MPs serving on parliament’s higher education and training portfolio committee are facing accusations of xenophobia, among a range of complaints raised by a higher education institution that reports to them.
In an unprecedented move, the chair of the embattled College of Cape Town — a technical and vocational education and training (TVET) body — has approached parliament’s ethics committee, alleging that the approach, tone and statements of education committee members during earlier interactions with them amounted to misconduct.
Council chair Alice King submitted a 118-page affidavit to the ethics committee, claiming that during a September session with the committee, the college’s principal, Dr Mhangarai Muswaba, was “vigorously questioned” over his appointment and eligibility to hold office, based on his being a “foreign national”.
This occurred even though Muswaba is a naturalised South African and his appointment was made by the higher education minister after a public recruitment and selection process.
“This was used to create a negative perception of the principal and to bring the college into disrepute as though it circumvented employment laws to make accommodations for a ‘foreign national’.”
King accused the committee of unethical conduct, and said its actions were xenophobic as members linked employability and legitimacy to national origin.
Patriotic Alliance MP Ashley Sauls and the ANC’s Tebogo Letsie — who chairs the higher education committee — are at the centre of the alleged xenophobic onslaught against Muswaba.
MPs reportedly interrogated the principal on his country of origin, questioning his appointment, during which he was called a kwerekwere (a derogatory term for foreigner) in a circulated voice note.
The affidavit, which the Sunday Times has seen, details how the proceedings reflect “multiple direct instances of xenophobic interrogation and verbal humiliation” directed at Muswaba, with MPs explicitly questioning his nationality.
“Where were you born? So you are Zimbabwean. The position of principal is not a scarce skill and you are occupying it ... There’s a South African qualified to occupy that position. You have this posture of entitlement, while South Africans are struggling for jobs,” read an excerpt in the affidavit, attributed to Sauls.
In the affidavit, King concedes there have been challenges at the college around accountability, governance, management, leadership and administration.
Both the council and the principal have in this regard ... sought the intervention of the department ... through the office of the successive ministers, director-general, deputy director-general: TVET and regional manager, to no avail.
The institution has been marred by internal wrangling, allegations of misconduct, abuse of power, and reports of unfair labour practices and staff intimidation. There are also claims of wasteful and irregular spending, including an alleged irregularly awarded R46-million security contract.
However, King pointed a finger at the department of higher education & training for the unresolved challenges, saying previous requests to have it step in had fallen on deaf ears.
“Both the council and the principal have in this regard ... sought the intervention of the department ... through the office of the successive ministers, director-general, deputy director-general: TVET and regional manager, to no avail,” she said.
Tensions rose to a breaking point during a portfolio committee meeting in September, at which the college accused MPs of an “ambush”, purposefully setting aside the agenda of the meeting and probing the principal about his nationality.
“The council and management were requested to prepare a general presentation providing the committee with a general overview of the college’s state of governance, administration and teaching and learning.
“Despite the submissions requested and delivered, the line of questioning by the committee seemed to follow a different structure — apparently directed on the basis of complaints which were received by the committee.”
She said she found it odd that the minister and senior officials from the department had kept mum, despite being present at proceedings, and “taking no steps to de-escalate the matters relating to the appointment”.
King claimed there were two previous complaints against Sauls, on similar grounds.
Both Sauls and Letsie said MPs had simply asked questions that were in line with governance, management and related matters.
“The committee didn’t deviate from what any of the members asked the leadership of the institution. Members can ask any question that is related to what we have asked the council and management to prepare,” said Letsie.
He had not believed the ethics committee would find any member guilty of misconduct, he said.
“The immigration act dictates that jobs in South Africa must first be given to South Africans, and members asked the department how a foreign national was hired for a principal job, which is not a rare or scarce skill. This falls within the mandate of the committee.”
Sauls said the complaints and accusations against him had no basis.
“The principal’s eligibility and appointment were a central concern raised before the sitting, including complaints that a job that is not a critical scarce skill was being occupied by a non-South African.”
The ethics committee confirmed receipt of the complaints, but would not comment on the matter.
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