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Nkabane's controversial refusal to disclose SETA panel members

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Higher Education Minister Nobuhle Nkabane repeatedly refused to disclose the names of members of the panel that selected and recommended the now-withdrawn chairpersons of the Sector and Education Training Authorities (SETA).

This happened as top department officials, including Director-General Nkosinathi Sishi, told the Portfolio Committee on Higher Education that they did not know the people serving on the panel.

Nkabane was appearing before the portfolio committee after she withdrew the appointments of chairpersons for the SETA boards following public outrage after the list of the appointments was leaked.

The appointments had included ANC-aligned people that included former KwaZulu-Natal premier Nomusa Dube-Ncube and Buyambo Mantashe, son of ANC national chairperson and Minister of Minerals and Petroleum Resources Gwede Mantashe.

Briefing the committee on Friday, Nkabane maintained that they complied with the law when processing the appointments, having considered the criteria that candidates met.

“The integrity of the process was beyond scrutiny and reproach,” she said.

Nkabane also said she had appointed the panel using the King 4 Report on Governance to ensure there was a dedicated committee to play oversight.

“This requirement of assigning a dedicated structure to evaluate the nominations was a recommendation by the Auditor-General on boards in 2020,” she said.

The department had obtained 573 nominations, but only 20 were recommended for appointments by the independent panel.

Nkabane told the committee that the panel consisted of very reputable and highly profiled individuals who would do the work voluntarily.

“They don’t claim to execute this responsibility on behalf of the minister.”

She further stated that the panel consisted of five or six people, a similar size to those that made recommendations for the board of the National Student Financial Aid Scheme and university councils.

Asked by DA MP Letta Maseko who the members of the panel were, Nkabane put her foot down.

“There is no need for me to come and declare my volunteers, the people who assisted me voluntarily to execute my responsibilities. I am not in a position. If something wrong you believe happened with the entire process, you shoot the person empowered by legislation to execute the responsibility,” she said.

Pressed again by Maseko to name the panel, Nkabane said: “I can’t share the names. Whatever comes, the responsibility lies with the minister, not them. I am not to drag them.”

Nkabane stood her ground when MK Party MP Mnqobi Msezane said it was of public interest that the panel be named, as well as the criteria used to appoint “ghost people”.

“I still maintain that we want to know who those people are,” Msezane said.

EFF MP Sihle Lonzi said they did not buy Nkabane’s explanation that the initial process was beyond reproach.

In response, Nkabane insisted that the process had no flaws.

“The process was run by a credible and reputable panel. They overlooked demographics,” she said.

When Lonzi asked if Nkabane would disclose “the secret panel”, she referred to advisory councils.

This prompted Lonzi to ask her to answer in yes or no whether she will disclose the names of the people on the panel who took very serious decisions on behalf of the Ministry and the department.

“The people of South Africa want to know where the decisions about higher education are made. Are you willing to tell us the people, yes or no?” asked Lonzi, before promising they would find the names of the panel members.

In response, Nkabane said she was not in court.

“It is not compulsory for me to disclose the independent panel that is assisting the minister. I will find out from them if they are happy I disclose their names. I can’t come here and disclose information. I need to comply with relevant legislation. I am not going to respond to yes or no,” she said.

DA MP Karabo Khakhau said it was an act of shame for Nkabane to be arrogant and tell the committee it was none of its business who the people on the panel that advised her were.

“It is our business as people of this committee. It is the business of the people of South Africa to know,” Khakhau said.

The department has restarted the nominations of the SETA boards’ chairpersons, and nominations are open until June 12.

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