Presidential Order establishing Rwanda Basic Education Board

Citation
Presidential Order 122 of 2020
Date
15 October 2020
Language
English
Type
Legislation
Rwanda

Presidential Order establishing Rwanda Basic Education Board

Presidential Order 122 of 2020

We, KAGAME Paul,President of the Republic;Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 112, 121, 122, 139, 165 and 176;Pursuant to Organic Law n° 001/2020.OL of 08/06/2020 establishing general provisions governing public institutions, especially in Article 4;On proposal by the Minister of Public Service and Labour;After consideration and approval by the Cabinet, in its meeting of 14/08/2020;HAVE ORDERED AND ORDER:

Chapter One
General provisions

Article One – Purpose of this Order

This Order establishes Rwanda Basic Education Board. It also determines its mission, responsibilities, organisation and functioning.

Article 2 – Establishment

Rwanda Basic Education Board, abbreviated as “REB” is established.

Article 3 – Head Office

The head Office of REB is located in the City of Kigali. It may be relocated elsewhere on the Rwandan territory.In order to fulfil its responsibilities, REB may have branches within the Country upon approval by it supervising Authority.

Article 4 – Category

REB is a non-commercial public institution.

Chapter II
Mission and responsibilities

Article 5 – Mission

The primary mission of REB is to promote the quality of education in basic, specialised and adult schools.

Article 6 – Responsibilities

REB has the following main responsibilities:1°to prepare and distribute curricula, teaching materials, teacher’s guides, methodologies and establish teaching methods for nursery, primary, secondary, specialised schools and adult literacy schools;2°to establish and monitor the E-learning program in basic education;3°to promote the use of information and communication technology in basic education;4°to coordinate programs and activities to ensure teachers development, build their capacities and monitor their management;5°to contribute to the development of education policy;6°to coordinate and fast track basic education programmes and activities aimed at providing to all categories of Rwandans the quality education;7°to advise Government on all activities which may fast track basic education development in Rwanda.

Chapter III
Organisation and functioning

Article 7 – Supervising authority of REB

REB is supervised by the Ministry in charge of education.

Article 8 – Management organs

The management organs of REB are as follows:1ºthe Board of Directors;2ºthe Executive Organ.

Section One – Board of Directors

Article 9 – Composition of the Board of Directors and their term of office

The Board of Directors of REB is composed of seven (7) members.Members of the Board of Directors serve a term of office of five (5) years renewable once.

Article 10 – Additional responsibilities of the Board of Directors

Subject to the provisions of Organic Law establishing general provisions governing public institutions, the Board of Directors of REB has the following additional responsibilities:1ºto conclude a performance contract with the supervising authority of REB and make follow up on its execution;2ºto approve the draft budget proposal of REB and make a follow-up on the budget execution;3ºto approve activity report, use of property and financial report for the previous year;4ºto approve the draft organisational structure of REB;5ºto submit a quarterly and annual report to the supervising authority of REB.

Article 11 – Powers of the Board of Directors

The Board of Directors of REB is the supreme management and decision-making organ. It is invested with extensive powers to make decisions regarding administration, human resources and the property of REB in accordance with laws.

Article 12 – Reasons for loss of membership in the Board of Directors and modalities for replacement

A member of the Board of Directors of REB loses membership when:1ºhis or her term of office expires;2ºhe or she resigns in writing;3ºhe or she is no longer able to perform his or her duties due to illness or disability;4ºhe or she is sentenced to a term of imprisonment equal to or exceeding six (6) months in a final judgment;5ºhe or she is absent in meetings for three (3) consecutive times without valid reasons;6ºhe or she manifests any behavior likely to compromise his or her dignity, that of his or her work or his or her position;7ºhe or she jeopardises the interests of REB;8ºhe or she is convicted of the crime of genocide or genocide ideology;9ºhe or she no longer fulfils the requirements considered at the time of his or her appointment;10ºhe or she dies.In case a member of the Board of Directors of REB leaves his or her duties before the expiration of his or her term of office, the competent authority appoints his or her substitute to complete his or her predecessor’s term of office.

Article 13 – Duties of the Chairperson of the Board of Directors

The Chairperson of the Board of Directors of REB has the following duties:1ºto chair the Board of Directors and coordinate its activities;2ºto convene and preside over meetings of the Board of Directors;3ºto submit to the supervising authority of REB the minutes of meetings of the Board of Directors;4ºto submit the reports of REB to relevant organs as approved by the Board of Directors;5ºto make a follow up on the implementation of the resolutions of the Board of Directors;6ºto perform any other duty as may be assigned by the Board of Directors falling within its responsibilities.

Article 14 – Duties of the Deputy Chairperson of the Board of Directors

The Deputy Chairperson of the Board of Directors of REB has the following duties:1°to assist the Chairperson and replace him or her in case of absence;2°to perform any other duty as may be assigned by the Board of Directors falling within its responsibilities.

Article 15 – Convening and holding of meeting of the Board of Directors and modalities for decision-making

The meeting of the Board of Directors of REB is held once a quarter and whenever necessary, upon invitation by its Chairperson or Deputy Chairperson in case of absence of its Chairperson, at their own initiative or upon request in writing by at least one third (1/3) of its members.The invitation is submitted in writing to the members of the Board of Directors at least fifteen (15) days before the meeting is held.However, an extraordinary meeting is convened in writing not less than three (3) days before the meeting is held.Items to be considered by the Board of Directors in the first quarter of the year include the approval of the financial and activity reports of the previous year.In every quarter, the Board of Directors of REB examines the financial and activity reports relating to the previous quarter and submits them to the supervising authority of REB.The quorum for a meeting of the Board of Directors is two thirds (2/3) of its members.However, when a meeting is convened for the second time, it takes place regardless of the number of members present.The Director General of REB attends meetings of the Board of Directors.Modalities for decision-making by the Board of Directors are determined by internal rules and regulations of REB.

Article 16 – Invitation of a resource person to the meeting of the Board of Directors

The Board of Directors of REB may invite in its meeting any person from whom it may seek advice on a certain item on the agenda.The invited person is not allowed either to vote or to follow debates on other items on the agenda.

Article 17 – Approval of resolutions and minutes of the meeting of the Board of Directors

A document of resolutions of the meeting of the Board of Directors of REB is signed by its members immediately after the end of the meeting, and a copy thereof is sent to the supervising authority of REB within five (5) days.The head of the supervising authority of REB gives his or her views on the resolutions of the meeting of the Board of Directors within fifteen (15) days from receipt thereof. If this period expires before giving his or her views, those resolutions are considered definitively approved.The minutes of the meeting of the Board of Directors of REB are signed by the Chairperson and its rapporteur and approved during the next meeting. A copy of minutes of the meeting is sent to the supervising authority of REB within fifteen (15) days from the date of approval.

Article 18 – Rapporteur of the meeting of the Board of Directors

The Director General of REB serves as the rapporteur of the meeting of the Board of Directors but he or she has no right to vote in decision making.The Director General of REB does not participate in the meetings that make decisions on issues that concern him or her. In that case, members of the Board of Directors at the meeting elect among themselves a rapporteur.

Article 19 – Personal interest in issues on the agenda

A member of the Board of Directors of REB who has a direct or indirect interest in the issue to be considered informs immediately the Board of Directors about where that interest lies.A member of the Board of Directors who disclosed his or her interest in the issue to be considered cannot attend the meeting deliberating on that issue.When it happens that many or all members of the Board of Directors have a direct or indirect interest in the issues to be considered in such a way that it is impossible to take decision on the issues, the issues are submitted to the supervising authority of REB to decide thereon within thirty (30) days.

Section 2 – Executive Organ

Article 20 – Composition of the Executive Organ

The Executive Organ of REB is comprised of Director General. It may also have a Deputy Directors General when considered necessary.

Article 21 – Additional responsibilities of the Executive Organ

Subject to the provisions of Organic Law establishing general provisions governing public institutions, the Executive Organ of REB has the following additional responsibilities:1ºto monitor and coordinate daily activities of REB;2ºto perform any other duty as may be assigned by the Board of Directors falling within the responsibilities of REB.

Article 22 – Powers and duties of the Director General

The Director General of REB has the power of decision making in the administrative and financial management of REB in accordance with relevant laws. He or she coordinates and directs the activities of REB.Specifically, the Director General has the following duties:1ºto make a follow-up on the daily activities of REB, human resources management and the use of the budget;2ºto serve as the legal representative of REB and publicise its activities;3ºto serve as the spokesperson of REB;4ºto implement the resolutions of the Board of Directors of REB;5ºto ensure the management of equipment and property of REB and submit related report to the Board of Directors;6ºto prepare the action plan and activity report;7ºto prepare the draft internal rules and regulations of REB;8ºto prepare the draft action plan and draft budget proposal of REB;9ºto ensure the execution of the budget and management of the property of REB;10ºto attend the meetings of the Board of Directors and act as rapporteur;11ºto perform other duty as may be assigned by the Board of Directors falling within his or her responsibilities.

Chapter IV
Property and finance

Article 23 – Property and its sources

The property of REB is comprised of movable and immovable assets.The property of REB comes from the following sources:1ºState budget allocations;2ºState and development partners’ subsidies;3ºincome from services rendered;4ºinterests from its property;5ºloans granted to REB as approved by the Minister in charge of finance;6ºdonations and bequests.

Article 24 – Budget

REB prepares its annual budget to be adopted by the relevant authority.

Article 25 – Use, management and audit of the property of REB

The use, management and audit of the property of REB are carried out in accordance with relevant laws.The internal audit service of REB submits its report to the Board of Directors of REB and gives a copy to the Director General of REB.The Office of the Auditor General of State Finances carries out audit of the management and use of the finance and property of REB.

Article 26 – Annual financial Report

Within three (3) months following the closure of the financial year, the Director General of REB submits the annual financial statements to the supervising authority of REB after their approval by the Board of Directors in accordance with laws governing management of State finance and property.

Chapter V
Final provisions

Article 27 – Authorities responsible for the implementation of this Order

The Prime Minister, the Minister of Public Service and Labour, the Minister of Infrastructure and the Minister of Finance and Economic Planning are entrusted with the implementation of this Order.

Article 28 – Repealing provisions

All prior provisions contrary to this order are repealed.

Article 29 – Commencement

This order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

15 October 2020 this version
Assented to
Commenced