| (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 |
[Paragraph (c) substituted by section 29(a) of Act No. 3 of 2012]
[Subsection (1) amended by section 29(a) of Act No. 3 of 2012]
| (2) | The person appointed in terms of subsection (1) must, in terms of the terms of reference specified by the Minister— |
| (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 Minister the findings of his or her investigation; and |
[Subparagraph (i) substituted by section 29(c) of Act No. 3 of 2012]
| (ii) | suggest appropriate measures to resolve the matter. |
[Subsection (2) amended by section 29(b) of Act No. 3 of 2012]
| (3) | The Minister must as soon as practicable furnish a copy of the report referred to in subsection (2) to the council concerned. |
[Subsection (3) substituted by section 29(d) of Act No. 3 of 2012]
| (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 Minister may, after consultation with 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 Minister, which period may not exceed two years. |
[Subsection (4) substituted by section 29(d) of Act No. 3 of 2012]
| (5) | The Minister may extend the period referred to in subsection (4) once for a further period not exceeding six months. |
[Subsection (5) substituted by section 29(d) of Act No. 3 of 2012]
| (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. |
