Hon Deputy Speaker, Cabinet colleagues, hon chair of the portfolio committee and hon members, let me thank the portfolio committee for the processing of this piece of legislation. This Bill has several aims. Firstly, it puts in place measures to ensure the proper governance and administration of higher education institutions where this is not happening. In too many of our institutions we have uncovered serious instances of poor governance, maladministration or serious corruption.
As the Minister, I have the responsibility of ensuring that higher education institutions are able to discharge their constitutional obligations in terms of the provision of quality educational services, and to conduct research and other university functions. These obligations are compromised, from time to time, by a breakdown in the governance and management structures at educational institutions, prompting interventions by our department to restore good governance and management.
Since the inception of the Department of Higher Education and Training, I have been compelled to intervene at five higher education institutions by appointing independent assessors to investigate allegations of poor governance and financial maladministration that seek to undermine the effective functioning of our institutions.
This Bill institutes measures to strengthen the Minister's authority to intervene effectively where institutional authorities fail to ensure proper governance and administration. These measures are necessary, because the law, as it stands, appears to have certain limitations in that it can be open to interpretation that makes it difficult if not impossible for the Minister to intervene in some cases in which there is evidence of maladministration, corruption or poor governance.
The amending Bill provides me, as the Minister, with the authority to issue a directive to members of the boards of national institutes and councils of universities to take action where there are serious allegations of financial impropriety or mismanagement, and where action has not been taken, taking into account due processes, to appoint an administrator. There have been instances in which some university councils have not acted even when instructed to do so. This piece of legislation aims to compel institutions to be able to act where there are very serious allegations of maladministration or corruption.
The Bill further empowers an independent assessor to have access to information during an investigation. The powers of the independent assessor have been too weak; sometimes one could not even ask and be supplied with the relevant documents or any other proof that may be required.
I know that there have been some objections to the proposed amendments, claiming that I want to have extensive powers and undermine institutional autonomy. There is no such thing. We must always balance institutional autonomy against public accountability. Universities are public institutions funded by the taxpayers' money. Thank you very much. [Applause.]