| (a) |
circumstances arise at the college that— |
| (i) |
involve financial or other maladministration of a serious nature; or |
| (ii) |
seriously undermine the effective functioning of the college; and |
| (b) |
the council of the college has failed to resolve such circumstances; and |
| (c) |
the appointment is in the interests of continuing education and training in an open and democratic society. |
[Paragraph (c) amended by section 17 of Act No. 1 of 2013]
| (2) |
The person appointed in terms of subsection (1) must, in terms of the terms of reference specified by the Member of the Executive Council— |
| (a) |
within 30 days of his or her appointment, conduct an investigation at the public college in question; and |
| (b) |
within 60 days after his or her appointment— |
| (i) |
report in writing to the Member of the Executive Council the findings of his or her investigation; and |
| (ii) |
suggest appropriate measures to resolve the matter. |
| (3) |
The Member of the Executive Council must as soon as practicable furnish a copy of the report referred to in subsection (2) to the council concerned. |
| (4) |
If an audit of the financial records of a public college, or an investigation by the person as contemplated in subsection (1), reveals financial or other maladministration of a serious nature at a public college or the serious undermining of the effective functioning of a public college, the Member of Executive Council may, after consultation with the Minister and the council of the public college concerned, if practicable, and despite any other provision of this Act, appoint a person as administrator to take over the authority of the council or the management of the college and such person may perform all the functions relating to governance or management on behalf of the college for a period determined by the Member of the Executive Council, which period may not exceed two years. |
| (5) |
The Member of the Executive Council may extend the period referred to in subsection (4) once for a further period not exceeding six months. |
| (6) |
If an administrator is appointed in terms of subsection (4), the council is deemed to have resigned and the administrator must— |
| (a) |
take over the authority of the council; |
| (b) |
perform the council’s functions relating to governance; and |
| (c) |
ensure that a new council is constituted. |
Statistics Act, 1999
