Higher education minister Nobuhle Nkabane has her back to the wall as she faces growing pressure to come clean over her aborted plan to appoint politically connected chairs for sector education and training authorities (Setas).
While the minister has claimed an “independent panel” produced the controversial names she put forward to head the accounting bodies of the Setas, the Sunday Times was told this week that the process of appointing the panel was never concluded.
Nkabane — who was touted as one of the ANC’s youth appointments to the cabinet — plunged into a political maelstrom when it emerged that the list was stacked with ANC cronies, including the son of Gwede Mantashe, minister of mineral resources & energy.
Her attitude during an acrimonious meeting of parliament’s portfolio committee on higher education on May 30, when she showed disdain for the committee and refused to disclose the names of the panellists, earned the ire of President Cyril Ramaphosa, who summoned her to explain her conduct.
At the meeting in parliament, Nkabane refused to discuss how she had ensured the process of appointing the panel had been “credible”, suggesting that committee chair Tebogo Letsie should consult Google.
When she appeared before Ramaphosa, he expressed his displeasure at her attitude and instructed her to produce a report on the process used to compile the list, the identities of the members of the panel and what the panel’s recommendations were.
A high-level government source said it was suspected that no panel existed and Nkabane could not stonewall indefinitely.
“She would have to come out straight and say there was no panel, because she can’t say to the president, ‘I can’t tell you,’” said the source, who cannot be named.
“In other words she has come to the end of the runway with her games. She is not forthcoming, to the point of wanting to play hide and seek with parliament.
“The president can’t have conceivably appointed her and given her to understand that she [does not need] to be transparent with the public and parliament. Because the president’s government knows that it is constitutionally bound to be transparent.”
I hope she’s not woven herself into a tangled web, because she won’t be able to get out of it
The source added: “Transparency is a constitutional principle which is regarded as sacrosanct. If the minister cannot find it in herself to show contrition and admit that she did something wrong, and if indeed there was a panel, and if those panellists may have done something wrong in good faith, they must come forward and say so.
“If they can’t come forward, it means therefore that they were driven by motives that are not clean,” the source added.
A senior official in the higher education department also cast doubt on the existence of Nkabane’s “independent panel”.
“I hope she’s not woven herself into a tangled web, because she won’t be able to get out of it. Parliament has powers of subpoena in these matters.”
Nkabane cited the Protection of Personal Information Act in refusing to release the names of the panel members last week. But the official said the excuse was simply not good enough, given public interest in the matter.
“Ultimately she’s the decisionmaker. You can’t blame the panel now the matter has become a hot potato, it can’t be. In terms of legislation the power lies with her, it’s her prerogative and she must account.”
Nkabane, who has come across in the public eye as arrogant, evasive and unaccountable, issued a statement after her meeting with Ramaphosa saying she accepted that her conduct in the portfolio committee hearing had been unacceptable.
“Upon reflection, and having considered the feedback received from various stakeholders, I acknowledge that the situation could have been handled differently,” she said.
“I take this opportunity to express my commitment to strengthening the relationship between the ministry, the department, and the portfolio committee.”
The Sunday Times understands that her refusal to reveal the names of the panel could be due to the fact that the process was never concluded, and therefore no panel could have advised her on the names.
This raises questions as to how she decided on the Seta names she submitted last month.
At the time DA MP Karabo Khakhau said the appointments raised “serious concerns about the politicisation of institutions meant to serve all South Africans”.
“Seta boards play a vital role in skills development and economic empowerment. They are not ANC cadre deployment havens, nor should they be misused as rewards for political loyalty. The DA will not allow these institutions to be captured and repurposed to benefit a narrow political elite at the expense of ordinary South Africans.”
EFF MP Sihle Lonzi accused Nkabane of sidelining department officials and suggested that decisions could be made informally or even “in a tavern”.
“Why can’t you say the director-general advises you, or the deputy DG advises you,” Lonzi asked in a committee meeting. “There is a group, a clique, in higher education that advises the minister, yet the minister does not want to tell us who they are.”
Nkabane withdrew her list of appointments on May 15 after an outcry from MPs and stakeholders that it comprised politically connected individuals, including Mantashe’s son Buyambo as the new board chair of the manufacturing, engineering & related services Seta.
Other nominees included former KwaZulu-Natal premier Nomusa Dube-Ncube, as chair of the banking Seta board, Siboniso Mbhele, head of the transport department in KwaZulu-Natal, and the ANC deputy regional secretary for greater Johannesburg, Loyiso Lugayeni-Masuku.
“I have taken the decision to withdraw previous appointments in response to public concerns,” Nkabane said at the time.
She then called on “all relevant constituencies” to nominate new candidates.
“I take this decision in the interest of good governance and transparency to ensure accountability of the appointment process. In this regard I will reopen the process by issuing a government gazette calling for nominations for a limited run of seven days.
“The process will put emphasis on merit, competencies and relevant experiences, with balanced representations in terms of race, gender, youth and persons with disabilities. Similar to the previous process, all recommended candidates will have to pass the necessary screening and vetting processes.”
But her apparent contrition might be too little too late as the issue is now in the hands of an annoyed Ramaphosa, who is under pressure to act.
The higher education department has restarted the nomination process for Seta chairs. It closes on Thursday.
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