The DA has laid criminal charges against Higher Education Minister Nobuhle Nkabane, accusing her of misleading Parliament regarding the appointment process for members of Sector Education and Training Authority (SETA) boards.
The DA, the second-largest party in the government of national unity (GNU), filed the charges at the Cape Town Central Police Station on Tuesday.
The party alleges that Nkabane provided false information to the Portfolio Committee on Higher Education and Training when she claimed that an “independent” evaluation panel had overseen the appointments.
Nkabane’s political allies
According to the DA, the panel included Nkabane’s political allies, including her chief of staff, Nelisiwe Semane, and former provincial ANC Youth League leaders.
The party also claims that Nkabane named Advocate Terry Motau SC as the chair of the panel. But that Motau has denied any involvement in writing.
“Minister Nkabane has broken the law and violated her oath of office,” said DA national spokesperson and committee member Karabo Khakhau.
“This is a deliberate and flagrant deception of parliament and the public.”
The DA’s criminal complaint follows a 48-hour ultimatum issued to President Cyril Ramaphosa last Thursday by DA leader John Steenhuisen. In the letter, the DA demanded that Ramaphosa remove ministers implicated in allegations of misconduct.
The ultimatum expired on Saturday, with the president saying that there are “no reasonable grounds for Mr Steenhuisen and the Democratic Alliance to issue ultimatums and threats when the president exercises his constitutional prerogative and responsibility”.
GNU’s National Dialogue initiative
On Saturday, the DA announced that it was withdrawing from the GNU’s National Dialogue initiative. The party described the dialogue as ineffective and accused the ANC of using it to protect compromised ministers.
Steenhuisen said the DA would not support the budget of the Department of Higher Education and Training while Nkabane remained in her position. He said the party would also vote against the budgets of other departments led by ministers implicated in alleged wrongdoing.
“We will use every legal and parliamentary tool at our disposal to root out this rot from government,” she said.
DA ‘undermining GNU agreement’
The ANC has rejected the DA’s claims, criticising the party’s conduct.
ANC secretary-general Fikile Mbalula said the DA was undermining the GNU agreement by issuing ultimatums and threatening to vote against departmental budgets.
“You cannot run a government through ultimatums,” said Mbalula during an address at the OR Tambo regional conference on Sunday.
“If they propose a motion of no confidence, it means they are out of the GNU.”
Mbalula said the ANC would not be held to ransom. He warned that the GNU could continue without the DA if necessary.
“Even if the DA leaves, the GNU will not collapse. Others will come in,” he said.
Mbalula also accused the DA of pursuing a political agenda instead of engaging constructively within the coalition framework. He said the party’s withdrawal from the National Dialogue was motivated by internal political calculations.
Abuses of power within the executive
The presidency has not issued a statement on the matter. Nkabane has not responded publicly to the allegations.
The charges against Nkabane come as parliament prepares to vote on the departmental budget votes for individual departments are scheduled to take place over the coming days, with the DA indicating that it will not support the higher education budget unless action is taken against Nkabane.
The party has not confirmed whether it will submit a formal motion of no confidence in any ministers.
Khakhau said the DA would continue to expose what it sees as abuses of power within the executive.
“We will not tolerate corruption disguised as governance. Parliament must not be treated with contempt,” she said.
DA not backing down on Nkabane
Sources within the parties who asked not to be named said the party would not back down from calling for Nkabane’s head to restore the party’s standing within the GNU.
“What the president did was humiliating. And the party wants to fight for its place despite the demeaning response to our threats. As the second-largest party in the GNU, we deserve better treatment than this,” two sources confirmed.
Mbalula said the ANC remained committed to the GNU. However, they would not allow it to be disrupted by what he described as “petty political games”.
“No party is bigger than the GNU,” he said. “The work of [the] government must continue.”
