Beleaguered minister of higher education and training Buti Manamela has suffered another bloodied nose in the Labour court, this time over his decision to issue a directive instructing the re-advertisement of the vacancy of National Skills Fund chief executive despite a successful recommended candidate.
This Labour Court defeat comes just two months after Manamela had been clobbered in a high court review over a decision to disband the NSFAS board, which the Pretoria High Court ordered it be reinstated pronto.
In the Labour Court matter, which was referred there by the high court, Manamela has been found wanting once again as per judgment issued on Tuesday.
Usurping DG powers
According to the judgment, the minister usurped powers of the director-general Dr Nkosinathi Sishi but also had no justification to call for the recruitment process to be started afresh when Dr Khathu Sirovha had been recommended as a successful candidate.
READ: Minister Buti Manamela dragged to court over Skills Fund top job
In the interest of justice, the court has slapped the minister with the cost order too for leaving Sirovha with no choice but to go to court to enforce justice against an irrational ministerial decision.
“Dr Sirovha has been compelled to litigate to prevent the implementation of what appears to be patently ultra vires ministerial directive, which was issued despite there being no basis for suggesting that the selection process and the decision to recommend his appointment was in any way flawed,” reads the judgment.
“The respondents have failed to provide a cogent justification for the minister (Manamela) assuming the powers assigned to the director-general (Sishi).
“Dr Sirovha ought to not have had to incur the expense of launching the application. In the circumstances, I believe the interests of law and fairness warrant a cost award in his favour.”
Manamela and Sishi were thus ordered to pay Sirovha’s costs, jointly and severally, including the costs of two senior counsel.
Interdicted from re-advertising
Moreover, pending the determination of the review and declaratory order, the court ruled to interdict Manamela from going ahead with his instruction for the post to be readvertised.
READ: Manamela faces pushback over NSF CEO post fiasco
“[Manamela and Sishi] are interdicted and restrained from taking any steps to re-advertise the post of chief executive officer of the National Skills Fund,” the judgment reads.
“Manamela and Sishi are interdicted and restrained from submitting, preparing, or processing any documentation to facilitate the re-advertisement of that post pursuant to the directive of the minister dated 17 June 2026.
“And Manamela and Sishi are interdicted and restrained from taking any further step pursuant to or implementation of the said directive.”
- Minister Buti Manamela was found to have usurped the powers of director-general Dr Nkosinathi Sishi by issuing a directive to re-advertise the National Skills Fund CEO vacancy despite a successful candidate, Dr Khathu Sirovha.
- The Labour Court ruled that Manamela's directive was irrational and had no basis, as the recruitment process and recommendation of Dr Sirovha were not flawed.
- The court ordered Manamela and Sishi to jointly and severally pay Dr Sirovha's legal costs, including the fees for two senior counsel.
- The court interdicted Manamela and Sishi from proceeding with the re-advertisement or taking any steps to implement the directive dated 17 June 2026 until the matter is fully resolved.
- This ruling follows another recent court defeat for Manamela, who was ordered to reinstate the NSFAS board by the Pretoria High Court after attempting to disband it.
