Gogta under fire for defying court order
The Department of Cooperative Governance and Traditional Affairs (COGTA) is under fire for defying a court order to pay over R9 million to the Insika Foundation, one of its former implementing agents in the Community Work Programme (CWP).Legal experts now say that key department leaders — including Minister V.K. Hlabisa, Director-General Mbulelo Ntshangama, Deputy Director-General Pankie Matomela, and CWP Finance Authority Mawande Skenjana are complicit in contempt of court.
Despite a binding High Court ruling and a failed appeal attempt, the Department has refused to pay the money owed, effectively collapsing the Insika Foundation and severely disrupting a programme that supports thousands of vulnerable South Africans.
Court Victory, Government Defiance
Insika Foundation approached the Gauteng Division of the High Court in 2024, seeking a 'mandamus' — a court order compelling COGTA to pay R9,291,633.42 for services delivered in April 2024. The Court granted the order on 12 July 2024. COGTA then tried to appeal but was dismissed with costs on 5 November 2024.
The Court's ruling was clear: the Department must pay Insika with interest and attorney-client scale legal fees. Yet, the Department, led by DG Mbulelo Ntshangama, has refused to comply. Despite follow-ups and official correspondence to the Minister and his team, Insika has received no payment and no communication.
This non-compliance puts COGTA in direct contempt of court, a serious legal offence that undermines the rule of law.
Minister and Top Officials Now Complicit
The blame now falls squarely on the leadership of the Department. Minister V.K. Hlabisa – Politically responsible and repeatedly warned about the Department's legal defiance.
DG Mbulelo Ntshangama – The accounting officer, legally obligated to ensure compliance with court orders and fiscal responsibility, DDG Pankie Matomela – Head of the Community Work Programme, responsible for oversight and implementation and Mawande Skenjana** – CWP Finance Authority, tasked with ensuring payment processing and financial accountability.
'These officials are not just negligent — they are actively violating a court order,' said constitutional law analyst Adv. Thando Lekganyane. 'This opens them up to personal liability and possible criminal charges.'
Collapse of Insika Foundation and CWP Fallout
The Department's unlawful refusal to pay has financially destroyed the Insika Foundation, a non-profit that delivered critical community work services for COGTA. Unable to pay staff or continue operations, the organisation has shut down its work, leaving thousands of CWP participants unpaid, unsupported, and in crisis.
'We've followed the law. We won in court. Yet the government is treating us like criminals,' said Insika CEO Ziphozethu Busisiwe Matheniwa. 'Their refusal to pay has collapsed our business and left entire communities abandoned.'
This isn't an isolated incident. Insika's experience reflects a broader pattern where small contractors and non-profits collapse after doing legitimate business with the government, only to be ignored or financially strangled when payment is due.
CWP in Freefall: Chaos and Confusion
Following the collapse of service providers like Insika, COGTA opted to 'insource' the CWP instead of renewing contracts. But internal documents show the Department was unprepared. Contracts with financial administrators and site management staff are set to expire in March 2025, with no clear plan for extension, recruitment, or budget allocation.
Although the Department has requested contract extensions through DDG Matomela and Finance Authority Skenjana, delays and dysfunction persist. There is no operational clarity, and site-level staff have reported missed payments, poor communication, and a total lack of support.
Legal Action Looms
Insika has now signalled its intention to pursue further legal relief, including a Personal costs order for failure to comply with court rulings and a formal complaint to Parliament and the Public Protector.
'This isn't just about money anymore,' said Matheniwa. 'It's about the government's duty to respect the law — and the people who serve the country.'
A Government Breaking Its Own Laws
As communities go without support and legitimate service providers collapse, the silence from COGTA's leadership is deafening.
For Insika Foundation and the thousands of CWP participants depending on this programme, the damage is already done. And unless the Department reverses course, the constitutional crisis may only deepen.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
an hour ago
- The Star
Economic Freedom Fighters: Celebrating twelve years of radical transformation in South Africa
Twelve years ago, the Economic Freedom Fighters (EFF) burst onto South Africa's political landscape with a promise to transform the country's economic and social order. Founded by Julius Malema and his comrades on July 26, 2013, the party emerged from a deep frustration with the slow pace of change since democracy and the persistence of poverty, inequality, and racial divisions. Their rallying cry was clear: radical economic transformation, land expropriation without compensation, nationalisation of mines and banks, and the eradication of poverty. Speaking at the EFF's 12th anniversary celebrations, Malema painted a vivid picture of how those founding principles remain as urgent today as ever. He reminded the crowd of Khayelitsha's history, founded in 1983 under apartheid as a relocation site for Black people forcibly removed from Cape Town. Despite decades of democracy, Khayelitsha still bears the scars of spatial apartheid: poor infrastructure, inadequate housing, unreliable water, and limited public transport. For many residents, these conditions have become normalised. Malema did not hold back in his criticism of the Democratic Alliance (DA), the party governing the Western Cape. He accused the DA of being a party that protects white privilege and sustains inequality by neglecting townships like Khayelitsha. While affluent suburbs such as Constantia and Clifton enjoy well-maintained roads and services, places like Gugulethu and Nyanga continue to suffer from neglect, overcrowded clinics, and dangerous streets plagued by gang violence. He added that the DA's failure to extend services such as the MyCiTi bus into these areas was described as deliberate exclusion. 'Spatial apartheid continues under their watch,' Malema said, framing the DA's governance as a continuation of apartheid-era divisions. He argued that the DA prioritises the comfort of the elite over the dignity and well-being of the poor majority. The party, he claimed, has no genuine interest in addressing poverty or unemployment, problems that affect over 43% of South Africans and hit the youth hardest. Malema also spoke about the broader economic challenges facing the country, saying that while other nations on the continent experience growth, South Africa's economy is stagnating. He criticised the control that white-owned banks and financial institutions hold over the economy, dictating who can access loans and property, and keeping wealth concentrated in the hands of a few. "At the same time, key state-owned enterprises are being weakened by defunding and attempts to privatise through outsourcing or fragmenting services." He pointed to the gradual dismantling of institutions like Eskom and Transnet, warning that the consequences are dire for the country's development and job creation. The looming debt crisis, with government spending over R420 billion this year just on interest payments, was described as a ticking time bomb that threatens social services such as education, health, and policing. To counter this, the EFF plans to push for laws requiring parliamentary approval of loans from the International Monetary Fund and World Bank. The party rejects neoliberal economic policies imposed by these institutions, arguing instead for a state-led developmental model focused on industrialisation and wealth redistribution. The EFF's rise from a small, radical movement into a force that commands respect across South Africa's political spectrum is no accident. Malema stressed that the party has remained true to its revolutionary principles, refusing to become co-opted by establishment politics or elite interests. The EFF's activism spans beyond Parliament, engaging directly with communities through land occupations, supporting workers' rights, and fighting gender-based violence. However, the party's growing influence has unsettled the political establishment. Malema recounted how even international figures have taken notice, including a visit to the White House where former US President Donald Trump played EFF songs 'Kill the boer' as a warning, which he repeatedly sang after concluding his speech. He criticised both the ANC and DA for forming uneasy coalitions motivated by fear of the EFF's growing power. In a pointed attack, Malema said the ANC has become riddled with corruption and tenderpreneurship, while the DA serves to protect white monopoly capital. Yet, both parties are united in their efforts to block the EFF from gaining control in any government. On crime and policing, the EFF expressed support for Lieutenant General Nhlanhla Mkhwanazi, who raised allegations of corruption and criminal syndicates operating within law enforcement. The party insisted on a parliamentary committee to investigate these claims, emphasising the need to clean up police and justice institutions. Looking to the future, the EFF is preparing for the 2026 local government elections with ambitions to govern outright in many municipalities. Malema urged party structures to strengthen grassroots organisation, win wards decisively, and deliver services that the DA has failed to provide. Ending poverty, combatting crime, and ensuring dignity for all remain the movement's key objectives. [email protected]
The Star
an hour ago
- The Star
Can digital skills help reduce high rates of youth unemployment?
Professor Khehla Ndlovu | Published 1 hour ago A year into South Africa's national government of unity (GNU), the country's young people remain trapped at the precipice of despair. The promise of job opportunities and pathways for entrepreneurship continues to diminish, especially in a world increasingly led by a youthful population whose inventive thinking often conflicts with the traditional methods of those in power. This disconnection is not merely an abstract idea; it is a tangible reality for millions, showing as a deep sense of exclusion and a suppression of potential. The grim reality of South Africa's youth unemployment crisis is stark and well-documented. Statistics SA's Quarterly Labour Force Survey for the first quarter of this year paints a sobering picture: young people aged 15-24 face a staggering unemployment rate of 62.4%, while those aged 25-34 contend with 40.4%. These are not just numbers; they represent a generation sidelined, their energy and creativity unharnessed. With 20 million South Africans aged between 15 and 34, this demographic forms the largest segment of our population. This demographic dividend, a potential driver of economic growth and social progress, is instead becoming a source of national concern. This alarming reality requires urgent and decisive action, moving beyond mere discussion to implement tangible and impactful measures across all sectors of society. Our collective response must begin at home, extend through our communities, reshape our educational institutions, and energise our civil, public, and private sectors. The goal should be to nurture an active, future-oriented population, equipped to become tomorrow's leaders and innovators. Importantly, this quest for solutions must fully harness the transformative potential of technology. The rapid rise of generative Artificial Intelligence (AI), for example, should not be viewed with concern but as a significant opportunity. It prompts us to reconsider how we can utilise this technology to empower young people, unlock entrepreneurial talent, and boost economic development. It is time to move past the negativity rooted in a failure to recognise opportunities and instead embrace the immense potential within this digital frontier. The Vaal University of Technology (VUT), strategically located in one of Gauteng's most influential industrial regions, has long recognised this necessity. Our commitment goes beyond traditional academic teaching to proactive engagement with the digital future. Through initiatives like our Strategy 2033+, we focus on attracting and nurturing students with exceptional talent and potential, equipping them with the digital skills essential for a rapidly changing job market. Our recent community service project, where our Faculty of Applied and Computer Sciences assisted Suncrest High School's 2025 Grade 12 students with online applications, showcases our commitment to closing the digital gap and promoting a culture of access and opportunity from the grassroots. The Gauteng government's commendable focus on the township economy has achieved significant progress in supporting existing businesses. Nonetheless, our efforts must also shift towards empowering young people in these communities who aspire to start their ventures, developing solutions and products tailored to local needs. This requires a concerted effort from all stakeholders, particularly financial institutions. They must explore innovative, concessional financing models that recognise the unique challenges and vast potential of youth-led township enterprises. We cannot continue to champion the township economy while failing to equip its most dynamic segment – our youth – with the necessary skills and financial lifelines. This year's UNESCO theme, 'Youth empowerment through AI and digital skills,' resonates profoundly with South Africa's challenges and aspirations. As a global community, we are collectively seeking solutions that improve young people's skills for both employment and entrepreneurship. UNESCO and other UN agencies have consistently supported the progress of the Sustainable Development Goals (SDGs). To truly accomplish these goals, we must put our solutions at the centre of the ingenuity and motivation of our young people, recognising them not merely as beneficiaries but as co-creators of our future. Furthermore, the latest World Economic Forum's World of Work report underscores that 'technological change, geoeconomic fragmentation, economic uncertainty, demographic shifts and the green transition – individually and in combination – are among the major drivers expected to shape and transform the global labour market by 2030.' While these are global forces, South Africa has a unique opportunity to lead in adapting and innovating. We can and must surpass the mediocre leadership that has often characterised our response to the challenges faced by our young people. This moment calls for visionary, agile, and collaborative leadership that recognises the urgency of digital transformation. At VUT, our concern about the high rate of youth unemployment runs deep. However, concern alone is not enough. We are committed to rolling up our sleeves and taking action that goes beyond mere talk. This commitment is reflected in concrete steps that clearly show our determination to make a difference. Skills development, especially in digital and AI skills, provides a strong pathway to solutions. Learning institutions are no longer static brick-and-mortar places; they are active partners in national growth, evolving to effectively address today's complex challenges and to produce graduates capable of leading in the digital era. This demands closer collaboration between academia, industry, and government to jointly create curricula, support innovation hubs, and enable smooth transitions from education to employment or entrepreneurship. The path ahead will be challenging. It demands courage, ingenuity, and most importantly, readiness to listen to young people's voices. They are not just the recipients of change; they must be its architects. If we are truly committed to building a future that works for everyone, we must invest in the blueprints that centre on youth, giving them the tools, networks, and confidence to shape their futures. The time for action is now. Professor Ndlovu is the Vice Chancellor of the Vaal University of Technology (VUT)
The South African
3 hours ago
- The South African
Will Mkhwanazi accept gift of cows from the public?
KwaZulu-Natal provincial commissioner Nhlanhla Mkhwanazi has been promised two cows from a fundraising initiative that raised close to R50 000 by his supporters. But is he permitted to accept it as a gesture of gratitude? Earlier this month, notorious X troll Chris Excel launched a crowdfunding initiative to gift Nhlanhla Mkhwanazi two cows as a 'token of appreciation.' The initiative was a hit, raising R44 000 for the top cop who went public with allegations of corruption within the police department. While some have claimed that accepting the gift would equate to 'bribery', officials say otherwise. KZN police spokesperson, Colonel Robert Netshiunda, told The South African that police may accept gifts, for any reason, provided that they declare that it is not a gratification. 'There is a gift register in the SAPS that police officers sign to declare all gifts', he said. According to Excel, the BackaBuddy funds will be released once Mkhwanazi publicly acknowledges the gesture. Meanwhile, Nhlanhla Mkhwanazi has garnered widespread support – from the public to political parties – around South Africa. 'Hands off Mkhwanazi' has been a trending topic on social media, with many publicly pledging to support the KZN commissioner. South Africans have even threatened to riot and loot should any action be taken against him. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
