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Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)

Chapter 5 : Funding of Public Colleges

26. Failure of council to comply with Act or certain conditions

 

(1) If the management staff or council of a public college fails to comply with any provision of this Act under which an allocation from money appropriated by the provincial legislature is paid to the college, or with any condition subject to which any allocation is paid to the public college, the Member of the Executive Council may call upon the management staff or council to comply with the provision or condition within a specified period.

 

(2) If the management staff or council thereafter fails to comply with the provision or condition timeously, the Member of the Executive Council may withhold payment of any portion of any allocation appropriated by the provincial legislature in respect of the public college concerned.

 

(3) Before taking action under subsection (2), the Member of the Executive Council must—
(a) give notice to the management staff or council of the public college concerned of the intention so to act;
(b) give such management staff or council a reasonable opportunity to make representations; and
(c) consider such representations.

 

(4) If the Member of the Executive Council acts under subsection (2), a report regarding the action must be tabled in the provincial legislature by the Member of the Executive Council as soon as reasonably practical after the action.