The Labour Court has granted an interim interdict preventing Higher Education and Training Minister Buti Manamela from implementing a directive to re-advertise the position of Executive Officer of the National Skills Fund (NSF), pending the outcome of a review application brought by Dr Khathutshelo Innocent Sirovha.
However, the ministry said the court order does not constitute a final ruling on the legality of the minister’s directive and does not amount to an appointment of Sirovha as NSF executive officer but it notes the judgement.
“The Court has not made a final determination on the lawfulness of the directive nor has it declared Dr Sirovha appointed as Executive Officer,” the ministry said.
Manamela said he respected the judgment and would comply fully with the court order while the matter continues through the legal process.
The dispute centres on the recruitment process for the NSF’s top executive position. Sirovha approached the court after Manamela directed that the post be re-advertised, effectively halting a recruitment process that had already been concluded by the NSF board.
The National Skills Fund is a key state entity responsible for funding skills development initiatives and training programmes aimed at improving employment opportunities and addressing skills shortages in South Africa.
The appointment of its chief executive officer is regarded as critical to the organisation’s governance, strategic direction and management of billions of rand earmarked for skills development projects.
The court’s interim order preserves the status quo while the substantive review application is heard. The review is expected to examine whether the minister acted lawfully when he instructed that the position be advertised afresh despite the completion of the recruitment process.
Manamela reiterated his commitment to lawful, fair and transparent recruitment processes, sound governance and the effective functioning of the NSF and institutions within the post-school education and training sector.
However, the minister declined to comment further on the dispute.
“Given that this matter is currently before the courts, the Minister will not comment on the merits of the case while judicial proceedings are under way,” the statement said.
The outcome of the review application is likely to determine whether the recruitment process proceeds from where it was halted or whether the position must be filled through a new round of advertising and interviews.
Until then, the Labour Court’s order prevents the implementation of the minister’s decision to restart the recruitment process.
©Higher Education Media Services.