| (1) | The Minister must, after consulting the CHE and with the concurrence of the Minister of Finance, determine the policy on the funding of public higher education, which must include appropriate measures for the redress of past inequalities, and publish such policy by notice in the Gazette. |
| (2) | The Minister must, subject to the policy determined in terms of subsection (1), allocate public funds to public higher education on a fair and transparent basis. |
| (3) | The Minister may, subject to the policy determined in terms of subsection (1), impose— |
| (a) | any reasonable condition in respect of an allocation contemplated in subsection (2); and |
| (b) | different conditions in respect of different public higher education institutions, different instructional programmed or different allocations, if there is a reasonable basis for such differentiation. |
| (3A) | If the council of a public higher education institution fails to comply with any— |
| (a) | provision of this Act under which an allocation from money appropriated by Parliament is paid to the institution; or |
| (b) | condition subject to which any such allocation is paid to such institution, the Minister may in writing request such council to comply with the provision or condition within a specified period. |
[Section 39(3A) inserted section 12 of Notice No. 21, GG 40548, dated 17 January 2017]
| (3B) | If such council thereafter fails to comply with the provision or condition within the specified period as contemplated in subsection (3A), the Minister— |
| (a) | may withhold payment of any commensurate portion of any allocation appropriated by Parliament in respect of the public higher education institution concerned; and |
| (b) | must in writing inform the council concerned of his decision. |
[Section 39(3B) inserted section 12 of Notice No. 21, GG 40548, dated 17 January 2017]
| (3C) | Before acting under subsection (3B), the Minister must— |
| (a) | give notice in writing to the council of the public higher education institution concerned of the intention so to act; |
| (b) | give such council a reasonable opportunity to make representations; and |
| (c) | consider such representations. |
[Section 39(3C) inserted section 12 of Notice No. 21, GG 40548, dated 17 January 2017]
| (3D) | The Minister must table a report in Parliament, regarding any action taken under subsection (3B), within a period of 30 days of the action. |
[Section 39(3D) inserted section 12 of Notice No. 21, GG 40548, dated 17 January 2017]
| (4) | The policy referred to in subsection (1) may discriminate in a fair manner between students who are not citizens or permanent residents of the Republic and students who are citizens or permanent residents of the Republic. |
[Section 39(4) inserted by section 4 of Act No. 55 of 1999]
