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Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)

Chapter 7A : South African Institute for Vocational and Continuing Education and Training

43F. Intervention by Minister

 

(1) The Minister may issue a directive to the board to take such action specified by the Minister if the Institute—
(a) is involved in financial impropriety or is being otherwise mismanaged;
(b) is unable to perform its functions effectively due to dissension among board members;
(c) has acted unfairly or in a discriminatory or inequitable way towards a person to whom it owes a duty in terms of this Act;
(d) has failed to comply with any law;
(e) has failed to comply with any directive given by the Minister in terms this Act; or
(f) has obstructed the Minister or a person authorised by the Minister from performing a function in terms of this Act.

 

(2) A directive contemplated in subsection (1) must state—
(a) the nature of the deficiency;
(b) the steps which must be taken to remedy the situation; and
(c) a reasonable period within which the steps contemplated in paragraph (b) must be taken.

 

(3) Before making a decision in terms of subsection (1), the Minister must, subject to the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2002)—
(a) give notice to the board of the intention to issue a directive;
(b) give the board a reasonable opportunity to make representations; and
(c) consider the representations contemplated in paragraph (b).

 

(4)
(a) If the board fails to comply with a directive within the stated period, the Minister must dissolve the board and appoint an administrator to take over the finances of the board.
(b) For the purposes of paragraph (a), sections 43G, 43H and 43I apply with the changes required by the context.

 

(5) If the Minister appoints an administrator in terms of subsection (4), the administrator may perform all the functions of the Institute and an employee of the Institute must comply with a directive given by the administrator.

 

(6) The costs associated with the appointment of an administrator shall be for the account of the Institute.

 

[Section 43F inserted by section 15 of Act No. 1 of 2013]