| (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). |
| (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]
