Advocate Terry Mutau accuses Minister Nkambane of misleading parliament over SETA board appointments

Advocate Terry Mutau has informed Parliament that Minister Nobuhle Nkabane misled them concerning the contentious appointments of the Sector Education and Training Authority (SETA) boards. 

While appearing before the Portfolio Committee on Higher Education, Advocate Mutau, who was appointed by Minister Nkabane as chair of the panel overseeing these appointments, claims he was excluded from crucial stages of the process and that the minister’s statements to Parliament are misleading.

Nkabane has faced allegations of politicised appointments, with reports suggesting that she appointed individuals affiliated with the African National Congress (ANC) without adhering to proper procedures.

This has sparked accusations of political interference, undermining the merit-based selection process for SETA boards.

Adding to the controversy, parliamentary questions have highlighted discrepancies in the appointment process. 

The process was supposed to be overseen by a panel chaired by Mutau, but he asserts he was sidelined and misled about how appointments were made.

Mutau told Parliament that Nkabane provided false or misleading information about the appointment of the boards. 

He explained that he was appointed chair of the panel responsible for overseeing the process but was not involved in the actual selection or finalisation of appointments.

In a lengthy and detailed statement, Mutau recounted that he received a letter from Nkambane on March 18, 2025, appointing him as chair, but was deliberately excluded from subsequent meetings that led to the appointment of individuals, many of whom are linked to the ANC. 

This suggests that this lack of his involvement and transparency resulted in the appointment of politically connected individuals rather than qualified candidates.

“I especially apologise for some of the cutting and pasting in which one will see when you compare the first five paragraphs with the 1st to the sixth paragraph of the letter in response to you, chair,” Mutau explained, highlighting his points in his official correspondence.

He described how he was contacted by officials from Nkabane’s office, including Miss Rhulani Ngwenya, who introduced herself as the Deputy Director-General and the Minister’s advisor. 

Subsequent meetings involved discussions about the expiry of current board terms and the tight deadlines for appointments, which Mutau believed were unrealistic given the complexity of the process.

Mutau said that he expressed concern over the compressed timelines, noting that finalising the appointments by the end of March 2025 was “impossible,” given the need for applicant shortlisting, vetting, and other procedural steps. 

He added he attempted to seek an extension but was told the minister was unavailable, and efforts to convene meetings were thwarted due to unforeseen circumstances. 

Despite his efforts, media reports later indicated that the appointments had been finalised without his involvement, raising questions about procedural irregularities.

“I did not participate in this process, nor did I receive any information relating to it,” Mutau emphasised in his letter to the committee.

He pointed out that the minister appeared to be mistaken or misinformed about his involvement, further fuelling concerns over transparency.

The parliamentary committee expressed deep dissatisfaction with Nkabane’s absence from Friday’s oversight meeting, which was meant to scrutinise the appointment process and her role. 

In a letter to the Portfolio Committee, Deputy Director-General Ngwenya reported that Nkabane’s office had yet to confirm her attendance, and logistical issues prevented her participation.

Committee Chairperson Tebogo Letsie criticised the minister’s absence as a sign of disrespect for parliamentary oversight. 

“This situation undermines the very principles of accountability and transparency,” he said.

Opposition members, including DA’s Karabo Khakhau, voiced strong disapproval. 

Khakhau accused Nkambane of “blatant evasion” and called for disciplinary action, citing her failure to appear and her apparent misrepresentation of facts.

Members of the Committee agreed that the ongoing delays and conflicting accounts warranted further investigation. 

Committee Member David Kgabo suggested that disciplinary procedures under the Powers, Privileges, and Immunities of Parliament Act should be considered for officials found to be in breach of parliamentary rules.

The committee is expected to continue probing Nkabane’s role in the SETA appointment process and accountability from the department next week when she appears before the committee.

thabo.makwakwa@inl.co.za

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