Members of Parliament (MPs) are considering calling the now-fired Higher Education Minister, Dr. Nobuhle Nkabane, in her capacity as a private member, to explain what led her to appoint ANC-linked members to the controversial SETA boards. 

Nkabane was fired on Monday by President Cyril Ramaphosa.

Ramaphosa has since appointed her deputy, Buti Manamela, as Minister of Higher Education and Training, with Dr. Nomusa Dube-Ncube named as deputy minister.

The reshuffle follows intense scrutiny of Nkabane’s alleged role in misleading Parliament about the appointment process of Sector Education and Training Authority (SETA) board members.

The appointments included individuals closely tied to the African National Congress (ANC), such as Buyambo Mantashe, son of Mineral Resources Minister Gwede Mantashe, and Dube-Ncube.

Last month, Ramaphosa requested a formal report from Nkabane regarding her conduct.

Even though Nkabane maintained that the appointments were lawful, opposition parties accused her of undermining transparency.

The Department of Higher Education and Training is currently briefing the Portfolio Committee on Higher Education on the alleged “independent panel” for the selection and recommendation of SETA board appointments under Nkabane.

IOL reported that Nkabane came under fire again after failing to appear before Parliament to account for the controversial appointments, which included several ANC allies.

Instead, she attended a gender-based violence (GBV) event at a Technical and Vocational Education and Training (TVET) college in the Eastern Cape. 

Nkabane sent a last-minute apology to the portfolio committee, citing the GBV event as the reason for her absence.

Her apology was rejected by committee chairperson Tebogo Letsie.

“After receiving the letter, I told her I am not accepting her apology,” Letsie said. “It does not make sense for her to be absent from the meeting.”

Nkabane had been expected to brief MPs on the SETA board selection process, which was recently reversed.

Although she previously told MPs the selections were made by an “independent” panel chaired by Advocate Terry Motau, Motau later denied any involvement. 

Other members of the selection panel included her chief of staff, Nelisiwe Semane, and adviser Asisipho Solani, both of whom were absent from the previous meeting but have not attended the meeting.

Deputy Director-General Rhulani Ngwenya and Director-General Nkosinathi Sishi also failed to attend the meeting.

Letsie said while the committee welcomed Nkabane’s removal, it would make little sense to have panelists read their statements into the record without allowing Nkabane a right of reply. 

He said they thanked the panelists for attending and released them before proceeding to the next part of the meeting.

However, MPs disagreed with this move and voiced their legal concerns.

Inkatha Freedom Party (IFP) MP Sanele Zondo said it was unfair to block members from expressing concerns.

“I think we got into this matter because there was a public outcry for some inconsistencies and the feeling that processes were flawed,” Zondo said. 

“When we were deliberating, it was whether she lied under oath or misinterpreted the facts.”

He added that key players who influenced the minister were present and should be held accountable.

Democratic Alliance (DA) MP Karabo Khakhau demanded to see the legal opinion the committee was relying on.

“Once we all have that, I will call for a caucus break for all parties to consult their legal opinions,” she said. 

“There’s nothing stopping us from engaging Solani, Ngwenya, and the whole lot. There’s also nothing stopping this committee from calling Nobuhle Nkabane back in her capacity as a private citizen to account for the role she played.”

DA MP Désirée van der Walt said: “Every single person we summoned to appear before the committee was summoned based on their role. It has nothing to do with the previous minister or the new minister. Those who are present must present, and those who are not must still be called to do so. We are not going to let it go.”

Patriotic Alliance (PA) MP Ashley Sauls said: “The answer is yes, the former minister must be held accountable. The question is whether that accountability should continue in this committee. There are other parliamentary processes where she can appear.”

Letsie reiterated that because Nkabane is no longer part of the executive, she falls outside the committee’s jurisdiction.

“Whether she lied or not, there’s nothing we will do because she’s no longer in our space,” he said. 

“There’s a different committee that can now deal with that issue – the Ethics Committee.”

Parliamentary legal adviser Phumelela Ngema said there was nothing wrong with members calling on Nkabane to account.

“Chairperson, there is definitely nothing wrong with what the members have indicated in respect of their oversight functions,” she said. 

“However, there is a difference between the purpose and the actual intention of the meeting today.”

She clarified that the department is still accountable to Parliament, but Nkabane no longer falls under Section 92 of the Constitution, which governs Cabinet accountability.

simon.majadibodu@iol.co.za

IOL Politics

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