Behind closed doors last Friday evening in Cape Town, a secretive ANC parliamentary study group scrambled to draft scenario plans in a desperate bid to shield higher
education minister Buti Manamela from a looming political and legal backlash.
The urgent meeting, described by insiders as a damage-control session, focused on the fallout from Manamela’s contentious decision to place Sector Education and Training Authorities (Setas) under administration – a move that has drawn criticism and sparked court challenges.
Sources present at the meeting revealed to Sunday World that the group was deeply concerned about the possibility of Manamela losing the legal battles against the Construction Education and Training Authority (Ceta) and Local Government Seta (LGSeta).
Such defeats, they feared, could not only unravel the minister’s position but also further erode the ANC’s credibility.
During the meeting, Manamela acknowledged to ANC MPs that “the cases could go either way”, but insisted that his department had followed all due processes. However, he also admitted that the department has yet to file any responding legal documents, as they are still seeking legal counsel.
Manamela appointed Oupa Nkoane as Ceta administrator, Lehlogonolo Masoga as Services Seta administrator, and Zukile Mvalo as LGSeta administrator.
Manamela is under fire after the newly appointed administrators were reported to have close ties to the ANC, while Nkoane is also reported to have been implicated in a 2017/18 forensic investigation into R872-million in irregular expenditure, leading to a criminal case.
“Buti said that they spoke to the administrator about what had been raised by the media, and the department is satisfied with the responses they got.”
Manamela has received letters from the opposition party, namely the EFF and the MK Party, backing the Seta chief executive officers (CEOs) on their pushback campaign.
“He feels that the CEOs might have approached opposition as a means to apply more pressure on the department to rescind his decision to place them under administration,” one mole said.
“He is being dragged to court by the scorned Ceta CEO, who fears that the appointment of an administrator will erode his role at the organisation.”
In the affidavit submitted to the Labour Court, Malusi Shezi seeks to review Manamela’s decision to appoint the third respondent, Nkoane, as an administrator tasked to resolve internal strife at Ceta.
“The duties of the appointed administrator coincide with my duties as the CEO since the gazette does not specify what would be the duties of the CEO v that of the administrator in this regard. Already, speculation has arisen, and expectations by the unions at Ceta are that with the appointment of the administrator, I must cease to be the CEO of Ceta, and they demand that I be removed,” according to the documents.
He argues that Manamela flouted procedures and laws to appoint an administrator, citing that he found out about the matter from former employees who had been approached to avail themselves for the position.
The August 18 meeting, held between Shezi and Manamela, was where the matter was discussed, which does not equate to formal consultation.
“The minister cited the decision to be based on what Thabo Masombuka, the former CEO of Ceta AA, had allegedly written to the DHET.
The Ceta CEO questions why there was no probe to substantiate the allegations of financial mismanagement at the authority and believes that the “hurried” way the decision was made justifies taking legal action.
He further petitions the court to rule against the decision to place Ceta under administration and declare the director-general Nkosinathi Sishi’s gazette on the matter null and void.
Shezi claims that financial mismanagement cannot be the reason why Ceta is being placed under administration, as it builds the assumption that he has been “derelict of his duties”.
He is concerned that this view will tarnish his reputation.
Shezi and the chief executive of the LGSeta, have expressed their opposition to their respective authorities being placed under administration.
Manamela announced this decision just two weeks ago.
Manamela’s spokesperson, Matshepo Seedat, could not be drawn on the matter. “When court papers are served, it is expected that one responds, and such has been done accordingly. I am unfortunately not in a position to comment on internal meetings.”
