An obscure non-government organisation (NGO) from Gqeberha in the Eastern Cape has given President Cyril Ramaphosa an ultimatum to announce a new National Youth Development Agency (NYDA) board before the end of this week.
If Ramaphosa fails to do so, the NGO, which calls itself the Gqeberha Federation of Youth in Business, has threatened to institute a lawsuit on an urgent basis to force the president’s hand.
The move by the NGO in a letter of demand dated July 12 comes after the end of the term of the NYDA board in 2024.
At the time, the board was converted to an interim one with a time limit of six months, which lapsed on June 1, 2025.
Moreover, four months ago, parliament embarked on a recruitment and interview process of candidates for the new board, of which process names were forwarded to Ramaphosa as a recommendation to appoint.
Current board is illegal
Ramaphosa has not moved, and the NGO argues that the current interim board is illegal as of June 1, and so are all its decisions.
“To the extent that the composition and constitution of the board were indeed irregular and unlawful as of 1 June 2025, we record with respect that the resultant appointment of Mr Ndumiso Kubheka as the CEO suffers the same illegality,” wrote Shaun Matlhwana of Matlhwana Attorneys.
The lawyers argue that not only is the interim board offside legally but also that its top leadership is wholly absent.
“The executive chairperson [Ms Asanda Luwaca], whom the president had previously appointed as part of the interim board, has since been appointed to the National Skills Authority. This clearly demonstrates a leadership deficit within the agency,” said Matlhwana.
“The deputy executive chairperson [Ms Karabo Mohale] has also recently been appointed to serve as the commissioner of the Independent Communications Authority of South Africa, a role that is full-time in its nature. Again, this exacerbates the leadership deficit facing the agency.
“Mr Thulisa Ndlela, who forms part of the interim board, is also above the age of 35, which is the threshold of youth.
“This is quite concerning in that the youth of South Africa and their interests cannot be championed by those who do not fall within the youth bracket.”
Addressing the national question
Sunday World understands that among other concerns in the Presidency over the nine recommended names is that the list is found lacking in addressing the national question.
This is because four of the nine names are of people who come from KwaZulu-Natal, while provinces like Limpopo are not represented at all.
Apparently another concern is that the skill set among those recommended is not fast enough to cover all the necessary areas needed.
But critics from outside have argued that the delay is a result of the non-representation of the ANC Youth League, which has historically dominated the NYDA board, especially right at the top.
A case in point is the outgoing executive chairperson, Luwaca, who is a national executive committee member of the youth league.
During the interviews, the league had fielded two candidates, including its finance boss, Zwelo Masilela, and the youth league economic transformation subcommittee chairperson, Avuyile Xabadiya, both of whom did not make the cut.
Masilela was earmarked for the position of NYDA board chairperson, but his humiliating elimination, which involved serious allegations of qualification fraud, was too glaring for parliament to overlook.
Frontrunners for executive chairperson
The frontrunners for the top NYDA position of executive chairperson in the recommended names are said to be Nicholas Nyati and Bonga Makhanya, both with no links to the ANC.
Makhanya is an outsider who leads the SA Youth Economic Council as executive chairperson, while Nyati is a DA politician who is a former SRC president at the Nelson Mandela University.
According to the letter of demand, Ramaphosa has until Friday to appoint the new NYDA board.
“Failure by the president to do as set out [in the letter of demand], we hold instructions to approach courts on an urgent basis for appropriate relief.
“The omission to deal with all issues underpinning the dispute should not at this juncture be misconstrued as a novation or waiver of our clients’ rights to traverse such issues at an appropriate time and before a competent forum.”