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Provincial Gazette for Northern Cape No. 2295, 09 September 2019, Vol 26, Page 58

20190909 - Provincial Gazette for Northern Cape No 2295 of 09-September-2019, Volume 26, page 58

Page	58 of 64
Gazette	Provincial Gazettes (Northern Cape), No 2295, from 09 September, 2019
Notice	Page No. 10 of 11, Notice No. 96, South African Schools Act (84/1996 » Call for Comments on Notice for Code of Conduct for Members of the School Governing Bodies

58    No. 2295               PROVINCIAL GAZETTE,  9 SEPTEMBER 2019

(c) the disciplinary hearing be conducted within fourteen (14) days of the precautionary suspension.
            (6) If the chairperson is implicated then the deputy chairperson must serve on the tribunal, however, should both the
            chairperson and the deputy chairperson be implicated then another member appointed by the governing body should be
            part of the tribunal.
            (7) The following members of the governing body shall not be eligible to serve on the disciplinary tribunal -
            (a) any member who has been directly involved with the events or conduct in question;
            (b) any person related to the implicated member or where a conflict of interest exists between the person and the member
            implicated;
            (c) the school principal; and
            (d) learner members of the governing body.

(8) The tribunal must constitute of at least four (4) people and must include the following -
            (a) an official of the Governance and Management component at district level;
            (b) any other official from the Department with the necessary expertise and competence in disciplinary proceedings; and (c)
            two (2) members of the governing body appointed by the governing body, one being the chairperson in terms of sub-clause
            5(b).
            (9) The District Manager must appoint, in writing, the two departmental officials in terms of sub-clause 8 above.
            (10) The District Manager or his or her delegate, who is duly appointed in terms of a written delegation, must preside over
            the meeting of the tribunal to elect the chairperson.
            (11)  The governing body must appoint, in writing, in the Departmental approved template the governing body
            representatives in the tribunal.
            (12) The tribunal must provide secretariat services.
            (13)  In matters concerning financial misconduct, an additional member with the necessary financial background and
            expertise shall be co-opted to the tribunal by members of the tribunal.
            (14) A governing body may request the assistance of a governing body association in preparing for the hearing and for the
            purpose of representing the governing body as the initiator at the hearing.

10. Disciplinary Hearing
            (1) The tribunal must give seven (7) days' written notice of the disciplinary hearing to a member who is alleged to have
            committed serious misconduct.
            (2) The notice must contain -
            (a) the charges preferred against the member;
            (b) the venue, date and time of the hearing;
            (c) information to the member that the disciplinary hearing will proceed in the member's absence if a member without just
            cause and documentary proof (where applicable) fails to turn up for the hearing;
            (d) the right of the member to have a representative from the governing body or any other person present during the hearing
            to represent him or her: Provided that that person is not a legal representative; (e) clear notification that representation by
            a legal representative will not be allowed;
            (f) the right to call witnesses in support of his or her defense; and
            (g) any other relevant information relating to the disciplinary hearing.
            (3) The disciplinary tribunal shall appoint a chairperson from amongst the members of the tribunal.

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