| 1) | The Minister may direct the Agency to take any action specified by the Minister if the Agency- |
| a) | is in financial difficulty 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 under this Act; |
| d) | has failed to comply with any law; |
| e) | has failed to comply with any directive given by the Minister under this Act; 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 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) | If the Agency fails to remedy the situation within the stated period, the Minister may- |
| a) | after having given the Agency a reasonable opportunity to be heard; and |
| b) | after having afforded the Agency a hearing on any submissions received, |
replace the members of the Board or, where circumstances so require, appoint a person as an administrator who shall take over the relevant function of the Agency until the members of the Board have been replaced.
| 4) | If the Minister appoints an administrator to take over a function of the Agency in terms of subsection (3)- |
| a) | the administrator may do anything which the Agency might otherwise be empowered or required to do by or under this Act, to the exclusion of the Agency; |
| b) | the Board may not, while the administrator is responsible for that function, exercise any of its powers or perform any of its duties relating to that function; |
| c) | an employee or a contractor of the Agency must comply with a directive given by administrator. |
| 5) | Once the Minister is satisfied that the Agency is once more able to perform its functions effectively, the Minister must terminate the appointment of the administrator. |
| 6) | The costs associated with the appointment of an administrator shall be for the account of the Agency. |
