CONSTITUTION

OF THE

MALAWI SECONDARY SCHOOL HEADTEACHERS

ASSOCIATION

(MASSHA)

FEB, 2020

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Table of Contents
1.0 Preamble 5
1.1 Vision 6
1.2 Mission 6
1.3 Motto 6
1.4 Core values 6
Article 1: Definitions 7
Article 2: Objectives 7
Article 3: Mandate 8
Article 4. Membership 9
Article 5: Rights and obligations 10
Article 6: Structural Organization and governance 11
6.1 The National Executive Committee 12
6.2 Functions of the National Executive Committee: 12
6.3 Duties of the National Executive Committee Members 12
6.3.1 The President 12
6.3.2 The Vice-President 13
6.3.4 The Vice Secretary General 14
6.3.5 Treasurer General 15
6.3.6 The Publicity Secretary 16
6.3.8 The Programme Coordinator 16
6.3.9 Resource Mobilization Coordinator 17
6.3.10 Gender coordinator 17
6.4 Divisional MASSHA Committee 18
6.4.1 Function of the Divisional Committee. 18
6.4.2 Office bearers of Division Executive Committee. 19
6.4.3.1 The President 19
6.4.3.2 The Vice-President 20
6.4.3.3 The Secretary 20
6.4.3.4 The Vice Secretary 21
6.4.3.5 Treasurer 21
6.4.3.6 The Publicity Secretary 22

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 6.4.3.7 The Programme Coordinator 23
6.4.3.8 Resource Mobilization Coordinator 24
6.4.3.9 Gender Coordinator 24
6.5. District Executive Committee 24
Article 7: Student Council 26
Article 8: Elections of office bearers 26
8.9 By-elections 28
8.11 Voting procedure 30
Article 9: Tenure and resignations 32
9.1 Three-year Tenure: 32
9.2 Resignation 33
9.2.1 Resignation of Executive Member: 33
9.2.2 Resignation or Incapacity of the President: 33
9.2.3 Death or incapacitation of the President 34
9.2.4 Resignation of the Executive Committee en bloc 34
9.3 Accounting on Resignation 35
Article 10: Discipline 35
10.3 Filling vacant positions 36
Article 11: Meetings 36
11.1Annual General Conference 36
11.2 NEC Meetings 39
Article 12: Finances and audit 39
12.2 Membership and subscription fees 40
12.3 Auditing 42
12.4 Funding of the Secretariat: 42
12.5 Bank Account: 43
12.6 Funds of the Association: 43
12.7 Auditor 44
12.8 Audit of Accounts 45
Article 13: Board of trustees and property 46
Article 14: The legal advisor 49
Article 15: The By-laws 50

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Article 16: The Common seal 50
Article 17: Amendments to the constitution 51
Article 18: Dissolutions 51
Annexe 53

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1.0 Preamble
Having realized the need for mutual cooperation among
secondary schools and the various education stakeholders, and
convinced that the institutions we head are in constant need of
improvement for the good of our country and society in general,
we hereby establish an association called Malawi Secondary
School Headteachers’ Association herein referred to as MASSHA
and/or the Association.

Aware of the vital and constructive role that MASSHA can play in
the initiation, design and implementation of educational policies
and programmes, it is our desire to make an effective
contribution to the practical realization of the Ministry of
Education, Science and Technology’s vision, mission and motto.
We are determined to work jointly with the government, and all
other well meaning, progressive and constructive individuals and
groups for the improvement of the quality of life through the
provision of quality and relevant education.

The Association shall form chapters at Divisional, District and

Cluster Education levels. Furthermore, it will foster youth
leadership through the establishment of student councils in all
public secondary schools to strengthen school governance.

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1.1 Vision
To be a professional body of school leaders spearheading the
provision of quality and relevant education.

1.2 Mission
To provide comprehensive support to school leaders through
collaboration, networking and participating in communities of
practice locally and internationally in line with the 21st century
approaches to education.

1.3 Motto

Professionalism is key to quality and relevant education.

1.4 Core values

● Professionalism
● Integrity
● Inclusiveness
● Excellence
● Efficiency and effectiveness
● Collaboration
● Equity
● Transparency and accountability

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Article 1: Definitions

AGC Annual General Conference

MASSHA Malawi Secondary Schools Head Teachers’
Association
CPD Continuous Professional Development
Member shall mean any fully paid and registered
member of MASSHA
NEC National Executive Committee
TSC Teaching Service Committee
TUM Teachers Union of Malawi.
NGO Non-Governmental Organization
HOYA Head teacher of the Year Award
TOYA Teacher of the Year Award
SOYA Student of the Year Award

Article 2: Objectives
The objectives shall be as follows:

2.1 To promote the professional development of Head

teachers
2.2 To participate in policy formulation at Departmental level
by securing positions in relevant committees.

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 2.3 Lobby for an observer status in the proceedings of the
Parliamentary Committee on Education and other task
groups.
2.4 To establish sound and co-operative liaison with the
Ministry of Education, Science and Technology, Teaching
Service Commission (TSC), Malawi Institute of Education,
Teachers Union of Malawi (TUM), National Library Services,
Tertiary Institutions and registered NGOs in the promotion,
development and implementation of any government
educational programme.
2.5 To affiliate to national, regional and international
organizations, associations or other entities which have the
same or similar objectives as MASSHA.
2.6 To undertake educational research, publish journals and/or
news sheets, and disseminate professional literature.
2.7 To guide in the institutionalization of Students Councils and
coordinate its functions and duties

Article 3: Mandate
The Association shall be professional, non-partisan and non-
sectarian in all its activities as it executes the following mandates:

3.1 to participate in any form of discourse that pertains to policy

and emerging issues in secondary school education

3.2 to build capacity of school leaders

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3.3 to establish and supervise MASSHA chapters at divisional, district
and cluster levels in Malawi for better administration of the
Association’s activities and implementation of its objectives

3.4 to establish and monitor Students’ Councils at school, cluster,

district, divisional, and national levels in Malawi.

3.5 to mobilise and invest resources for the running of the

association.

3.6 to employ staff deemed necessary on such conditions as it may

determine to carry out the administration of its functions and
objectives

3.7 to undertake any activity deemed necessary by the Association

to extend its ability to carry out its objectives and serve its
members.

Article 4. Membership
4.1 Membership of the Association shall be open to all serving or
acting Secondary School Head Teachers in Malawi.
4.2 Membership of the Association shall consist of the following
categories:
i. Ordinary members
ii. Ex – officio members; and
iii. Honorary members

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 4.3 Ordinary membership of the Association shall be exclusively
and solely be open to serving/acting head teachers of the
following:
i. Public secondary schools
ii. Grant – aided secondary schools, and
iii. Private secondary Schools
4.4 The Ex- Officio members of the Association shall be the
following:
i. Immediate past chairperson
ii. Immediate Past Secretary General
The Association may, by resolution of its executive committee
or General Conference, vary and/or amend the list of Ex –
Officio members
4.5 The Honorary members of the Association shall be persons
and/or institutions and groups interested in the objectives and
aspirations of the Association and shall be elected as such by
the Association at its General Conference.

Article 5: Rights and obligations

5.1 Ordinary members shall have the right to:
i) attend and participate fully in the proceedings of any
General Conference duly convened;
ii) nominate or be nominated, elect or be elected, to any
office in the Association subject to Article 7 of this
constitution, and
iii) vote at all General Conferences at appropriate levels.
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5.2 In the execution of the duties of the Association, a member
shall be entitled to such privileges and allowances as may
be determined by the executive. The allowances shall be
based on the stipulated government rates.
5.3 Ex – Officio and Honorary Members
i. Ex – Officio and Honorary members of the Association
may attend and participate in the proceedings and
deliberations of the General Conference of the
Association, but they shall have no right to vote, elect or
be elected to any office in the government of the
Association.
ii. Honorary members and Ex-Officio members shall likewise
be subject to restrictions prescribed by these rules and by
- laws.
5.4 Grievances
i. No member of the Association shall resort to move
matters for settlement in Court before referring matters
first to the National Executive Committee of the
Association for settlement.

Article 6: Structural Organization and governance

The management of the association shall be vested in the
executive committee who may delegate some of the
functions to specialized sub- committees.

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6.1 The National Executive Committee
The NEC shall be the highest governing and decision making
authority of the association elected at the AGC. It shall
comprise the following office bearers:

i. The President,
ii. The Vice President,
iii. The Secretary General,
iv. The Vice Secretary General,
v. The Treasurer General
vi. The Publicity Secretary,
vii. The Programme Coordinator,
viii. The Resource Mobilization Coordinator
ix. Gender Coordinator

6.2 Functions of the National Executive Committee:

i. approve the programme of the Association;
ii. approve the budget of the Association;
iii. monitor the programme of the Association; and,
iv. receive recommendations from the sub-committees
and pass decisions on them

6.3 Duties of the National Executive Committee Members

6.3.1 The President

The President shall

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 i. be the executive head of the National Executive Committee
and shall be the leader of the Association
ii. preside over and conduct all the meetings of the NEC and
AGC.
iii. ensure the efficiency and smooth running of the Association
and implementation of its objectives, policies and decisions.
iv. supervise and coordinate the activities of other officers in the
Executive committee and be answerable to the Association
through its AGC.
v. ensure that decisions taken at General and Executive
meetings are properly and promptly executed.
vi. be signatory to the Annual Report and any other reports of
the NEC to the AGC.
vii. authorize all payments.
viii. be co – signatory to the accounts of the Association.

6.3.2 The Vice-President

The Vice President shall

i. chair a disciplinary committee
ii. monitor the operations of the Student council
iii. oversee the program operations in liaison with the
Coordinator.
iv. perform such duties as may be assigned to him/her by the
President or by the National Executive Committee from

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 time to time and in the absence of the President, perform
the duties of the President.
6.3.3 The Secretary General
The Secretary General shall

i. be the principal officer in charge of the records of the

Association.
ii. convene and preside over General Conferences in the
absence of the President and Vice President.
iii. take and keep records of proceedings at all executive
and General Conferences.
iv. liaise with the president in implementing the decisions of
the general and executive committee and ensure that the
decisions are properly and promptly executed.
v. present a comprehensive annual report and any other
reports of the Association to the General Conferences.
vi. conduct all correspondence on behalf of the Association.
vii. make provision for the safe custody and preservation of all
the valuable documents, files and records of the
Association.

6.3.4 The Vice Secretary General

i. The Vice Secretary General shall be the vice to the

Secretary General and shall basically assist him/her in the
execution of all duties and responsibilities of Secretary
General’s office.
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6.3.5 Treasurer General

The Treasurer General shall:-

i. be the principal finance officer of the Association in
charge of its finances, monies and assets.
ii. collect or cause to collect membership dues, and
other monies to which the association shall be entitled.
iii. deposit all the monies collected into the bank.
iv. keep proper books of account, which shall adequately
and correctly reflect the financial standing of the
Association.
v. prepare an operational budget for the association and
shall table the same to the Executive committee for
ratification before it is presented to the General
Conference for approval.
vi. be the assets controller for the Association and shall
keep a proper record of the assets, their deployment
and disposal.
vii. prepare and present a financial report and a balance
sheet of the Association at its Annual General
Conference or at any other time as may be required
by National Executive committee.
viii. be co –signatory to the Accounts for the Association.

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6.3.6 The Publicity Secretary

The Publicity Secretary shall: -

i. be responsible for publicizing the existence, objectives and

activities of the Association;
ii. take such actions as are necessary to improve, enhance
and protect the good image of the Association to its
members, the public and the international community;
iii. be the chief spokesperson of the Association; and perform
the function of External Relations Secretary for the
Association.
iv. maintain a link with the Ministry of Education Science and
Technology and assist in dissemination of important
communication from the ministry and other stakeholders.
v. perform any other duties that may be assigned by NEC.

6.3.8 The Programme Coordinator

The Programme Coordinator shall:-

i. be the Administrative Secretary of the Association;

ii. be responsible for the day to day administration of the
Association
iii. coordinate all the activities of the Association, the
National Executive Committee, the Divisional
Committee, and Sub-committees

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 iv. liaise with all those concerned to ensure the Association's
activities are carried out in a coordinated and consistent
manner in furtherance of the objectives of the
Association.
v. co-ordinate all activities of HOYA, TOYA, SOYA and
Student Council or any other activity as directed by the
National President.
vi. be a signatory

6.3.9 Resource Mobilization Coordinator

The Resource Mobilization Coordinator shall

i. be responsible for initiating, organizing all fund raising
activities and non-financial resource mobilization for the
NEC
ii. be responsible for partnerships, linkages, grants,
proposal development and research.

6.3.10 Gender coordinator

The Gender Coordinator shall

i. coordinate with the executive to develop and implement
integrated gender mainstreaming approaches; and support
gender related trainings
ii. draft or contribute to other project reports and presentations
on activities and provide data analysis.

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iii. provide advice to the executive on gender related issues,
concerns, trends and policies.

6.4 Divisional MASSHA Committee

6.4.1 Function of the Divisional Committee.

i. The committee is the vehicle through which information

regarding activities, policies etc. of the National
Association shall be disseminated.
ii. There shall be an executive committee elected to run the
Association’s affairs at Division level.
iii. The Division Committee under the leadership of its
executive shall meet at least once in a term.
iv. The activities of the Committee shall be funded by
subscription fees from members and institutions, whose
rate will be determined by the National Executive
Committee depending on the scope of activities.
v. The Division executive will be responsible for drawing and
keeping an up to date register of member institutions
within the region and will duly keep NEC records
updated.
vi. The executive shall assist the national executive to
execute its activities and programs at the regional level.

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6.4.2 Office bearers of Division Executive Committee.

The Executive committee which will be elected shall consist of

the following office bearers;
i. The President,
ii. The Vice President,
iii. The Secretary,
iv. The Vice Secretary,
v. The Treasurer
vi. The Publicity Secretary,
vii. The Programme Coordinator,
viii. The Resource Mobilization Coordinator
ix. Gender coordinator
6.4.3 Duties of the Division Executive Committee

6.4.3.1 The President

The President shall

i. be the executive head of the Divisional Executive

Committee and shall be the leader of the Association at
Divisional level
ii. preside over and conduct all the meetings of the Divisional
Executive Committee
iii. ensure the efficiency and smooth running of the
Association and implementation of its objectives, policies
and decisions.

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 iv. supervise and coordinate the activities of other officers in
the Executive committee and be answerable to the NEC.
v. ensure that decisions taken at General and Executive
meetings are properly and promptly executed.
vi. be signatory to the Annual Report and any other reports of
the Divisional Executive Committee.
vii. authorize all payments at divisional level.
viii. be co – signatory to the accounts of the Association at
divisional level.

6.4.3.2 The Vice-President

The Vice President shall

i. chair a disciplinary committee
ii. monitor the operations of the Student council
iii. oversee the program operations in liaison with the
Coordinator.
iv. perform such duties as may be assigned to him/her by
the President or by the Committee. In the absence of
the President he/she shall perform the duties of the
President.

6.4.3.3 The Secretary

The Secretary shall:

i. be the principal officer in charge of the records of the
Association at divisional level.

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 ii. convene and preside over General Conferences in
the absence of the President and Vice President.
iii. take and keep records of proceedings at all
executive and General Conferences.
iv. liaise with the president in implementing the decisions
of the general and executive committee and ensure
that the decisions are properly and promptly
executed.
v. present a comprehensive annual report and any
other reports of the Association to the General
Conferences.
vi. conduct all correspondence on behalf of the
Association at divisional level.
vii. make provision for the safe custody and preservation
of all the valuable documents, files and records of the
Association at divisional level.

6.4.3.4 The Vice Secretary

i. The vice Secretary shall be the vice to the Secretary and

shall basically assist him/her in the execution of all duties
and responsibilities of Secretary’s office.

6.4.3.5 Treasurer

The Treasurer shall:-

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 i. be the principal finance officer of the Association at
divisional level in charge of its finances, monies and
assets.
ii. collect or cause to collect membership dues, and
other monies to which the association shall be entitled.
iii. deposit all the monies collected into the bank.
iv. keep proper books of account, which shall adequately
and correctly reflect the financial standing of the
Association at divisional level.
v. prepare an operational budget for the Association at
divisional level and table the same to the Executive
Committee for ratification before it is presented to the
General Conference for approval.
vi. be the assets controller for the Association at divisional
level and keep a proper record of the assets, their
deployment and disposal.
vii. prepare and present a financial report and a balance
sheet of the Association at its Annual General
Conference or at any other time as may be required
by Divisional Executive Committee.
viii. be co –signatory to the accounts for the Association at
divisional level.

6.4.3.6 The Publicity Secretary

The Publicity Secretary shall: -

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 i. be responsible for publicizing the existence, objectives
and activities of the Association at divisional level;
ii. take such actions as are necessary to improve, enhance
and protect the good image of the Association to its
members, the public and the international community;
iii. be the chief spokesperson of the Association at divisional
level.
iv. perform any other duties that may be assigned by
Divisional Executive Committee.

6.4.3.7 The Programme Coordinator

The Programme Coordinator shall:-

i. be the Administrative Secretary of the Association at

divisional level;
ii. be responsible for the day to day administration of the
Association at divisional level
iii. liaise with all those concerned to ensure the Association's
activities are carried out in a coordinated and consistent
manner in furtherance of the objectives of the
Association.
iv. co-ordinate all activities of HOYA, TOYA, SOYA and
Student Council or any other activity as directed by the
President at divisional level.
v. be a signatory to the bank accounts at divisional level.

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6.4.3.8 Resource Mobilization Coordinator

The Resource Mobilization Coordinator shall

i. be responsible for initiating, organizing all fund raising
activities and non-financial resource mobilization for the
Divisional Executive Committee.
ii. be responsible for partnerships, linkages, grants,
proposal development and research at divisional level.

6.4.3.9 Gender Coordinator

The Gender Coordinator shall

i. coordinate with the executive to develop and implement
integrated gender mainstreaming approaches; and support
gender related trainings
ii. draft or contribute to other project reports and presentations
on activities and provide data analysis.
iii. provide advice to the executive on gender related issues,
concerns, trends and policies.

6.5. District Executive Committee

i. Every district shall form an association of secondary
school head teachers from public schools and this will
constitute the district chapter of MASSHA.

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 ii. The district association shall be the vehicle through
which information regarding activities, policies etc. of
the Association shall be disseminated.
iii. The district association shall have the same objectives
and activities but subject to local modifications
according to the initiative and innovativeness of
members.
iv. The activities of the committee shall be funded by
subscription fees from member institutions, whose rates
will be determined by the district executive committee
on the scope of activities.
v. The association shall elect an executive committee to
run the affairs.
vi. The association under the leadership of its executive
shall meet at least once in a term.

6.6 Disciplinary Committee

There shall be a disciplinary committee at all levels which shall
comprise:
i. The Vice President
ii. The Secretary (General)
iii. Gender Coordinator
iv. Cluster leader of the offender

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Article 7: Student Council

7.1 There shall be a Student Council at all levels of MASSHA; school,

cluster, district, divisional and national whose activities shall be
coordinated by the Association. The members of the Student
Council shall be elected democratically by the students through
secret ballot. At school level, the structure of the Student Council
shall be tailored to suit the school size and needs. All positions
including Chairperson, shall be open to all students regardless of
class.
7.2 The NEC shall be elected during the student leaders’ AGC.
7.3 Gender balance shall be observed when nominating and voting
candidates into various positions. 50-50 shall be observed.
7.4 One position shall be reserved for a representative for students
with special needs.
7.5 The Student Council shall have its own constitution to guide their
operations.
7.6 For the structure and functions, refer to the annexe.

Article 8: Elections of office bearers

8.1 All offices of the Association shall be elective, except as may be

otherwise provided herein, and holders thereof shall remain in
office for three (3) consecutive years and shall be eligible for
election for a maximum of two terms; where a “term” is hereby
declared and understood to be three years.

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8.2 Elections for national office bearers shall be ratified by members
at the AGC and at an equivalent gathering of members at the
Division and District level after elections as conducted under
Section 8.11.

8.3 No member shall be eligible for election to national office unless

he/she has been a Head teacher for five (5) years or for three (3)
years, in the case of division and district offices.

8.4 Further, for one to be elected to office, one must be up to date

with all his/her obligations, including payments, to the
Association.

8.5 Once elected, one is entitled to remain in office for three (3)
years, at the end of which one is entitled to be elected for a
further three (3) years, provided that one shall not serve for more
than two (2) terms in the same office; where a term means three
(3) consecutive years.

8.6 All elected officers, including at the division and district level,
may be suspended from office by the NEC, in which event, the
NEC shall forthwith temporarily fill the temporary vacancy,
pending the resolution of the cause for the suspension by the
Annual General Conference. The suspended official has a right
to be heard.

8.7 Any open positions/any vacancies arising at the national level

shall be temporarily filled by the NEC as per Section 8.11

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 provided that should the vacancies consist of more than 50% of
the national office the NEC shall be obligated to convene a
special electoral board forthwith to fill the vacancies

8.8 The elections of the Members of the National Executive

Committee shall be based on fair distribution amongst the six
Education Divisions. No single Education Division shall hold more
than two positions in the National Executive Committee

8.9 By-elections
8.9.1. Elections are conducted in the NEC, Division or the District
structures of the Association to elect an office bearer who:
i. has passed on or resigned;
ii. is dismissed by the MoEST;
iii. has failed to attend 3 consecutive meetings of the
Executive that she/he is obliged to attend, without a
written apology and valid reason;
iv. when she/he is no longer a head teacher.

8.9.2 By-Elections should be conducted in the following way in the

different structures:
i. The district by-elections shall be presided over by the
Division elections committee
ii. The division by- elections shall be presided over by the
National elections committee.

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 iii. The NEC shall conduct by-elections that must be
managed by an independent agency or electoral
officers appointed by the NEC.

8.9.3. Procedures for by-elections: In all cases where by-elections

shall be conducted, the following procedures must apply:
i. The Secretary or any person mandated by the
Executive at the relevant structure where the position
or office exists shall notify structures in writing of the
existence of that position being available and reasons
that such position has become available.
ii. The above official shall issue a notice to all structures
for the nomination of candidates and the closing date
for receipt of nominations.
iii. The official of the structure higher than the structure
where the position/office exists or an independent
observer appointed in the case of the Divisional or
National structure shall be responsible to handle all the
nomination forms until the elections have been
completed.
iv. Vacancies emanating from such by-elections must be
filled at the same meeting.

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8.11 Voting procedure
8.11.1 Conduct of Election
i. The National Executive Committee General Election
shall be held at the AGC convened by the National
Executive Committee not later than the end of August
of the relevant year.
ii. The Divisional and District Committee’s elections shall
be held at the General Conference of the relevant
committees not later than six months before the
National General Conference for the election of
National Executive Committee and Board of Trustees
where applicable.
8.11.2 National Returning Officer and Electoral Commission
Committee Members
i. For purposes of the General Election, the relevant
Annual General Conference shall by simple majority,
elect fit and proper persons from among the persons
legitimately attending the AGC to act as a National
Returning Officer. A member of the outgoing executive
committee who shall not be eligible to be elected can
be elected as a returning officer. The Elected National
Returning Officer and electoral committee members
shall have the terms of reference stipulated in the
relevant elections by-law. The National Returning

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 Officer shall have similar qualifications like the President
of the National Executive Committee.
ii. The National Returning Officer and Electoral
Commission Committee members are the overall
overseers of the Association’s elections and any
matters relating to any election if not resolved at the
relevant level shall be forwarded to him/her and if not
resolved the same within 5 days be forwarded to the
Central Executive Committee who shall make a
decision within 10 days and the decision of the Central
Executive Committee shall be final.
iii. The term of office of the National Returning Officer and
Electoral Commission Committee members shall run
until the next General Conference another National
Returning Officer and Electoral Commission
Committee members are elected.

8.11.3 Mode of voting

i. All the elections at an elective AGC shall be by secret
ballot.
ii. Each ordinary member shall have one vote to each
post in each election
iii. Nomination to each post shall be made by one
ordinary member orally, and each shall be seconded
by at least two ordinary members.

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 iv. Candidates shall be elected when they have obtained
a 50% + 1 majority on a duly held election.
v. A representative of another ordinary member to
exercise the voting rights of the former ordinary
member shall be with approval of the National
Executive Committee.
vi. The National Executive Committee with approval of
the General Assembly shall enact a by-law providing
for the terms of reference and the conduct of elections
under this Constitution.
8.11.4. Swearing- in
i. Swearing in of the National Executive Committee and
The Board of Trustees of the Association shall be presided
over by the Association’s Legal Advisor.

Article 9: Tenure and resignations

9.1 Three-year Tenure:
i. Any person elected at an elective General Conference
to any of the posts established under this constitution shall
normally hold office for not more than three calendar
years Except the Board of Trustees who shall hold office
for 5 years.
ii. Any person elected at a by –election to fill a vacancy on
the Executive committee occurring between two elective

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 General Conferences shall hold office only for the
balance of the term during which the vacancy occurred.
iii. Any person elected to a higher office shall resign from a
lower office.
9.2 Resignation

9.2.1 Resignation of Executive Member:

i. A member of the Executive committee, other than the

president, may resign his/her post by giving at least 14day’s
written notice to the president but his/her resignation shall
not take effect until the 15th day next following receipt of
his/her resignation notice by the president.
ii. The president shall thereafter assign the duties attached to
the post from which the member of the Executive
Committee shall have resigned to another member until a
by – election may be held.

9.2.2 Resignation or Incapacity of the President:

i. The President may resign from the post by giving 30 days’

written notice to the effect to the Secretary General but the
President’s resignation, shall not take effect until after the
31st day next following the receipt of the said notice by the
Secretary General.

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9.2.3 Death or incapacitation of the President

i. If the President dies, resigns or for any cause becomes

incapable of carrying on the duties of his/her office, the
Vice President shall forthwith assume the office of President
and exercise the functions and power and carry out the
duties thereof for the balance of the term. When the vice
president is unable or unwilling to assume the office of the
president under the said circumstances, the Secretary
General and the Treasurer General shall jointly carry out
the president’s duties and function for the period not
exceeding four (4) months while they make arrangements
for an extra–ordinary General Conference of the
Association before which to table circumstances for a
decision.

9.2.4 Resignation of the Executive Committee en bloc

9.2.4.1 The Executive Committee may resign en bloc by the

Secretary General notifying members of the Association in
writing of the Executive Committee’s intension so to resign, and
the same notice shall summon an extra–ordinary General
Conference of the Association to convene in not less than
thirty (30) days to receive and consider the Executive
Committee’s notice of intended resignation.

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 9.2.4.2 If the extra – ordinary General Conference accept the
en bloc resignation referred in (a) above, the same meeting
shall elect a new Executive committee for a regular term of
three (3) years.
9.3 Accounting on Resignation
i. A resigning member of the Executive Committee or the
resigning Executive Committee shall render a full account
and shall be liable fully to account to the Association for all
monies, assets and property entrusted to them or which they
came to hold, manage and/or control by virtue of their
office.

Article 10: Discipline

10.1 Any office-bearer at national, Divisional and District level may
be suspended, and upon a hearing, be expelled from office
on the following grounds:

i. Fundamental breach of the provisions of this Constitution

ii. Financial impropriety
iii. Conviction of a felony under the laws of the Republic of
Malawi
iv. Bringing the Association into disrepute
v. Gross misconduct

35
10.2 Gross misconduct

i. Upon receiving a report and after preliminary investigation, the

NEC, the Divisional and the District level respectively, may
suspend an office- bearer from office on the stated grounds.
ii. The suspended official shall put in a written defense to the NEC
and Divisional Committees respectively within 14 days of the
letter of suspension.
iii. The NEC shall convene a hearing within 30 days and upon
determination, may acquit or expel the suspended official.
iv. Provided that if the suspended official is an NEC member, the
NEC shall constitute a disciplinary committee to hear and
determine the suspended official’s case.

10.3 Filling vacant positions

i. Vacant positions shall be filled in accordance with this

constitution

Article 11: Meetings

11.1 Annual General Conference
11.1.1 The Executive Committee shall convene the Annual
General Conference on a date to be fixed by it on or
before the 31st day of August of every calendar year to
transact the following business:

36
 i. To confirm the minutes of the previous Annual General
Conference and any Special General Conference held
after the previous Annual General Conference, the
minutes of which have not been confirmed at any other
Special General Conference.
ii. To receive and adopt the President's and Secretary's
Report and the report of the Board of Trustees.
iii. To receive and adopt the audited accounts for the
previous year/s
iv. To appoint an Interim President and an Interim Secretary,
for the purpose of conducting and supervising the
election of office bearers and members of the Executive
Committee.
v. To elect office bearers and members of the Executive
Committee (when due).
vi. To elect Trustees (when due).
vii. To appoint or re-appoint Auditors and fix remuneration, if
any.
viii. Any other business with the permission of the President.

11.1.2 Any member of the Association who wishes to move any

resolution at the Annual General Conference, may do so
by giving written notice thereof duly seconded by
another member to the Secretary not less than 14 days
before the date of such meeting.

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 11.1.3 Quorum

i. The quorum for the AGC shall not be less than two thirds of
the registered paid up members.
ii. No business shall be transacted at any meeting unless a
quorum is present
iii. In the event of the necessary quorum not being present
within one hour after the time appointed for the
commencement of the meeting, the meeting shall be
adjourned to the same day in the next week at the same
time and place or the President or the Vice President with
the consent of a majority of the members present in person
may fix some other time and/or place for the adjourned
meeting and notice of such time or place shall be required
to be given to the members AND if at the adjourned
meeting a quorum is not present within 45 minutes after the
time appointed for the commencement of the meeting,
the members present shall form a quorum. At the
adjourned meeting no business other than the original
agenda for the same can be included.

11.1.4. Notice

i. A minimum of 14 days’ notice in writing shall be given to

all the members by the Secretary indicating the date,
time, place and agenda of the meeting.

38
11.2 NEC Meetings
11.2.1 The National Executive Committee shall meet to transact
business at least once every three months. The venue
should be on a rotational basis from division to division.
11.2.2 There shall be an Annual General Conference which the
Secretary General shall, after consultation with the
Executive committee, convene not later than the end of
April of each year after giving fourteen (14) days’ written
notice to the members.
11.2.3 A notice in writing of the meeting shall be circulated
together with the agenda at least five days prior to the
meeting. However, emergency or special meetings may be
called at a shorter notice. The agenda of such meeting shall
be determined by the President and the Secretary.
11.2.4 Quorum
i. The quorum required for the meeting shall be two thirds of
the elected members of the Executive Committee. If, within
one hour from the time appointed for the meeting of
the Executive Committee, there is no quorum, the meeting
shall be adjourned.

Article 12: Finances and audit

12.1 The Association funds shall derive from the following sources:
i. Membership fees
ii. Contributions from Schools, Institutions and Government

39
 iii. Annual subscriptions by members
iv. Proceeds from sales of publications
v. Grants from Governments and other bodies
vi. Income from investments
vii. Donations and gifts
viii. Sales and services
ix. Fundraising and
x. Any other sources agreed upon by the Executive
committee and/or General Conferences
12.2 Membership and subscription fees
12.2.1 Membership fees:
i. Every ordinary Member of the Association shall pay a
membership fee on first joining the Association.
12.2.2 Annual Subscription
i. Every ordinary member of the Association shall pay an
annual subscription of fifteen thousand kwacha
(MK15000) which will be deposited into the Association’s
bank account
12.2.3 No Ordinary member shall exercise or be permitted to
exercise the rights herein granted unless he/she has paid the
membership fee which will be payable once as well as the
annual subscription fees which shall be payable on or before
the 31st day of September of each year.

40
12.2.4 Ex – Officio and Honorary members shall not be required to
pay any dues whatsoever to the Association but they make
voluntary contributions thereto if they so wish.
The Annual Membership fee shall be determined by a National
General Conference from time to time.
12.2.5 And it is hereby declared that the Association shall, through
its General Conference, be competent to vary membership
and subscription fees as it may think fit. The signatories to the
accounts of the conference shall be the National President,
The National Treasurer and/ or the National Secretary.
12.2.6 Bank Account
i. All monies collected or received by the Treasurer on
account of the Association shall normally be deposited
into a bank account or bank accounts in the name of
the Association operated at the bank or banks duly
agreed upon by the General Conference. No money
shall be used at source.
12.2.7 Authorized signatures
i. Every instrument of drawing any money whatsoever from
any account opened under clause 18.3 of this Article
shall be signed by any two of the following: Treasurer, the
General Secretary and the President.
12.2.8 Out – of – pocket Expenses
i. The officers of the Association shall not be entitled to any
payments from Association monies as such officers; but

41
 they shall be entitled to be reimbursed for out – of pocket
expenses incurred in the course of executing their duties
as such

12.2.9 Authorized Expenditure

i. The monies and other resources of the Association shall
be expended only on activities approved by the
Executive Committee or a General Conference and
deemed to be in the best interest of the Association

12.3 Auditing
i. The Executive Committee shall, from time to time appoint an
auditor.
ii. The auditor shall audit the books of accounts of the
Association and independently thereon to the Annual General
Conference. The Treasurer and the entire executive
committee shall cooperate fully with the auditor.
12.4 Funding of the Secretariat:
12.4.1 The sources of funds for the activities of the Association shall
be, but not limited to, as follows: -

i. Individual Principals’ monthly subscriptions

ii. Sponsors, donors, exhibitions
iii. Branch Annual Subscriptions
iv. Return on investments

42
12.5 Bank Account:
i. The funds of the Association shall be managed in a diligent
and transparent manner; for which reason the Association
shall open, and operate, bank accounts, in its own name,
with reputable banks to be managed, on its behalf, by the
President, Treasurer, Secretary and National Program
Coordinator of the NEC as signatories. All monies meant for
the benefit of the Association shall be banked in the said
accounts; and all the withdrawals there from shall require
two signatures, one of them being that of the President.

12.6 Funds of the Association:

12.6.1 The funds of the Association may only be used for the
following purposes:

i. For running the office and implementing and furthering the

objects of the Association.

ii. For paying travel and subsistence allowances to members

National Committee, which shall mean and include sub-
committee, meetings.

iii. Annual support of divisional programmes and activities.

iv. For such other purposes as may be decided at the general
or committee meetings.

43
 12.6.2 All monies and funds shall be received by, and paid to the
Treasurer and shall be deposited by him in the name of the
Association in any bank or banks approved by the Committee.

12.6.3 The Committee here in referred to as N.E.C shall have the

power to approach reputable institutions and banks to source
and borrow funds to assist in the running of the Association. This
shall only be approved by the National Executive Committee.

12.6.4 Payments out of the bank or accounts of the Association

will be made by the authorized officers of the Association and
all cheques shall be signed by the President and any one of
the following: The Secretary, Treasurer General, or The
National Program Coordinator

12.6.5 The Committee shall have power to suspend any office

bearer who it has reasonable cause to believe is not properly
accounting for any funds or property of the Association and
shall have power to appoint another person in his or her place.
Such suspension and appointment shall be reported to the
next NEC. In case of any changes of the office the Committee
shall have powers to appoint another person.

12.7 Auditor
12.7.1 shall be appointed for the following year by the Annual
General Conference.
12.7.2 The Auditor must be a fully subscribing member of the
Institute of Certified Public Accountants of Malawi.

44
12.7.3 All the accounts, records and documents shall be open for
the inspection of the Auditor at any time.
12.7.4 The Treasurer shall produce an account of receipts and
payments and a statement of assets and liabilities made up
to 30th June.
12.7.5 The Auditor shall not be an office bearer or a member of the
Executive Committee.

12.8 Audit of Accounts

12.8.1 The General Conference or the Special General
Conference shall appoint an Auditor to audit the
Association’s Accounts.
12.8.2 All the Associations Accounts, records and documents
shall be open to the inspection of the auditor at any time.
12.8.3 The Treasurer shall produce an account of his/her receipts
and payments of assets and liabilities made up to date
which shall not be less than three weeks and not more
than three months before the date of the Annual General
Conference.
12.8.4 The auditor or auditors, shall examine the Annual Accounts
and statements and either certify that they are correct,
duly vouched and in accordance with the law, or report
to the Association in what respect they are found to be
incorrect, un-vouched or not in accordance with the law.

45
 12.8.5 A copy of the auditors’ report on the accounts and
statements together with such Accounts and statements
shall be furnished to all members at the same time as the
notice convening the Annual General Conference is sent
out.
12.8.6 An auditor may be paid such honorarium for his duties as
may be resolved by the Annual General Conference
appointing him/her.
12.8.7 No auditor shall be an office bearer or a member of the
Committee of the Association.
12.8.8 The National Executive Committee and the Divisional
Committees have powers to institute investigations in the
management of finances, assets and resources of the
Association.

Article 13: Board of trustees and property

13.1 There shall be a Board of trustees of the Association whose

number shall not be less than three and not more than five.
13.2 Eligibility for election as trustee
i. A member who is aged 45 years and above, has been a
Secondary School Head Teacher in Malawi and a regular
member in the Association for at least five years, is a reputable
professional person of sound mind and dedicated to
objectives of Association, and who has not been convicted of

46
 any criminal offence by the Courts of Malawi, shall be eligible
to be elected as a Trustee.
13.3 Vacate office
A trustee shall vacate office if he/she:
i. dies
ii. resigns
iii. becomes bankrupt
iv. is found to be of unsound mind
v. is found guilty or convicted of theft or related offence
by a competent court of law
vi. is found to have conducted himself/herself in such a
way that the opinion of the Trustees renders him/her
unsuitable to hold the office of the Trustee
13.4 Occurrence of a vacancy
i. Upon the occurrence of a vacancy in the number of
Trustees, the remaining Trustees shall at their next
meeting appoint another person as a Trustee
ii. A Trustee who is dismissed as a head teacher of a
secondary school or whose membership to the
association has been terminated shall be deemed to
have vacated his or her office

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13.5 Tenure of office

i. A Trustee shall hold office for five years from the date of his
election unless he shall have resigned his office in writing
before the expiry of consecutive five years term or
has been removed there from by the Association members
in a General Conference by a majority of at least two-
thirds of the members voting at the meeting. A Trustee
elected to replace the one who has resigned or been
removed, shall hold office only for the remaining period of
the term of his predecessor. Notwithstanding the above, it
is desired that at least one Trustee out of three a female.

13.6 Election of Chairperson

i. There shall be a Chairperson of the Board of Trustees
appointed annually by the Trustees from amongst
themselves. The Chairperson shall preside over all Board
Meetings and in the absence of the Chairperson; the
Trustees present at the Meeting shall elect an acting
Chairperson from amongst themselves.

13.7 Trust property

13.7.1 All immovable properties of the Association and any

other properties entrusted to the Association shall be

48
 vested in the Board of Trustees and they shall not without
the previous sanction given by a resolution approved by
at least two - third of the total members voting at a
General Conference specially called for that purpose sell,
exchange, mortgage or lease or otherwise deal with or
dispose of any property.
13.7.2 All documents of Title relating to land, buildings and any
other immovable properties vested in the Board of Trustees
shall remain in the custody of the Bank/National Executive
Committee. Those documents shall be accessible only if a
minimum of 2 (two) Members of the Executive Committee
jointly with a minimum 2 (two) Members of the Board of
Trustees approach the Bank/National Executive Secretary.
13.7.3 The trustees shall manage the properties of the
Association in accordance with the law and the provisions
of this Constitution, and subject thereto shall manage the
same and act in all matters relating thereto in consultation
with the National Executive Committee and General
Assembly.

Article 14: The legal advisor

14.1 A legal advisor shall be appointed for the following year by the
Annual General Conference. The Legal Advisor must be an
enrolled Advocate of the High Court of Malawi. All the records

49
 and documents shall be open for the inspection of the Legal
advisor at any time. The President and Secretary shall produce
all the records and documents made up to 30th June of the
preceding year.

14.2 The Legal Advisor shall not be an office bearer or a member of

the Executive Committee of the Associations.

Article 15: The By-laws

15.1 The National Executive Committee shall be mandated to make

By-laws under this Constitution embodying additional
provisions for the proper management of the Association and
shall be annexed to the Constitution

Article 16: The Common seal

16.1 The Trustees shall provide a common seal

16.2 The seal shall be kept in the safe custody of the Secretary
General of the National Executive Committee and shall be
affixed on all legal documents of the Association in the
presence of the Executive Committee President and only
with the authority of the Trustees.

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Article 17: Amendments to the constitution

17.1 The Constitution may be amended by way of a resolution

of the NEC after due consultation with divisional members.
17.2 No proposed amendment shall be considered unless at
least thirty (30) days’ notice prior to the AGC has been
given to the President.
17.3 Such notice shall be forwarded to all representatives on
the NEC at least two weeks prior to the meeting at which it
is to be considered and after due consultation with
divisional members.
17.4 Any such amendment shall require a two-thirds majority
vote of the NEC.

Article 18: Dissolutions

18.1 The Association shall not be dissolved except with the

consent of at least three quarters of all paid up members
present at a General Conference or Special General
Conference by means of a secret vote
18.2 In the event of the Association being dissolved all debt
and liabilities legally incurred on behalf of the Association
shall be fully discharged and the remaining funds divided
among the members in proportion to each member's fee
in that year.

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18.3 Any tangible property or assets of the Association (not
being cash) shall be sold by auction open to members
and proceeds there from distributed in accordance with
Article 17.2

Article 19: Interpretation

The interpretation of the Constitution shall be determined by the National
Executive Committee.

MASSHA NATIONAL PRESIDENT MASSHA SECRETARY GENERAL

Pascal Chitundu Hartley Kalua

52
Annexe
A.1 Functions of the Student Council
Its functions shall be to:
i. Foster cooperation in the management of schools
ii. Enhance and maintain discipline among students in
schools
A.2 Structure of Student Council
The Council shall be composed of the following:
i. Chairperson
ii. Vice Chairperson
iii. Secretary
iv. Vice Secretary
v. Director of Academic Affairs
vi. Director of Sports
vii. Director of Environmental Affairs
viii. Director of Welfare
ix. Director of Inclusive Education
x. Events Organizing Secretary
A.3 Duties of office bearers in the Council
The following shall be their duties
A.3.1 The Chairperson
The Chairperson shall

i. be the executive head of the Council

ii. supervise all office bearers in the council
iii. preside over all meetings of the Council

53
 iv. act as a link between students and members of staff
v. liaise with other students and lead in enhancing
discipline among students in the school

7.3.2 Vice Chairperson

The Vice Chairperson shall

i. assist the Chairperson

ii. act as Chairperson in the absence of the Chairperson

7.3.3 The Secretary

The Secretary shall

i. organize all council meetings in consultation with the

chairperson
ii. take down minutes during meetings

7.3.4 Vice Secretary

The Vice Secretary shall

i. assist the Secretary

ii. act as Secretary in the absence of the Secretary

7.3.5 Director of Academic Affairs

The Director of Academic Affairs shall

7.3.5.1 Be responsible for all academic matters such as

i. ensuring that teaching and learning is taking place at

the school

54
 ii. ensuring that facilities at the school such as library,
laboratory, furniture inter alia are accessible and well
utilized.

7.3.6 Director of Sports

The Director of Sports shall

i. Organize all forms of sporting activities for the

students

7.3.7 Director of Environmental Affairs

The Director of Environmental Affairs shall

i. be responsible for general cleanliness of school

premise
ii. work hand in hand with duty officers

7.3.8 Director of Students’ Welfare and Special Needs

The Director of Students’ Social Welfare shall

a. take care of the welfare and needs of other students

b. ensure that

7.3.9 Director of Inclusive Education

i. ensure that students with Special Education Needs
have access to all facilities and their welfare is
considered

7.3.9 Events Organizing Secretary

The Events Organizing Secretary shall
55
i. organize all events and activities such as
entertainment and sports, taking place at the
institution

56