Suspended Education, Training and Development Practices Sector Education and Training Authority (ETDP Seta) chief financial officer Nokukhanya Mafahla claims she is being used as a “scapegoat” in the R50-million office lease tender row.
Mafahla has gone to court, claiming her suspension is unlawful and that she is being targeted in a procurement dispute involving the entity’s head office lease.
Last Friday, she filed an urgent application in the Labour Court in Johannesburg seeking to have her suspension on March 30 set aside and to be reinstated with immediate effect.
Mafahla states that she was served with a notice of precautionary suspension on April 2, pending the outcome of an “independent forensic investigation” into, among other issues, the procurement of the ETDP Seta head office premises, but says the process lacks proper legal
foundation.
Her case hinges on a challenge to who had the power to suspend her.
She argues that the authority to suspend staff members lies with the CEO and not the board, stating: “I was suspended … by the first respondent [the board] … and not by the CEO,” adding that the decision “contravenes the provisions of the … delegation of authority.”
She further contends that the suspension forms part of a broader pattern, alleging that there was a “premeditated intention” to remove her from her role dating back to October 2025, supported by earlier attempts and legal opinions obtained on how to affect her suspension while she was acting as CEO.
She denies wrongdoing in relation to the procurement process and states that the decision-making structure was collective, involving multiple committees and final approval by the chief executive.
The suspension notice, she says, does not provide clear reasons or a defined timeframe, noting that it is linked to the finalisation of a forensic investigation without specifying when that process will be completed. She argues that this effectively leaves her in limbo, stating that it is “unknown whether the purported investigation will last for months or years”.
Mafahla also points to the personal and professional impact of the suspension, saying it deprives her of the opportunity to perform her duties, affects her ability to earn performance-related benefits, and damages her career prospects.
In her application, she asks the court to declare the suspension unlawful, review and set aside the decision taken by the board, and order her reinstatement, arguing that the conduct of the respondents falls outside the bounds of lawful and fair labour practices.
- ETDP Seta CFO Nokukhanya Mafahla claims she is being used as a scapegoat in a R50-million office lease procurement dispute and challenges her suspension as unlawful.
- Mafahla argues that only the CEO, not the board, has the authority to suspend staff, and her suspension by the board violated delegation of authority rules.
- She alleges a premeditated effort to remove her dating back to October 2025, with earlier attempts and legal opinions sought to suspend her even while acting as CEO.
- Mafahla denies any wrongdoing, stating that procurement decisions were made collectively and the suspension notice lacks clear reasons or a defined timeframe.
- She filed an urgent Labour Court application seeking to have her suspension lifted, reinstatement ordered, and the board’s decision overturned due to unfair labour practices.
