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

Chapter 7A : South African Institute for Vocational and Continuing Education and Training

43G. Appointment of administrator

 

(1) Notwithstanding any other provision of this Act, the Minister may, after consultation with the board if practicable, appoint a person as administrator to take over the governance, management and administration of the Institute and to perform the functions of the Institute if any one of or if any combination of or if all of the following circumstances occur:
(a) An audit of the accounts, financial statements and records of the Institute or a report by a Ministerial Committee reveals financial or other maladministration of a serious nature or the serious undermining of the effective functioning of the Institute;
(b) any other circumstances arise that reveals financial or other maladministration of a serious nature or the serious undermining of the effective functioning of the Institute; or
(c) the board requests such appointment.

 

(2) The Minister may act in terms of subsection (1)(a) or (b) only if the appointment of an administrator is in the interests of the Institute and continuing education and training in an open and democratic society.

 

(3)
(a) The Minister appoints an administrator in terms of subsection (1) 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 43G inserted by section 15 of Act No. 1 of 2013]