Court tussle over NFS CEO appointment

The leadership vacuum at the National Skills Fund (NSF) has become the latest flashpoint for higher education minister Buti Manamela, as the department struggles to finalise the appointment of a new CEO.

On Friday the Johannesburg high court dismissed an application by Innocent Sirovha, who accuses Manamela of interference by halting his appointment at the NSF. Acting judge Albert Nxumalo ordered that the matter be referred to the Labour Court.

Manamela, who opposed the application, said the NSF was one of the department’s institutions that the president had highlighted as needing urgent intervention, beginning with filling the CEO vacancy that had been unfilled for an entire year.

But, he said, he could not put Sirovha’s name to the cabinet for final ratification as the department of public service & administration had identified missing critical documents in the paperwork submitted to him, including the scores achieved by the candidates.

“It would be ridiculous for me to submit a preferred candidate without the scoring required.”

He said he had pressed the director-general to investigate the administrative lapses. “Why don’t you have this information? What happened to this information? And how do we prevent this from happening?”

Of critical importance, he said, was to understand whether the lapse was as a result of competence or policy-related issues.

He had faced pressure to move forward despite these gaps, but decided that pushing through with the existing information would be untenable.

“I couldn’t look ridiculous and say to the cabinet, ‘appoint this person, but take into consideration that I don’t have this information’.”

Manamela emphasised that this was not a move to exclude previous applicants or derail the appointment, but rather a necessary step to ensure transparency and proper governance.

“All I’m saying is that let’s reopen the process, and everyone is welcome to apply, including those who participated in the initial round.

“And so we want to restart the process, filled up as quickly as possible with justifiable records and processes.”

In his application Sirovha said he was informed that the job was his through a request for him to provide his biometric information. Manamela emphasised that only the cabinet could make the appointment.

“Everyone has got to understand that there was no appointment that was made, and the final hurdle for the appointment of CEO of the National Skills Fund is the cabinet.

“I can meet with you here and tell you that [you’re in], but it means nothing if [the minister in the presidency] Khumbudzo Ntshavheni does not announce it on the Thursday after cabinet.”