Embattled Higher Education and Training Minister Nobuhle Nkabane has shrugged off a legal opinion she obtained which guides her to publicly name the panellists involved in the appointment of chairpersons of the Sector Education and Training Authority (Seta).
Nkabane has instead offered the unnamed panellists an opportunity to consent to or reject the disclosure of their identities.
The five-member panel was responsible for the selection process in the appointment of 21 chairpersons for Seta boards in May. The minister this week raised concerns about the negative backlash that could affect the members of the panel, which was part of appointing politically connected persons as Seta chairs. “The legal advice confirmed that I am under a legal obligation to disclose the names and details of the panel members to the Portfolio Committee,” Nkabane told Sunday World yesterday.
But, she added, the decision to disclose the panel members’ information may adversely affect the panellists’ rights. “As such, it is only rational and procedurally fair to afford the panel members an opportunity to be heard prior to disclosing their names.”
She said an opportunity to be heard may only be reasonably exercised when the panel members are provided with time to consider all material facts and their legal ramifications. “Any unreasonable period provided to the panel members may invoke unnecessary technicalities which will delay this important issue further,” said Nkabane.
Her decision to seek a legal opinion is the reason for the delay in heading the portfolio committee’s recommendation.
This week, Nkabane wrote to the committee chair, Tebogo Letsie, confirming that she would comply with the request to submit the names but was unable to meet her deadline of Wednesday, June 11.
She mentions that releasing the names would violate the panellists’ rights to privacy in terms of the Protection of Personal Information Act and the Promotion of Access to Information Act. “I remain concerned that the disclosure may invite unwarranted or unwanted public vitriol against the panel members, as I have experienced.”
She wrote to each of the members of the selection and evaluation panel, and advised them of her intention to comply and asked that the deadline be June 30.
The minister has been facing public scrutiny for appointing politically linked individuals to chair Setas.
She was hauled before the portfolio committee to answer questions surrounding the matter. MPs decided that Nkabane should hand over the names of the panellists and details of how the appointments were made. Notably, the selection of ANC national chairperson Gwede Mantashe’s son, Buyambo, raised questions. He was selected to chair the Manufacturing, Engineering and Related Services Sector Education and Training Authority board.
ANC KwaZulu-Natal (KZN) coordinator Mike Mabuyakhulu, former deputy communications minister Philemon Mapulane, former KZN premier Nomusa Dube-Ncube, former KZN sports MEC Amanda Mapena and City of Joburg MMC Loyiso Masuku were also selected.
The minister later reversed the appointments.
Nkabane has also faced negative publicity for her conduct in Parliament. During her appearance before the portfolio committee, she was seen chewing while responding to questions. The minister was also largely criticised for her attitude towards MPs who asked her about the board chairpersons’ scandal. On Thursday she was reprimanded by ANC Parliamentary Chief Ntuli Mdumiseni Ntuli for her actions and utterances and given instruction to cooperate with her colleagues, according to a source who was in the meeting.
