Whereas sovereignty over the entire universe belongs to Almighty Allah alone;
Wherein the Muslims shall “govern their affairs by mutual consultation”. (Surah 42 verse 38 Holy Quran);
Wherein the Muslims shall “in the example of the Prophet Muhammad (s. a. w) find the most beautiful pattern of conduct”, (Surah 33 verse 21, Holy Quran),
Now therefore in dedication and commitment to these beliefs, we hereby form this association.
(A) Muslim shall mean a person who believes in the Unity and Oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the Prophets and who upholds the teachings of the Qur’an and the Sunnah of the Prophet Muhammad (SAW) in its entirety, within the framework of the Ahle Sunnah wal Jamaah. –
(B) Islamic Terminology: Any Islamic Terminology referred to in this Constitution shall be Islamic terminology as interpreted and accepted by the Ahle Sunnah wal Jama’a.
(C) Private or independent Muslim school in this context refers to any school which is not a state school and the control of which is vested in private persons or organizations.
The association shall be called “Association of Muslim Schools (AMS)” or “AMS Gauteng” and shall hereinafter be referred to as “The Association”.
The aims and objectives of the Association shall be to uphold and expound the teachings of Islam in accordance with the Holy Qur’an and the Ahadeeth within the framework of the Ahle Sunnah wal Jama’a.
2.1 to advance, promote and represent the interests of its members and to voice collectively opinions on matters pertaining to education;
2.2 to cater for the holistic growth of man in a11 aspects: spiritual, intellectual, aesthetic, physical, social, emotional, scientific, linguistic, both individually and collectively;
2.3 to further the study of all matters related to education and for this purpose arrange conferences, seminars, meetings and workshops;
2.4 to research, publish and disseminate information relating to education;
2.5 if requested, to discuss and resolve matters concerning the policy and administration of member schools and to encourage co-operation between them;
2.6 to consider the relation of such schools to the general educational interests of the community, the province and the country;
2.7 to arrange combined educational excursions;
2.8 to conduct learner and educator exchange programmes;
2.9 to promote the establishment of Muslim Private or Independent Schools;
2.10 to affiliate and co operate with other organizations having similar aims;
2.11 to establish subject and learning area societies;
2.12 to do all things that are consistent with Islamic Shariah as interpreted by the Ahle Sunnah wal Jama’a;
2.13 to raise funds for the achievement of the above objectives;
2.14 to invest in movable or immovable property for the attainment of the above objectives; and
2.15 to participate in any activity resulting in the enhancement of the above objectives.
3.1 All Muslim Private or independent schools and other educational institutions which share the same objectives and are registered with the Department of Education shall be eligible for membership of the Association, and any such school shall became a member upon its application being accepted by the Executive Committee and subject to 4.1.
3.2 Associate Membership shall be open to other educational institutions which share the same objectives as the Association but do not qualify for membership in terms of 3.1.
- MEMBERSHIP SUBSCRIPTIONS
4.1 A Muslim Private or Independent School shall be deemed to have become a member of the Association on payment of the prescribed affiliation fee, subject to 3.1.
4.2 A school shall remain a member of the Association on condition that its subscription fees are paid or until it notifies the Association of its wish to resign in which event it remains liable for any subscriptions that remain unpaid.
4.3 Associate Members shall be subject to a nominal affiliation fee and/or a monthly Subscription fee as determined by the Provincial Council at its Annual General Meeting.
- AFFILIATION TO OTHER ORGANISATIONS
5.1 The Association shall affiliate to the Association of the Muslim Schools (South Africa).
5.2 The Associate shall seek membership to other organizations as determined by the Executive Committee.
- COMMITTEES AND OFFICERS
6.1 Provincial Council
The Management and control of the Association shall vest in the Provincial Council.
6.1.1 The Provincial Council shall consist of the following:
18.104.22.168 Three representatives from each affiliated member comprising preferably (1) a member of the BOG / Shura Committee; (2) The Principal /Amir; (3) Head of Islamiat /any other educator.
6.2 Executive Committee
6.2.1 The Provincial Council shall at its Annual General Meeting elect an Executive Committee consisting of the following:
(a) Chairman, (b) Vice Chairman, (c) Secretary, (d) Treasurer,
(e) and Five Members, at least two of whom shall be Aalims.
6.2.2 The Executive Committee shall, subject to these rules and to such instructions as may be given by the Provincial Council, be entrusted with the Management of the Association.
6.2.3 The term of office of the Executive Committee shall be a minimum period of two years from the date of its election.
6.2.4 The Executive Committee may appoint sub-committees with Terms of Reference as it may deem desirable.
6.2.5 The Executive Committee shall have the power to co-opt additional persons in order to secure expertise in particular fields.
6.2.6 Such co-opted persons shall enjoy ex officio status at Meetings of the Provincial Council.
7.1 Each member school shall be allowed a single vote on any issue requiring a vote.
7.2 Voting by proxy shall be allowed on condition that the member school concerned indicates its nominee in writing.
7.3 Voting shall be by show of hands or as otherwise decided by the majority of those present at a meeting.
8.1 The quorum for a Provincial Council meeting shall be representative of at least two-thirds of the affiliated schools.
8.2 The quorum for the Executive Committee shall be at least four of its elected members.
9.1 There shall be three types of Meetings, namely;
9.1.1 General Meetings of the Provincial Council which shall be held at least twice a year and held at such date, time and place as shall be decided upon by the Executive after consultation with affiliated members;
9.1.2 Meetings of the Executive Committee; which shall be held at least once per school term; and
9.1.3 Special General Meetings which shall be called to discuss matters either at the request of the Executive Committee or if requested by at least 25% of affiliated members.
9.1.4 The Agenda for all meetings of the Provincial Council and the Executive Committee shall be prepared by the Executive Committee and shall be circulated by the Secretary to all members (including the co-opted members) of the Provincial Council at least three weeks before a Provincial Council meeting and one week before an Executive Committee meeting.
- DISQUALIFICATION FOR NON-ATTENDANCE
Any member of the Executive Committee who fails to attend three consecutive meetings of the Executive Committee without valid reason shall be disqualified from membership of the Executive Committee.
- THE CHAIRMAN OF THE EXECUTIVE
11.1 The Chairman shall be the first officer of the Association.
11.2 The duties of the Chairman shall be, inter-alia, the following :
11.2.1 The Chairman shall act for and on behalf of the Association in all matters of urgency.
11.2.2. He shall be the custodian of all the objects of the Association.
11.2.3 He shall issue statements of policy, whenever necessary, on behalf of the Association.
11.2.4 He shall be an ex-officio member of all sub-committees.
- TREASURER AND BANKING ACCOUNT
12.1 The Treasurer shall be nominated by the provincial Council. It shall be the duty of the Honorary Treasurer, subject to such directions as may be given by the Executive Committee to superintend the finances of the Association and the Provincial Council, to pass accounts for payment, to open such banking accounts as may be required and to prepare and submit for approval at a meeting of the Provincial Council an Audited Annual Statement of Account for the year under review and Estimates of Income and Expenditure for the ensuing year
12.2 Any banking account may be operated on by two members of the Executive, the Chairman and one other.
13.1 The Provincial Council shall nominate a Secretary to exercise general supervision of the work of the Association, to conduct the correspondence of the Association, to take minutes of all meetings and generally to carry out such other duties as may from time to time be prescribed.
13.2 The Secretary shall advise all. Constituent Schools of any proposals made by Government, Provincial or other Authority affecting the interests of the Constituent Schools or any of them, and shall convey the views of such Schools to the appropriate Authority as soon as they have been ascertained and collected in a form approved, in respect of matters affecting all Constituent Schools, by the Executive.
- ACCOUNTS AND AUDIT
14.1 The Provincial Council shall cause accounts to be kept of the Income and Expenditure of the Association and such accounts shall be made up to the 31 December in each year, or such other date as the Provincial Council will appoint and shall include such information concerning the affairs of the Association as may be appropriate.
14.2 The accounts of the Association shall be examined and audited at least in each year by such Auditor or Auditors, honorary or otherwise, as the Provincial Council may appoint from time to time. Copies of the Statement of Account shall be furnished to all Constituent Schools at the First General Meeting of the Provincial Council each year.
15.1 The Constitution and rules of the Association may be amended at a special Meeting of the Provincial Council by a vote in favour of such amendment of not less than two-thirds of the member schools present; provided that no amendment shall be considered of which at least three months’ notice has not been given to the Secretary and which has been included in the Agenda of the meeting for which at least one month’s notice must be given. The quorum for such a special General Meeting of the Provincial Council shall be 25% of the members.
- LEGAL AND OTHER MATTERS
16.1 All property and funds of the Association other than for the purposes of Administration shall be vested in the name of the Association.
16.2 Any action to be instituted by or against the Association shall be instituted by or against the Association as legal entity.
16.3 All transfer and other documents required for Deeds Office purposes shall be signed for and on behalf of the Association by any three (3) Officials acting on a Resolution adopted by the Provincial Council.
Every member of the Provincial Council and/or the Executive Committee and any other officer or employee of the Association shall be and is hereby indemnified against losses, expenses or damages incurred in the discharge of or arising out of his duties. No member or officer of the Association shall be liable for the acts, deceits, or defaults of any other member or officer or for joining in any receipt or other act for conformity or any losses or expenses happening to the Association through the insufficiency, or deficiency of title to any property acquired by the members/and or officers for or on behalf of the Association or for the insufficiency or deficiency of any security in or upon which the monies of the Association shall be invested or for any loss or damage arising from the insolvency, tortious act of any person with whom any money, securities, or effects shall be deposited or for any loss, damage or misfortune whatever shall happen in execution of the duties of his office or in relation thereto, unless the same happen through his own dishonesty or his gross negligence.
18.1 In the event of a dispute relating to the interpretation of any work, clause, or article, the decision thereon by the Executive Committee shall be final and binding.
18.2 Any specific matter not provided for Ln this Constitution shall be dealt with by the Executive Committee.
19.1 The Executive Committee may recommend by a two thirds majority to the Provincial Council that the Association be dissolved for good cause.
19.1.1 The Executive Committee’s recommendation shall be included on the Agenda of the next General Meeting or Special General Meeting called for that purpose.
19.1.2 The Association shall be dissolved on the passing of the Resolution recommending dissolution provided this is done-by a 75% majority.
19.1.3 In the event of dissolution, the assets of the Association, after the satisfaction of all debts and liabilities, shall be distributed or transferred to any other Muslim organization or institution, having similar objectives to the Association as determined by the Provincial Council.