Hon Deputy Speaker, Ministers and members of the House, I must indicate that there are very important interventions that have been introduced by this Bill, which we processed on 13 September this year. Members of the committee across the political spectrum were in agreement with this Bill, including the DA. The only concern that was raised by Dr Kloppers-Lourens was that perhaps section 23 of the National Student Financial Aid Scheme Act should be retained. I think she will be happy to know that the NSFAS, like any other institution, is entitled to recoup any monies through the National Credit Act. So, there is no need specifically for this section to be retained as it stands, particularly in the light of very considered views of legal experts that it may not pass constitutional muster.
The Bill further amends the principal Act, particularly section 34. It does so by introducing a legal duty with regard to the employees of our public institutions of higher education, members of councils and even members of council committees - which may also include SRC members who might serve on tender boards because, I assume, those are also committees of council - which precludes them, in terms of this section, from entering into business transactions with universities to which they are attached. We believe this will ensure greater accountability in the institutions.
The little amendment which we introduced in this respect was to avert absolute prohibition and to permit only transactions in which, for instance, a professor would provide a unique product, such as a book, which may not be produced by any other person, as a sole provider. It was members of the ANC, IFP and Azapo who were radical on this aspect. The DA was very half-hearted about introducing the question of controlling conflict of interest between members of council and the institutions. I know why. It is because most of their members are actually working at these universities. So, they don't want you to touch universities. You can talk about any other thing elsewhere. But I supported Dr Kloppers-Lourens. We were only defeated by the committee. So, the DA must support us on this Bill.
The Bill further addresses a lacuna that was found in the National Student Financial Aid Scheme Act, where the Minister was not permitted to intervene when there was dysfunctionality or malpractices in institutions. So, the hon Dexter's argument is neither here nor there because the Minister has never, at any time, engaged in any unwarranted intrusion into the affairs of universities. In fact, it is only now that we permit the Minister, when there is corruption or ill deeds, to intervene and make sure that he gives directives to the board of the NSFAS to ensure corrective action.
In the event of recalcitrance, the Minister is empowered to dissolve the board and appoint an administrator for a period not exceeding two years and six months to address the situation that may be affecting the particular institution. The only aspect we addressed, hon Dexter, was that in terms of the little alterations we introduced, there should be no coexistence of an administrator and a board. In an instance where the Minister seeks to appoint an administrator, that must herald the dissolution of the board.
Those were the points that were addressed in terms of this small Bill. I must indicate that all of us are in agreement.
I must take this moment to thank the Ministry and the Department of Higher Education and Training, the parliamentary advisory services and the state law advisers for advising the committee throughout the process of dealing with the Bills before us. We request Parliament to approve this Bill with the amendments, as introduced by the committee. [Applause.]