstanding anything contained in subparagraph (1), in all matters that relate to the School, the Vice-Principal (Extension Programme) shall liaise and consult with the Vice-Principal (School), and subject to the final decision of the Principal, the Vice-Principal (School) shall have the final word.

 

16.   Functions of the Executive Committee

   (1) The Executive Committee may discuss and consider any or all matters of policy and staffing relating to the College, and may make recommendations to the Board.

   (2) The Executive Committee shall be responsible for supervising the finances of Brigades and of the other educational practical activities of the College.

   (3) The Executive Committee shall supervise the Principal in his implementation of the policies decided upon by the Board and approved by the Minister.

   (4) The Executive Committee shall meet at least once in every period of three months and at such other times as the Committee or the Chairman shall direct.

   (5) Subject to the provisions of this Order, the Executive Committee may make its own rules governing its proceedings, voting and quorum:

   Provided that all such rules shall be ratified by the Board.

 

17.   Finances

   (1) The Principal shall, subject to the direction of the Board, and the provisions of Financial Instructions, control the day to day expenditure relative to the administration of the College.

   (2) The Board shall cause to be kept proper accounts and records of all the equipment and materials in the College, and such accounts and records shall be kept in the manner laid down in Financial Instructions.

   (3) As soon as possible after the end of each financial year, the Executive Committee shall cause the accounts for the year of the College to be balanced and an abstract of receipt and payment and a statement of assets and liabilities to be prepared and submitted to the Board.

   (4) By the 31st August in each year, the Executive Committee shall cause estimates for the following financial year of income and expenditure for the College to be prepared and submitted to it.

   (5) The Principal of the College shall prepare internal financial regulations not inconsistent with Financial Instructions which shall provide for-

 

   (a)   the collection, receipt, custody, issue, expenditure, due accounting for, care and management of all funds;

 

   (b)   internal financial and accounting procedures, relating in particular to internal control;

 

   (c)   the books of account to be kept;

 

   (d)   commitment control;

 

   (e)   the purchase, safe custody, issue and the proper accounting for and stock-taking of such stores and property; and

 

   (f)   the preparation of estimates for revenue and expenditure.

   (6) The accounts of the College shall be subject to audit at any time by the Auditor-General.

   (7) The financial year of the College shall be from 1st April to the 31st March.

 

18.   Appointment to the Board

   (1) The persons appointed as members of the Board in accordance with paragraph 4, shall be appointed within one month of the publication of this Order and shall hold office until 31st March, 1973, but shall be eligible for re-appointment.

   (2) Subsequent appointments in accordance with paragraph 4 shall be for a period of two years from 1st April in the year in which they are made but members shall be eligible for re-appointment.

 

19.   Revocation of appointment or removal of member

   (1) The appointment of any person appointed as a member or Chairman of the Board in accordance with paragraph 4 or 5(1) may, at any time and for any reason, be revoked by the person or body making the appointment who or which shall, however, at the same time appoint a new member or Chairman in place of the member or Chairman whose appointment is revoked.

   (2) Any revocation and new appointment made in terms of subparagraph (1) shall forthwith be notified to the Chairman of the Board and shall take effect when so notified.

   (3) If any member of the Board appointed in accordance with the provisions of this Order, fails, without the permission of the Chairman, to attend three consecutive meetings of the Board of which he has had notice, his appointment shall be terminated and the Chairman shall thereupon notify the appointing authority by whom such member was appointed.

   (4) Upon such notification the appointing authority shall appoint a new member in place of the member whose appointment is terminated, and the appointment of such member shall take effect when notified to the Chairman.

   (5) A member appointed under the provisions of subparagraph (1) or (4) shall vacate his office, unless his appointment has been revoked or terminated, on the same date as the person in whose place he has been appointed would have vacated his office if his appointment had not been vacated or terminated.

 

20.   Vacation of office or incapacity of appointed member

   If a member of the Board is temporarily unable to exercise his functions as a member of the Board or of a Committee thereof whether by reason of illness, absence or other cause, the appointing authority may appoint a temporary member of the Board to act in such member's place.

EDUCATION (BOARD OF GOVERNORS OF MOEDING COLLEGE) ORDER

 

(under section 9)

 

(25th September, 1981)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of Board

 

   4.   Functions of the Board

 

   5.   Membership of Board

 

   6.   Chairman and Secretary of Board

 

   7.   Meetings of Board

 

   8.   Executive Committee of Board

 

   9.   General responsibilities of Board

 

   10.   Functions of Board in relation to financial affairs of College

 

   11.   Annual audit of College's books and other records of account

 

   12.   Powers and duties of Board in relation to movable and immovable property of College

 

   13.   Miscellaneous powers and duties of Board

 

   14.   Appointment of Principal of College

 

   15.   Provisions relating to Teaching Service

 

   16.   Saving of residual powers

 

   17.   Official Trustees

 

 

S.I. 96, 1981.

 

1.   Citation

   This Order may be cited as the Education (Board of Governors of Moeding College) Order.

 

2.   Interpretation

   In this Order-

   "appointed member of the Board" means a member of the Board of Governors of Moeding College appointed under paragraph 5(1)(a), (b), (c) or (d);

   "Assembly Education Committee" means the Assembly Education Committee of the Assembly of the Church;

   "Church" means the United Congregational Church of Southern Africa;

   "Constitution" means the Constitution of the Board of Governors of Moeding College;

   "Executive Committee" means the Executive Committee of the Board of Governors of Moeding College established by paragraph 8(1);

   "Official Trustees" means the Chairman, the Treasurer and the Secretary for the time being of the Church;

   "Staff Meeting" means the meeting of Moeding College which every member of the College's teaching staff, every member of the College's boarding staff and the Bursar and Librarian of the College are entitled to attend, take part in the proceedings of and vote at;

   "Synod" means the Botswana Synod of the Church.

 

3.   Establishment of Board

   (1) A Board of governors (hereinafter referred to as "the Board") is hereby established for Moeding College (hereinafter referred to as "the College").

   (2) The name of the Board shall be the Board of Governors of Moeding College.

 

4.   Functions of the Board

   Subject to this Order and to the Constitution, the Board is hereby charged with the immediate duty of management of the College.

 

5.   Membership of Board

   (1) The Board shall consist of the following members-

 

   (a)   eight members appointed by the Synod;

 

   (b)   one member appointed by the Minister;

 

   (c)   one member appointed by the Botswana Christian Council;

 

   (d)   one member appointed by the Staff Meeting;

 

   (e)   the Principal for the time being of the College; and

 

   (f)   the Bursar for the time being of the College.

   (2) Every appointed member of the Board shall hold office as such for one year but shall be eligible for re-appointment as a member of the Board at the expiry of his term of office:

   Provided that an appointed member of the Board shall immediately cease to be a member thereof on-

 

   (i)   the submission to the Board of his written resignation therefrom; or

 

   (ii)   the revocation of his appointment as a member of the Board by the appointing authority.

   (3) If any person is appointed a member of the Board to fill a vacancy in the membership thereof caused by an appointed member ceasing, by reason of death or otherwise, to be a member thereof before the expiry of his term of office as such, that person shall assume the term of the member he replaces.

   (4) The Board may, from time to time and for such period as it shall in each case determine, co-opt any person whose advice or other assistance it requires; but no such person shall vote on any question before the Board nor shall such a person count for the purpose of constituting a quorum of the Board.

   (5) An appointing authority under this paragraph may appoint a person to be a temporary member of the Board in the place of any substantive member he or it has appointed who is precluded by illness, absence from Botswana or other cause from exercising his functions as such and, when attending any meeting of the Board, such a temporary member shall be deemed, for all purposes, to have all the powers of the member whose place he is taking.

 

6.   Chairman and Secretary of Board

   (1) At each annual meeting of the Board, the members of the Board present shall elect-

 

   (a)   an appointed member of the Board to be the Chairman of the Board; and

 

   (b)   any other member of the Board to be the Secretary of the Board.

   (2) The Chairman and the Secretary of the Board shall each hold office as such until the election of a new Chairman or Secretary, as the case may be, at a subsequent annual meeting of the Board:

   Provided that the office of the Chairman or Secretary of the Board shall immediately become vacant on-

 

   (i)   his ceasing, for any reason, to be a member of the Board;

 

   (ii)   the submission to the Board of his written resignation from the office; or

 

   (iii)   the passing at a special meeting of the Board, by the members of the Board present, of a resolution of no confidence in him.

   (3) If the office of the Chairman or Secretary of the Board becomes vacant between annual meetings of the Board, the Executive Committee may, after consulting each member of the Board, appoint-

 

   (a)   an appointed member of the Board to be the Chairman of the Board; or

 

   (b)   any member of the Board to be the Secretary of the Board,

as the circumstances require.

   (4) Notwithstanding subparagraph (3), where the office of the Chairman or Secretary of the Board becomes vacant in consequence of a resolution of no confidence passed at a special meeting of the Board, by the members of the Board present, those members shall immediately proceed to elect-

 

   (a)   an appointed member of the Board to be the Chairman of the Board; or

 

   (b)   any member of the Board to be the Secretary of the Board,

as the circumstances require.

   (5) The functions of the Secretary of the Board shall include-

 

   (a)   issuing to members of the Board notices of meetings of the Board; and

 

   (b)   keeping minutes of meetings of the Board and distributing copies of such minutes to members of the Board.

 

7.   Meetings of Board

   (1) The Board shall hold an annual meeting, which shall normally be held during the second term of the academic year, following the annual meeting of the Synod.

   (2) Not later than 20 days immediately before the date on which the annual meeting of the Board is to commence, the Secretary of the Board shall issue to every member of the Board written notice of the meeting.

   (3) Where the Secretary of the Church, the Executive Committee or the Chairman of the Board so directs in writing, a special meeting of the Board shall be held for the purpose of transacting such business as the Secretary of the Church, the Executive Committee or the Chairman of the Board, as the case may be, shall specify:

   Provided that the Chairman of the Board shall not direct the holding of a special meeting of the Board unless he has received a written request for such a meeting signed by at least five members of the Board setting out clearly the business which they wish the meeting to transact.

   (4) Not later than 14 days immediately before the date on which a special meeting of the Board is to commence, the Secretary of the Board shall issue to every member of the Board written notice of the meeting.

   (5) The presence of nine members of the Board shall constitute a quorum of the Board.

   (6) The Chairman of the Board shall preside at every meeting of the Board:

   Provided that, in the absence of the Chairman from a meeting of the Board, such other appointed member of the Board as is elected by the members of the Board present shall preside.

   (7) At a meeting of the Board, each member of the Board present shall have one vote:

   Provided that the Chairman of the Board, or the other appointed member of the Board presiding in the Chairman's absence, shall have both an original and a casting vote.

   (8) At a meeting of the Board, voting shall be by show of hands:

   Provided that the Chairman of the Board, or the other appointed member of the Board presiding in the Chairman's absence, may require voting on a particular question to be by secret ballot conducted by him.

   (9) The Secretary of the Board shall distribute copies of the minutes of every meeting of the Board to the members of the Board, the Secretariat of the Church, the Permanent Secretary and the Botswana Christian Council.

   (10) No meeting of the Board shall be held otherwise than in accordance with this paragraph.

 

8.   Executive Committee of Board

   (1) There is hereby established a committee of the Board to be called the Executive Committee of the Board.

   (2) The Executive Committee shall consist of the following members-

 

   (a)   the Chairman for the time being of the Board, who shall be the Chairman of the Executive Committee;

 

   (b)   the Secretary for the time being of the Board, who shall be the Secretary of the Executive Committee;

 

   (c)   the Principal for the time being of the College;

 

   (d)   the Bursar for the time being of the College; and

 

   (e)   three others members of the Board appointed by the Board.

   (3) Of the members of the Executive Committee, not more than two shall be appointed to the Board by the Minister, the Botswana Christian Council or the Staff Meeting.

   (4) A member of the Executive Committee appointed by the Board under paragraph (2)(e), shall immediately cease to be a member thereof on his ceasing to be a member of the Board.

   (5) The function of the Executive Committee shall be to carry out, on behalf of the Board, the functions of the Board between meetings of the Board.

   (6) The Executive Committee may hold such number of meetings as it considers necessary or expedient for the proper discharge of its functions:

   Provided that it shall hold at least three meetings in every year and shall endeavour to hold at least one meeting in every term.

   (7) The Secretary of the Executive Committee shall give to every member of the Executive Committee such written or oral notice of a meeting of the Committee as he considers reasonable in all the circumstances.

   (8) The presence of five members of the Executive Committee shall constitute a quorum of the Committee.

   (9) The Chairman of the Executive Committee shall preside at every meeting of the Executive Committee:

   Provided that, in the absence of the Chairman from a meeting of the Executive Committee, such other member of the Executive Committee as is elected by the members of the Executive Committee present shall preside.

   (10) At a meeting of the Executive Committee, each member of the Executive Committee present shall have one vote:

   Provided that the Chairman of the Executive Committee, or the other member of the Committee presiding in the Chairman's absence, shall have both an original and a casting vote.

   (11) At a meeting of the Executive Committee, voting shall be by show of hands:

   Provided that the Chairman of the Executive Committee, or the other member of the Committee presiding in the Chairman's absence, may require voting on a particular question to be by secret ballot conducted by him.

   (12) The Secretary of the Executive Committee shall distribute copies of the minutes of every meeting of the Executive Committee to the members of the Committee, the other members of the Board, the Secretariat of the Church, the Permanent Secretary and the Botswana Christian Council.

   (13) Any decision of the Executive Committee may be reviewed by the Board, which shall thereupon confirm, rescind or vary the decision.

 

9.   General responsibilities of Board

   The Board shall be responsible for-

 

   (a)   making such provision as will enable the pupils of the College to develop strong, stable characters and to maintain high moral standards based on sound Christian principles;

 

   (b)   providing at the College a broad academic and practical education of the highest possible standard;

 

   (c)   where such provision does not conflict with the responsibilities imposed by subparagraphs (a) and (b), providing facilities at the College for church, educational and community conferences and other meetings;

 

   (d)   ensuring that the College is run on sound financial lines; and

 

   (e)   making such other provision as it considers proper and desirable for an educational institution such as the College and reasonably practicable.

 

10.   Functions of Board in relation to financial affairs of College

   (1) The Board may open and close bank accounts in the name of the College, invest the funds of the College and raise and disburse funds as necessary or expedient for the proper running of the College.

   (2) The Board shall-

 

   (a)   prepare annually a budget for the College in respect of the immediately following financial year of the College and cause it to be submitted to the appropriate committee of the Church;

 

   (b)   subject to any written law applicable thereto, fix the rate of any tuition, maintenance or boarding fees payable in respect of pupils of the College;

 

   (c)   subject to any written law applicable thereto, fix the salaries of employees of the College;

 

   (d)   appoint a duly qualified and independent person to be the College's auditor; and

 

   (e)   consider the audited books and other records of account of the College together with the auditor's report thereon and, after approving the same, cause them to be submitted to the appropriate committee of the Church.

 

11.   Annual audit of College's books and other records of account

   (1) Within six months immediately after the end of each financial year of the College, the College's auditor shall audit the books and other records of account of the College in respect of that financial year and submit to the Secretary of the Board his report thereon.

   (2) The auditor's report on the audited books and other records of account of the College shall state whether-

 

   (a)   in the opinion of the College's auditor, proper books and other records of account have or have not been kept by the College;

 

   (b)   all information and explanations required for the due performance of the auditor's duties were or were not given to him and all supporting vouchers and other documents so required were or were not seen by him; and

 

   (c)   in the opinion of the College's auditor, the books and other records of account of the College give or do not give a true and fair view of the financial affairs of the College in respect of the financial year of the College to which they relate.

 

12.   Powers and duties of Board in relation to movable and immovable property of College

   (1) The Board may-

 

   (a)   recommend to the Assembly of the Church the erection or construction of new buildings for the College; and

 

   (b)   lease any part of the College for such period of time, at such rent and subject to such conditions as the Board shall in each case determine.

   (2) The Board shall not undertake the erection or construction of new buildings for the College except in compliance with a resolution of the Assembly of the Church.

   (3) The Board shall be responsible for-

 

   (a)   the maintenance and for the improvement or other alteration and for the management of the buildings and equipment of the College;

 

   (b)   supervising the erection or construction of new buildings for the College; and

 

   (c)   collecting, receiving or recovering all rents and other moneys due and payable in respect of leases of any part of the College.

 

13.   Miscellaneous powers and duties of Board

   (1) The Board may-

 

   (a)   in accordance with the law, terminate the appointment of the Bursar, Boarding Master or Matron of the College;

 

   (b)   give directions to the Principal of the College in connection with the day to day running of the College; and

 

   (c)   appoint persons to constitute committees or working parties for particular purposes, which persons shall not be required to be members of the Board.

   (2) The Board shall-

 

   (a)   appoint the Bursar, Boarding Master and Matron of the College;

 

   (b)   from time to time, make recommendations to the Minister in relation to the number of classes and forms the Board considers the College ought to have and to the type of education the Board considers the College ought to provide; and

 

   (c)   cause to be prepared and submitted to the Assembly Education Committee and to the Synod an annual report on the affairs of the College.

 

14.   Appointment of Principal of College

   (1) In the event of agreement by the Minister and the Board that the Principal of the College is to be employed by the Church-

 

   (a)   the Board may make recommendations to the Assembly Education Committee in respect of the appointment of a suitable person to the post; and

 

   (b)   the terms of service of every such Principal shall be set out in a written contract between the Principal and the Church.

   (2) In the event of agreement by the Minister and the Board that the Principal of the College is to be in the Teaching Service, the Board may make recommendations to the Director of the Teaching Service in respect of the appointment of a suitable person to the post.

 

15.   Provisions relating to Teaching Service

   (1) Before exercising any power conferred on him by the Teaching Service Act to appoint to a vacant teaching post at the College any person who is or is to be in the Teaching Service or affecting a teacher in the Teaching Service at the College, the Director of the Teaching Service shall consult the Board and the Principal of the College and give full consideration to any recommendations or representations in respect thereof which the Board or the Principal of the College may make.

   (2) The Principal of the College may, at any time, make recommendations or representations to the Director of the Teaching Service in respect of the transfer of any teacher in the Teaching Service at the College or in respect of any other matter in relation to such a teacher for which the Director is responsible.

 

16.   Saving of residual powers

   The provisions of this Order shall be without prejudice to the exercise of any power, the discharge of any responsibility or the performance of any duty conferred or imposed on the Board by the Constitution, the Assembly of the Church or its Executive Committee, the Assembly Education Committee or the Synod.

 

17.   Official Trustees

   In respect of any property vested in the Official Trustees in trust for or for the benefit of the College, nothing affecting the title to or the use or occupation of such property shall be done by the Official Trustees in their capacity as trustees except on the instructions of the Assembly of the Church or its Executive Committee given after consultation with the Board.

EDUCATION (REGISTRATION OF SCHOOLS) REGULATIONS

 

(under section 29)

 

(29th August, 1967)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Application for registration

 

   4.   Certificate of registration

 

   5.   Change in establishment

 

   6.   Classification of schools

 

   7.   Classes

 

   8.   Register of schools

 

   9.   Record of teachers

 

 

 

      Schedule

 

 

S.I. 45, 1967,
S.I. 9, 1981.

 

1.   Citation

   These Regulations may be cited as the Education (Registration of Schools) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires, "form" means a form prescribed in the Schedule.

 

3.   Application for registration

   (1) An application for registration by a local education authority in terms of section 16(1) of the Act shall be submitted in duplicate in Form 1.

   (2) An application for registration by a person other than a local education authority in terms of section 16(2) of the Act shall be submitted in duplicate in Form 2.

   (3) An application from which is omitted any information required to complete the form or which is incomplete in any other material respect shall not be an application for the purposes of the Act or these Regulations.

   (4) Except in the case of applications for the registration of a primary or secondary school an applicant for registration shall state the courses of instruction to be offered by the school.

   (5) Every application for the registration of a school shall be accompanied by-

 

   (a)   a list showing the full names and qualifications of staff employed at, or to be employed at, the school;

 

   (b)   a sketch map showing the location of the school;

 

   (c)   a plan of the school buildings.

   (6) An application for registration may be made by lodging the appropriate form with an education officer or assistant education officer for the district, city or township in which the school is situated.

   (7) It shall be the duty of the education officer or assistant education officer with whom an application form is lodged under subregulation (6) forthwith to transmit the form to the appropriate authority in terms of section 16 of the Act.

 

4.   Certificate of registration

   (1) Where the Permanent Secretary registers a school under the provisions of section 17 of the Act he shall issue a certificate of registration to the owner or manager of that school.

   (2) The certificate of registration shall be kept with, and shall form part of the records of the school which may be inspected in accordance with the provisions of section 26 of the Act.

 

5.   Change in establishment

   (1) An application for the change in the establishment of a school in terms of section 18 of the Act shall be made-

 

   (a)   by a local education authority in Form 3;

 

   (b)   by any other person in Form 4,

and shall be accompanied by the certificate of registration of the school.

   (2) An application from which is omitted any information required to complete the form or which is incomplete in any other material respect shall not be an application for the purposes of the Act or these Regulations.

 

6.   Classification of schools

   (1) For the purpose of registration, the schools shall be classified in the manner prescribed in the first column hereunder and, in respect thereof, the abbreviations listed in the corresponding entry in the second column may be used in the register established under section 13 of the Act, in any form, and in any other document required by or under the Act-

First Column

Second Column

primary: to denote primary schools:

P

secondary: to denote a school providing education subsequent to primary education by a course leading to an approved secondary leaving certificate:

S

other: to denote a school other than a primary or secondary school:

O

   (2) The abbreviations "P" and "S" may be followed by a number which shall designate the number of the highest class in the school.

 

7.   Classes

   Primary and secondary schools may be divided into classes on the following basis-

 

   (a)   primary schools may be divided into classes which shall be styled Standards 1, 2, 3, 4, 5, 6 and 7, Standard 1 being the lowest class and Standard 7 the highest;

 

   (b)   secondary schools may be divided into classes which shall be styled Forms I, II, III, IV, V and VI, Form I being the lowest class and Form VI the highest.

 

8.   Register of schools

   The register established in terms of section 13(1) of the Act shall be in Form 5.

 

9.   Record of teachers

   The record of teachers kept for the purposes of section 20(1)(a) of the Act shall be in Form 6.

SCHEDULE

Form 1
APPLICATION BY A LOCAL EDUCATION AUTHORITY FOR
REGISTRATION OF A SCHOOL

 

BOTSWANA-MINISTRY OF EDUCATION 

Regulation 3(1)


EDUCATION (REGISTRATION OF SCHOOLS) REGULATIONS 

   (This may be lodged with the Education Officer or Assistant Education Officer who will forward it to the Permanent Secretary, Ministry of Education.) 

1.   Name of School: ........................................................................................................... 

2.   If a school has been previously registered on this site, state the registration number: ..........
.................................................................................................................................... 

3.   (a)   Name and address of owner or owners: ..................................................................
.......................................................................................................................... 

   (b)   Name and address of Manager or Managers, if different from (a): .............................
.......................................................................................................................... 

4.   Location of school- 

 

   (a)   District, City or Town: ..........................................................................................

   (b)   Village: ...............................................................................................................

   (One copy of a sketch map should be attached to the top copy.) 

5.   Details of buildings: (Attach a plan to top copy.) ...............................................................
.................................................................................................................................... 

6.   Distance from nearest school of similar classification giving name of school and owner or manager: ......................................................................................................................
.................................................................................................................................... 

7.   Classification sought: .................................................................................................... 

8.   Number of streams in each class and highest class sought for each stream: ...................... 

9.   Boys', girls' or co-educational school: ............................................................................. 

10.   Details of proposed staffing. Give number of teachers: ...................................................... 

   (List of teachers to be attached to top copy, showing names and qualifications.) 

11.   Courses of study to be followed, giving details of subjects. (This does not apply to primary or secondary schools): ......................................................................................................
.................................................................................................................................... 

12.   Maximum number of students: ....................................................................................... 

13.   Fees payable for- 

   (a)   the instruction, including instruction in special subjects, of pupils: ........................... 

   (b)   special courses of instruction provided for pupils: ...................................................
.......................................................................................................................... 

   (c)   the accommodation, including boarding, provided for pupils: ....................................
.......................................................................................................................... 

   (d)   books and materials supplied to pupils: .................................................................
.......................................................................................................................... 

Date: ..................... 

............................................................
for Local Education Authority 

 

...........................................................
District, City or Town Council

Form 2
APPLICATION BY A PERSON OTHER THAN A LOCAL EDUCATION AUTHORITY
FOR REGISTRATION OF A SCHOOL

 

   (1) No person shall own or manage or give regular instruction at a school unless that school is registered under section 13. 

   (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P500.

15. Misleading advertisements, etc.

 

Instructions for completing this form. Please read carefully. 

Notes 

   (a)   Please attach a copy of a sketch map showing the location of the school in relation to main routes, or centre of town, city or village. 

   (b)   Attach a detailed plan of proposed school buildings. 

   (c)   Four copies of this form with attachments should be completed, three copies should be sent to the Local Education Authority. One copy should be retained by the owner or manager. The Local Education Authority should complete the relevant section of the form and send two copies of the form to the Permanent Secretary, Ministry of Education, Private Bag 005, Gaborone.

 

 

      (iii)   Secondary 

NOW COMPLETE THE RELEVANT SECTION 

SECTION TWO 

(i) and (ii) Primary and Vocational only 

A. Name of proposed owner ............................................................................................... 

Address of proposed owner ................................................................................................
........................................................................................................................................ 

Nationality of proposed owner ............................................................................................. 

Place and date of birth of proposed owner ...........................................................................
........................................................................................................................................ 

........................................................................................................................................ 

Present occupation of proposed owner ................................................................................ 

Names, addresses and occupations of three persons of good standing who can testify to the good character of proposed owner: 

1.   .................................................................................................................................... 

   .................................................................................................................................... 

2.   .................................................................................................................................... 

   .................................................................................................................................... 

3.   .................................................................................................................................... 

   .................................................................................................................................... 

B. Name of proposed Manager ............................................................................................. 

Address of proposed Manager ............................................................................................. 

......................................................................................................................................... 

Nationality of proposed Manager .......................................................................................... 

Present occupation of proposed Manager ............................................................................. 

Place and date of birth of proposed Manager ......................................................................... 

.......................................................................................................................................... 

Names, addresses and occupations of three persons of good standing who can testify to the good character of proposed manager: 

1.   ................................................................................................................................... 

   ................................................................................................................................... 

2.   ................................................................................................................................... 

   ................................................................................................................................... 

3.   .................................................................................................................................... 

   ...................................................................................................................................

 

 

SECTION THREE


(iii) Secondary Applications only 

EDUCATION (PRIVATE SECONDARY SCHOOL) REGULATIONS 

PART II
Control and Management of Private Secondary Schools by Board of Governors

 

 

5. Board of Governors: Membership

   (1) A private secondary school shall be under the control and management of a Board of Governors.

 

   (2) The Board shall consist of the following members- 

   (a)   the owner, who shall be the manager, or in the absence of the owner, a manager nominated by a meeting of the local community including parents for a period of five years, and accepted by the local education authority and approved by the Minister; 

   (b)   the District Commissioner or his representative; 

   (c)   the local Member of Parliament or his nominee; 

   (d)   one representative of the local authority nominated annually by that authority; 

   (e)   one member nominated by the Permanent Secretary; and 

   (f)   four to seven members nominated by a meeting of the local community including parents, accepted by the local education authority and approved by the Minister. 

   (3) All members of the Board, excluding the manager, who are nominated shall hold office for two years and shall be eligible for renomination. 

A.   Give the date and place where local community members were nominated to be the Board of Governors ............................................................................................................ 

B.   Give the date on which the Minister of Education approved the Board of Governors
............................................................................................................................... 

C.   Give the names and addresses of the Board of Governors:
.................................................................................................................................... 

1.   ..................................................................................................................................... 

   ..................................................................................................................................... 

2.   ..................................................................................................................................... 

   ..................................................................................................................................... 

3.   ..................................................................................................................................... 

   ..................................................................................................................................... 

4.   ..................................................................................................................................... 

   ..................................................................................................................................... 

5.   ..................................................................................................................................... 

   ..................................................................................................................................... 

6.   ..................................................................................................................................... 

   ..................................................................................................................................... 

7.   ..................................................................................................................................... 

   .....................................................................................................................................

 

 

8.   ..................................................................................................................................... 

   ..................................................................................................................................... 

SECTION FOUR


This section to be completed by all applicants. 

1.   (a)   Name and address of school: ............................................................................... 

      ........................................................................................................................... 

   (b)   If application has been made previously, state the date of application: ...................... 

   (c)   Location of school: ............................................................................................... 

      (i)   District, City or Town .................................................................................... 

      (ii)   Village ......................................................................................................... 

      (iii)   Name and address of nearest school of the same classification 

         .................................................................................................................... 

         .................................................................................................................... 

      (iv)   Distance in kms from this school ................................................................... 

   (d)   Name and address of proposed Headteacher: 

      ........................................................................................................................... 

      ........................................................................................................................... 

      ........................................................................................................................... 

      Nationality: .......................................................................................................... 

      Date and Place of Birth: ........................................................................................ 

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