High Court Halts NSF CEO Battle — Labour Court to Decide Future of the Fund’s Head
Jurisdiction ruling sends the high‑stakes appointment dispute to a new arena, where legality of the Minister’s intervention will face full scrutiny
The battle over the leadership of South Africa’s National Skills Fund (NSF) took a turn when the High Court in Johannesburg ruled that it does not have jurisdiction to hear the urgent application brought by Khathutshelo Innocent Sirovha and the South African Youth Economic Council.
On Thursday, Acting Judge Nxumalo referred the matter to the Labour Court for determination, marking a significant procedural shift in a case that has drawn national attention.
Sirovha, who emerged as the top candidate from 93 applicants for the NSF CEO position, argued that his appointment had been confirmed and acted upon earlier this year. He sought an interim interdict to stop Minister of Higher Education and Training Buti Manamela’s directive to rerun the recruitment process, issued on 17 June 2026.
According to the judgment, the Minister justified the directive on the basis that “material irregularities” had arisen and needed to be addressed before any appointment reached “legal finality”.
However, the Court found that even deciding the interim relief would require interpreting section 29(1)(d) of the Skills Development Act, the very provision Sirovha relied on to assert his “prima facie right” to the position.
The judgment states, “My right flows directly from section 29(1)(d) of the Skills Development Act and from the completed appointment made under it” Because section 31 of the Act grants exclusive jurisdiction to the Labour Court for all matters arising from the Act, the High Court concluded it was “constrained to find that it does not have jurisdiction” to entertain the interim relief sought. In terms of section 31(3), the matter was formally referred to the Labour Court, with each party ordered to pay its own costs.
Where to Next?
The Labour Court will now determine whether Manamela acted lawfully in directing that the recruitment process be restarted — and whether Sirovha’s appointment was validly completed.
Both sides will have the opportunity to amend their papers and seek condonation where necessary.
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