Parliament confirms no independent panel existed for SETA board appointments following Nkabane's dismissal
Image: GCIS
The Portfolio Committee on Higher Education has found that no formal panel was involved in appointing Sector Education and Training Authority (SETA) board chairpersons, contradicting former Higher Education Minister Dr. Nobuhle Nkabane's claims.
This follows President Cyril Ramaphosa's dismissal of Nkabane on Monday, appointing her deputy, Buti Manamela, as the new Minister of Higher Education and Training, with Dr. Nomusa Dube-Ncube as deputy minister.
The cabinet reshuffle comes amid increasing scrutiny of Nkabane's misleading explanation to Parliament regarding the SETA board appointment process.
The appointments included individuals closely linked to the African National Congress (ANC), such as Buyambo Mantashe, son of Mineral Resources Minister Gwede Mantashe, and Dube-Ncube.
The Department of Higher Education and Training briefed the committee on the existence of an 'independent panel' allegedly responsible for selecting and recommending SETA board appointments.
Nkabane previously told MPs that the panel was chaired by Advocate Terry Motau, who later denied any involvement.
Other individuals named as panel members included Nkabane's chief of staff Nelisiwe Semane and adviser Asisipho Solani.
Both initially failed to attend a previous meeting but were present at the latest hearing.
Deputy Director-General Rhulani Ngwenya and Director-General Nkosinathi Sishi were also absent in the previous meeting, but attended the latest session.
All the alleged panelists denied participating in the selection or appointment of the now-reversed SETA board members.
They told MPs there was no formal meeting or discussion held regarding the appointments.
Ngwenya, who was listed as the panel's secretary, admitted she never convened any meetings, set agendas, or recorded minutes.
'I viewed this as an assignment of duties rather than a formal appointment and did not deem it necessary to formally accept it in writing,' she said.
'I was neither compensated nor remunerated for my role.'
Semane said that although her name appeared on the minister's list of panel members, she only participated in selecting SETA accounting authorities - not board chairpersons.
'The minister's list of panel members was all-inclusive and did not distinguish between those involved in different selection processes,' she said.
'I was not paid any additional remuneration for my role in recommending accounting authorities.'
Solani, who was Nkabane's adviser, also denied orchestrating the appointment process.
'I confirm that I did not receive any payments, allowances, or investments in this matter,' he said.
Sishi distanced himself further, saying that while he supported the idea of appointing chairpersons, legislation did not permit him to do so.
'I only saw the list of chairpersons at the same time as everyone else during a meeting with the National Skills Authority… I had no prior knowledge of who would be on that list.'
The trio emphasised that the panel never convened and they had no insight into how the names were selected.
Committee Chairperson Tebogo Letsie said testimonies confirmed that the panel never existed.
'It's clear the intention was there, but this process was never formalised,' Letsie said.
'The minister had every right under Section 111A of the Skills Development Act to make appointments. She could have simply said she was taking responsibility and restarting the process.'
Letsie said the committee would draft a preliminary report and may offer Nkabane a chance to respond.
He also questioned the usefulness of relying on a non-legislated process like an 'independent panel.'
'There was never a panel that was set…We are going to continue addressing these administrative issues with the department.'
Inkatha Freedom Party (IFP) MP Sanele Zondo said it was unfair to block members from raising concerns.
'There was a public outcry over inconsistencies and flawed processes. We are trying to determine whether she lied under oath or misinterpreted the facts,' Zondo said.
The Democratic Alliance (DA) MP Karabo Khakhau demanded access to the legal opinion guiding the committee's decision-making.
'Once we all have that, I'll call for a caucus break so parties can consult their legal teams,' she said. 'There's nothing stopping us from engaging Solani, Ngwenya, and the others - or from calling Nkabane to appear again.'
DA MP Désirée van der Walt added: 'Everyone summoned appeared based on their role. We're not going to let this go.'
Patriotic Alliance (PA) MP Ashley Sauls agreed that Nkabane must be held accountable.
'The question is whether that accountability should continue in this committee. There are other parliamentary processes where she can appear,' Sauls added.
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