By Lehlohonolo Lehana.
The Local Government Sector Education and Training Authority (LGSETA) CEO, Ineeleng Molete has filed an urgent court application to challenge the decision to place the LGSETA under administration.
This follows the decision by the Department of Higher Education and Training to place three Seta’s i.e. Ceta, the Services Seta and the Local Government Seta under administration.
SA’s 21 Setas were established by the 1998 Skills Act with the aim of providing workers with the skills required by the market. But many Setas are mired in allegations of corruption and mismanagement, and the sector as a whole is failing to reduce unemployment or alleviate the need to import artisan skills.
Minister of Higher Education and Training Buti Manamela instructed the Director General to place three Seta’s under administration, saying that these Setas were failing, lapsing in oversight, and experiencing board instability.
Manamela appointed Zukile Christopher Mvalo as the Local Government Seta administrator, with Dithabe Oupa Nkoane as the head of the Ceta and Lehlogonolo Alfred Masoga to take over at the Services Seta. Their tenures as administrators will last a year.
Manamela has since been under increasing pressure to come clean over his controversial appointments of the three individuals.
The appointments have been slammed as unlawful by industry players and certain political parties, including the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF).
Manamela called in the Public Service Commission (PSC) to probe three individuals he had appointed to these positions.
Placing higher education entities under administration is a significant and regulated intervention aimed at addressing severe governance and operational failures. If an audit or any other information reveals serious financial mismanagement, corruption or a lack of proper accounting, the minister has the authority to step in.
Once the minister appoints an administrator, the administrator effectively takes over the powers, functions and duties of the institution’s council for a specific period, which is determined by the minister and can be extended.
Setas have been plagued by governance failures and corruption.
Molete wants the court to review and set aside the decision to place the Seta under administration, citing lack of consultation.
In the court papers that Fullview has seen, Molete argues the minister’s direction to appoint the administrator for the LGSETA is unconstitutional and unlawful for lack of consultation with the Seta and the decision was also irrational.
Molete cite sec 172 (1) (a) of the constitution, that the Minister’s direction and Director General decision is invalid.
Manamela, Director General Dr Nkosinathi Sishi, LGSETA administrator Zukile Mvalo and National Skills Fund are cited as respondents in the application.
Fullview attempted to get a comment from the department at the time of publishing this story but to no avail and it will be updated once received.