| (1) | Notwithstanding any other provision of this Act, the Minister may appoint a person as administrator, if any of the following circumstances occur: |
| (a) | An audit of the financial records of a public higher education institution or a report by an independent assessor or any other report or information reveals financial or other maladministration of a serious nature or serious undermining of the effective functioning of the public higher education institution; |
| (c) | the council of the public higher education institution requests such appointment; or |
| (d) | if the council of the public higher education institution is deemed to have resigned as contemplated in section 27(8). |
[Section 49B(1) substituted by section 25(a) of Notice No. 21, GG 40548, dated 17 January 2017]
| (1A) | The Minister must, before making an appointment under subsection (1) on the grounds listed in section 1(a) or (b)— |
| (a) | give written notice that complies with section 42(3) to the council of the higher education institution concerned of his or her intention to make such an appointment; |
| (b) | provide the council of the higher education institution concerned with the reasons for the appointment; |
| (c) | give the council of the higher education institution a reasonable opportunity to make written representations; and |
| (d) | consider the representations contemplated in paragraph (c). |
[Section 49B(1A) inserted by section 25(b) of Notice No. 21, GG 40548, dated 17 January 2017]
| (2) | The Minister may only act in terms of subsection (1)(a) or (b) if he or she has reason to believe that the appointment of an administrator is in the interest of the public higher education institution in question and of higher education in an open and democratic society. |
[Section 49B(2) substituted by section 25(c) of Notice No. 21, GG 40548, dated 17 January 2017]
(3)
| (a) | The Minister appoints an administrator for such period as may be determined by the Minister but such period may not exceed two years. |
| (b) | The Minister may extend the period contemplated in paragraph (a) once for a period not exceeding six months. |
[Section 49B inserted by section 11 of Act No. 23 of 2012]
