In terms of section 27 (1) the Higher Education Act, it is the Council of a public higher education institution which must govern the institution. In respect of financial mismanagement or presumed corruption, especially where an institution does not comply with conditions linked to allocations from money appropriated by Parliament, Minister may request the Council to comply. In terms of Section 42, should the Council not comply within a predetermined timeframe, Minister may withhold payments of further allocations.
The Higher Education Act further provides that the Minister may:
The Minister has intervened in several institutions by appointing independent assessors to conduct investigations into various allegations of mismanagement and other maladministration; and where reports reveal maladministration of a serious nature, administrators have been appointed to identify and initiate processes and initiatives that restore proper governance and management. In addition, directives have been issued to some institutions to direct on steps to be taken to remedy various deficiencies that would have been identified.
In the instance of compromised qualifications, the Minister may request the Council of Higher Education to provide conduct quality assurance on the relevant qualification/s and thereafter act on the recommendations provided by the CHE.