Court Action to Review and Set aside Irregular Seta Appointments by the Minister of Higher Education

The Economic Freedom Fighters (EFF) has today taken decisive legal action to defend the integrity of South Africa’s public institutions by approaching the High Court of South Africa, Gauteng Division, to review and set aside the unlawful and irregular appointments of multiple Sector Education and Training Authority (SETA) Chief Executive Officers by the Minister of Higher Education and Training.

Under Case No. 2026-039497, the EFF has filed a formal application in terms of Rule 53 of the Uniform Rules of Court seeking to declare the conduct of the Minister of Higher Education and Training unlawful, invalid and unconstitutional. The application calls on the Court to review and set aside the appointments of Mr Yershen Pillay (CHIETA), Ms Ayanda Mafuleka (FASSET), Dr Feleng Yende (FP&MSETA), Ms Gugu Mkhize (INSETA), Mr Matome Madibana (MICTSETA), Dr Thabo Shadrack Mashongoane (MQA), Mr Tom Mkhwanazi (W&RSETA), and Ms Nokuthula Selamolela (FOODBEV SETA).

These appointments, made under the authority of the Minister of Higher Education and Training, are being challenged for failing to comply with Regulation 2 of the Skills Development Act 97 of 1998, as promulgated in terms of sections 9(1), 13(2), 14(3A) and 36(s), and gazetted on 4 November 2011. The EFF contends that the Minister acted outside the bounds of the law, disregarding the mandatory regulatory framework governing the appointment of SETA executives.

SETA institutions play a pivotal role in skills development, training funding, and the allocation of billions of rands in public resources intended to empower young people, workers and historically disadvantaged communities. They are not political playgrounds for party deployment, nor are they fundraising vehicles for election campaigns. They are statutory bodies established to advance national development objectives through transparent, merit-based and accountable leadership.

The EFF has consistently opposed the practice of cadre deployment, whereby strategic state institutions are captured and repurposed to serve the narrow political and financial interests of the governing party and its allies. The irregular appointment of individuals aligned to the ANC and SACP into key executive positions within SETAs raises serious concerns that these institutions are being repurposed to facilitate election fundraising networks and patronage consolidation ahead of upcoming electoral contests.

In our Notice of Motion, we have asked the Court to:

1. Declare that the Minister’s conduct in appointing the named individuals as Chief Executive Officers is invalid, unlawful, and reviewed and set aside.

2. Compel the Minister to comply strictly with Regulation 2 of the Skills Development Act within ninety (90) days of  the Court’s order.

3. Direct the Minister to pay the costs of the application on an attorney-and-client scale, including the costs of counsel.

Furthermore, in terms of Rule 53, the Minister has been called upon to produce the full record of decision-making, including minutes and documentation relating to these appointments, so that the Court and the public may scrutinise the basis upon which these decisions were made.

The Constitution demands that public power be exercised lawfully, rationally and in compliance with prescribed procedures. When a Minister disregards binding regulations and bypasses transparent processes, the integrity of governance is compromised, and public trust is eroded.

The EFF refuses to let public institutions intended to uplift the youth and working class are captured to serve factional or patronage interests. South Africa’s young people deserve competent, lawfully appointed leadership in skills development bodies.

We are confident that the Court will uphold the rule of law and affirm that no Minister is above statutory obligations. The outcome of this case will send a clear message that executive authority must be exercised within the confines of legality and accountability.

The EFF has hosted various public forums to discuss economic issues and policies.

Read More at the Source