23-05-2025
Policy on appointing members to public entities must be clarified
It surely cannot be that at this stage we have reached the death of quality journalism in our young democracy, where journalists cannot tell the difference between corruption and suspected conflict of interest.
The normative theories of the press principally prescribe the function of the media as educating society, and South Africa's media need not fail at this early stage.
If they do, then we may as well forget about the responsibilities democracy places on us, and importantly, the responsibility to tolerate even those we disagree with.
Therefore the distinction should have been clearly made in the matter involving the minister of higher education, Dr Nobuhle Nkabane, between conflict of interest and corruption as alleged.
These are two different concepts traversing two different mechanisms of accountability models, that is, law and the objectivity test.
For context, it is important to note that the portfolio committee on higher education had a scheduled meeting where it was meant to be briefed by the Construction Education and Training Authority (CETA) on a progress report in implementation of the recommendations of the Duja Forensic Report into CETA affairs and governance and related matters.
This agenda item was adopted at the start of the meeting by all members of the committee.
Of course, pertinent issues worthy of consideration are shown before the committee and are, usually, no reason to disrupt or even collapse a committee meeting.
Parliamentary committees are a mechanism to play oversight on government and entities. This, by import, is usually done on behalf of the public, who mandate members of parliament to represent their interests in parliament.
The work of the committee was diverted to consider a leaked document that was now being used nefariously and widely circulated on social media for political expedience.
A member of the committee came in very late and decided to ask officials to confirm a decision by their political principal.
Appointment of board chairs is a process that culminates in a ministerial decision, to which officials could offer no answer or opinions.
The concerned member knew this, yet decided to act against common sense and the ABCs of parliament's legislative role.
The minister has since acknowledged judgment in error and took full responsibility, first by withdrawing the proposed names to chair SETA boards, and secondly, opening the process up for public participation.
Conflict of interest will forever be an issue on board appointments at many public institutions because they are done by people who are rooted in communities, and common sense dictates that appointees be people known to the appointer.
In fact, so nefarious was the corruption claim that the protesting member, without reason or evidence, claimed that 'the committee chairperson protected corruption'.
Against any form of logic, the member decided to hijack the meeting, usurped the chair's prerogative and led the meeting astray.
There is no qualification or study field for anyone to chair a board, entity or nonprofit organisation, it is a skill acquired through experience of leading organisations and adaptability of handling differing interests.
Appointing board members and board chairs in the public service is the responsibility of the ministers leading the portfolio.
It is a subjective process which is undertaken with a lot of consultation and due diligence on proposed names.
Once the minister is satisfied, those names are usually served before the cabinet, and that is followed up with board inductions and various other trainings.
Ministers are appointed to do a whole lot of other jobs in line with the requirements of their portfolio to achieve a purpose, which in this instance may include empowering the youth with skills, and generally transformation.
The question then becomes which names will satisfy everyone where the conflict of interest will not, and never, be an issue.
In this situation, what then happens if the same names come back to serve on the ministerial desk, an improbable but not entirely impossible scenario?
The Select Committee on Education I lead will not tire in calling on all concerned to work in such a manner that will ensure momentum is not lost on the objectives of the SETAs and the post-school sector.
Skills have been identified as a challenge in our country and thus have been characterised as not aligned or aligning to the South African economy requirements.
The committee will also call on concerned citizens to take up the challenge that they had been afforded in this round of selection of credible people to boards.
Yes, ours is a country ravaged by corruption, and it has been for the longest of time.
But it cannot be proper to ban qualifying South Africans from serving on boards of entities in the public service by virtue of having been born to a politician.
If the suggestion is that people and children of those who serve in public office and have political affiliations or connections must not serve in public entity boards, let that be a clear call, inscribed in policy.
We are, however, happy that Nkabane listened and accepted that a perceived conflict of interest existed in the proposed names, and therefore acted with speed and withdrew the list that was doing the rounds.
Though board appointments are legislated in South Africa, in the public service this is the responsibility of the minister, and can be very subjective.
The King IV report on corporate governance recommends that the board appointments consider the collective knowledge, skills and experience required by the board, and the diversity of the board.
But also, the government gave an undertaking to finalise a framework for board appointments to state-owned entities some time ago.
A mere Google search would have assisted journalists who latched on how heroic politicians were for merely making noise in a committee meeting.
Rather the confusion was around the conflict of interest and not corruption, as alleged at the meeting.
Heroism should be by way of ensuring that post-school education is diversified and produces the relevant technical skills. And journalists will be critical in that work going into the future.
The Select Committee will work hand-in-glove with our counterparts at the portfolio committee in ensuring stable, well-governed and well-overseen entities.
Surely politicians and journalists alike must agree with this sentiment, or else we may well have to shut down all SETAs.
Makhi Feni chairs the Select Committee on Education, Sciences and the Creative Industries in the National Council of Provinces, national parliament
