[Section 42 heading substituted by section 16 of Notice No. 21, GG 40548, dated 17 January 2017]
| (1) | The Minister may issue a directive to the council of a public higher education institution if the Minister, after having complied with the provisions of subsection (3), has reasonable grounds to believe that the Council or the management of that public higher education institution— |
| (a) | is involved in financial impropriety or the public higher education institution is being otherwise mismanaged; |
| (b) | is unable to perform its functions effectively; |
| (c) | has acted in an unfair, discriminatory or wrongful manner towards a person to whom it owes a duty under this Act or any other law; |
| (d) | has failed to comply with any law; |
| (e) | has failed to comply with any directive given by the Minister in terms of section 39; or |
| (f) | has obstructed the Minister or a person authorised by the Minister in performing a function in terms of this Act. |
| (2) | A directive contemplated in subsection (1) must state— |
| (a) | the nature and extent of the deficiency; |
| (b) | the negative impact of the deficiency on the institution and or higher education in an open and democratic society; |
| (c) | the steps which should be taken to remedy the situation; |
| (d) | a reasonable period within which the steps contemplated in subparagraph (c) or any other steps contemplated by the higher education institution and approved by the Minister, must be taken; and |
| (e) | the manner in which the council of the public higher education institution concerned must provide written information to the Minister in respect of compliance with the directive. |
| (3) | Before making a decision under subsection (1), the Minister must— |
| (a) | give notice to the council of the intention to issue a directive; |
| (b) | provide the council with the reasons for the intended directive; |
| (c) | give the council a reasonable opportunity to make representations; and |
| (d) | consider the representations contemplated in paragraph (c). |
| (4) | In the event that the Minister has reasonable grounds to believe that the council of the public higher education institution concerned has failed to comply with the directive contemplated in this section within the stated period, or the steps taken, fail to remedy the deficiency within a reasonable period of time, the Minister may, depending on the circumstances— |
| (b) | appoint an administrator in accordance with section 49B; or |
| (c) | take any other appropriate action allowed by this Act or any other law. |
[Section 42 substituted by section 16 of Notice No. 21, GG 40548, dated 17 January 2017]
