Constitution

1. Name of the Academy

There is hereby established a pre-school centre which shall be known as Kids Christian Academy, which is hereby constituted as a corporate body and shall be capable of suing and being sued in its own name and shall possess the objects and powers set forth in this document.

2. Premises of the Academy

The Academy shall be housed in the building situated at 37 Aalwyn Road, Napierville, Pietermaritzburg

3. Objectives of the Academy

The aims and objects of the Academy are to

  • Bridge the gap between formal and non-formal education, for young pre-school children.
  • Provide for the spiritual, physical, social, emotional and intellectual development of the pre-school child;
  • Promote early childhood development (E. C. D.) for each child.

4. Admissions

The Academy shall only admit children between the ages of 3months – 5 years. 
Application for admission:- An admission form shall be filled in by each child’s parent or guardian with proof of birth certificate and immunisation attached before such a child can be admitted to the Academy

The Executive Committee shall control the

  • admission of children to the Academy
  • ages of admission to each group;
  • staff/child ratios.

5. Times of Operation

The Executive Committee will determine the daily hours of operation of the Academy for the pre-school programme for children and the dates and times the Centre will be closed.
No responsibility is accepted for children who arrive before the time determined for opening the Centre each morning.

6. The Executive Committee

The Executive Committee shall

  • Determine the school fees, and where applicable, the lunch fee at each set crèche.
    This shall be payable by the parent or guardian of the child.
  • Prescribe a sliding scale according to its assessment of the financial position and/or make provision for subsidies for those who experience financial difficulties in paying fees.
  • Stipulate the ages of admission to each group.
  • Monitor staff/child ratios.
  • Direct curriculum content and presentation.
  • Ensure the parent is provided with a school report at the end of each year.
  • Direct all fund-raising activities undertaken by the Parents’ Committees of the Academy
    Approve proposals for the raising of funds for the centre.
  • Organise all applications for subsidies, grants or sponsorship of needy children, etc.

7. Elections

The Executive Committee shall elect the following officers from among their numbers:
A Chairperson and a Vice-Chairperson
He/she shall

  • Preside at Executive Committee meetings and Parents’ Committee meetings.
  • Sign the minutes.

A Secretary

He/she shall

  • Keep minutes of all meetings.
  • Arrange Committee Meetings and send notice to members.
  • Circulate minutes to Committee members.
  • Arrange for the advertising of such things as staff vacancies, vacancies for admission of children at the set Pre School, etc.
  • Conduct all necessary correspondence.

A Treasurer

He/she shall:-

  • Keep detailed accounts and financial records for auditing on an annual basis.
  • Monitor the prompt payment of all fees.
  • Monitor the payment of accounts, salaries and wages.
  • Arrange with the Supervisor/Principal for the ordering of equipment and supplies.
  • Ensure that there are sufficient funds to meet commitments.
  • Arrange and pay monthly salaries.
  • Oversight all financial expenditure and payments made by the Centre.
  • Immediately after the end of each financial year prepare an annual budget of estimated income and expenditure for approval and the said budget shall be presented at the next Annual General Meeting.
  • Prepare an annual statement of accounts and a balance sheet for submission to the Annual General Meeting of the Centre.
  • A quorum for a meeting of the Executive Committee shall consist of 2 members.

8. Financing

Funds shall come from fees, donations, fund-raising activities. .All fees shall be payable monthly in advance, included in this are the holiday months of July, December and January. No refunds will be paid out.
If fees are not paid promptly the child may be required to leave the Academy and the place offered to another child.
The Academy shall operate a Current or Savings Account at a commercial bank or building society nominated by the Executive Committee.
Cheques and other negotiable instruments shall be signed by any two of its members nominated by the Executive Committee to sign on its behalf.
No expenditure whatsoever shall take place except in accordance with the approved budget or with the express prior authority of the Executive Committee.
For the purposes of this Constitution, “financial year” means the period of twelve months commencing on the first day of January until the last day in December in any year.

9. Staffing

The Executive Committee shall have the power to employ such staff as it deems necessary, upon such terms and conditions as it deems fit.
One months’ notice of termination of employment is required from the Executive Committee or a staff member terminating a contract of service.
Volunteer participation shall be welcomed and encouraged in the running of the Academy provided the volunteers subscribe to the aims and objects of the Academy and agree to be subject to the direction of the Educare Supervisor/Principal referred to in Clause 10 of this Constitution.

10. The Supervisor/Principal

  • The Supervisor/Principal shall be responsible for the day-to-day running of the Academy under the general direction of the Executive Committee and in particular shall
  • Supervise staff.
  • Keep the waiting list of children and adults seeking admission to the Centre.
  • Inform applicants of the success or otherwise of their applications and of the monthly fees payable by them.
  • Be responsible for the general safety and well-being of the children while they are in the care of the Centre.
  • See to the maintenance and repair of equipment.
  • Ensure a healthy diet for the children in the Centre.
  • Ensure a quality educational programme is prepared and presented for the children at the Centre
  • Draw up a monthly budget in consultation with the Treasurer.
  • With the written authority of the Executive Committee purchase equipment and supplies.
  • Plan parents meetings, community meetings, social events and fundraising events as required from time to time by the Executive Committee.
  • Hold regular staff meetings.
  • Supervise the educational programme and train staff.
  • Teach their own class group of learners.

11. The Parent’s Committee

A Parents’ Committee shall be elected at the first General meeting in each calendar year from all parents whose children have been admitted into the pre-school programme of the Centre for that year.

The Parents’ Committee is to be 3 – 8 persons (parents) voted and approved by the Supervisor /Principal and Executive Committee.

The function of the Parents’ Committee is to assist the Supervisor/Principal with fund-raising projects, help maintain equipment, provide voluntary assistance when required and generally to assist in maintaining the standards of the Centre.

12. Annual General Meeting

Written notice of the Annual General Meeting shall be given by the Secretary not less than twenty-one (21) days before such meeting, setting out the business to be conducted at the meeting. The quorum for an Annual General Meeting shall be not less than 10 members of the community, 5 members of the Parents Committee, and 6 executive committee members.
If a quorum is not present, the meeting shall stand adjourned to the same time and place one week later and those members present at the resumed meeting shall constitute a quorum.

The business which shall be transacted at an Annual General Meeting, in addition to any other business that may be regularly brought forward shall be to

  • Confirm the minutes of the last Annual General Meeting and of any other General Meeting held since the date of such meeting.
  • Receive the Chairperson’s, and the Supervisor/Principal’s, report on the activities of the Centre since the last Annual General Meeting.
  • Consider, and if approved, pass the audited Balance Sheet and Accounts relating to the preceding year presented by the Treasurer.

Procedure and Voting
Each member present at an Annual or other General Meeting shall be entitled to a vote.
Where this Constitution is silent or its interpretation is disputed, the procedure to be adopted and the correct interpretation to be placed upon the Constitution shall be determined by the Chairperson. Should the Chairperson’s ruling thereon be challenged at any meeting whatsoever, the matter shall be determined by the majority vote of the members present entitled to vote at such meeting.

Failure to give due notice of any meeting called in terms of this Constitution to any person entitled thereto, due to accidental omission or mere inadvertence, shall not invalidate the proceedings nor any decision taken at such meeting to which such notice relates.

13. Property

All the property and assets of the Centre shall vest in the members for the time being of the Executive Committee referred to in Clause 6 of this Constitution in trust for the Academy, and shall be kept insured, if possible and deemed necessary, for their full replacement value.and, if required by law or otherwise, shall be registered in the name of Kid’s Christian Academy.
Subject to the provisions of Clause 6. of this Constitution, all legal documents requiring signature in the name of the Academy shall be signed by the Chairperson, the Secretary and the Treasurer.
The Centre, its Executive Committee, officers, any trustees, members, sub-committees and auditor for the time being shall be indemnified and held not responsible for any loss or damage that may occur by reason of any act done, or omitted, in the furtherance of the aims and objects of the Centre or in the exercise of the duties of their respective offices under this Constitution, and none of them shall be answerable for the acts and defaults of the others of them, if they have exercised reasonable care and diligence in accordance with prevailing legal, commercial and professional practice :

Provided that each of the persons to whom this clause relates shall be responsible for any damage or loss which may occur through his or her own wilful neglect or default.

14. Modification and Amendments:

This Constitution may be repealed, amended or added to in any manner by a resolution passed by a two-thirds majority of those present and voting at a General Meeting called for that purpose by giving all entitled to be present and vote thereat not less than twenty-one (21) days written notice of such proposed alteration.

15. Dissolution of the Academy

The Centre may be dissolved if at least two-thirds of the members present and voting at the General Meeting of members of the Centre and the Parents Committee, and representatives of the Executive convened for that purpose are in favour of dissolution.
Not less than twenty-one (21) days written notice shall be given of such General Meeting and the notice convening the meeting shall clearly state that the question of dissolution of the Centre and the disposal of its assets will be considered.

If there is no quorum at such General Meeting, the meeting shall stand adjourned for one week to the same time and place and the members attending such an adjourned meeting shall constitute a quorum.

If upon the dissolution of the Centre there remain any assets after the satisfaction of all the debts and liabilities of the Centre, such assets shall not be paid to or distributed among its members, but shall be given to its successor organisation or to such other registered welfare organisation/s, authorised to collect contributions in terms of the Fund-Raising Act, 1978, preferably having similar objects, as may be decided either by the members of the General Meeting at which it was decided to dissolve the Centre, or in default of such decision, as may be decided by the Executive Committee.

The Committee meeting at which such decision is taken shall take place not less than two months after the date on which it was decided to dissolve the Centre.

If no decision has been made by the Committee in terms of the preceding paragraphs of this Clause, the remaining assets of the Centre shall be distributed in accordance with the directions of the Director of Fund Raising.

In all other respects, not mentioned in this Constitution, the Constitution of the Centre shall govern the administration in so far as it is applicable.

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