EFF Launches High Court Bid to Overturn Manamela's SETA CEO Appointments
The Economic Freedom Fighters (EFF) has filed an urgent application at the Gauteng High Court in Johannesburg, seeking to review and nullify eight Chief Executive Officer (CEO) appointments made by Minister of Higher Education and Training, Buti Manamela. EFF Member of Parliament (MP) Sihle Lonzi argues that these reappointments for five-year terms violate key regulations under the Skills Development Act (SDA) of 1998, undermining transparency and merit in leadership selection. This legal showdown highlights ongoing tensions in South Africa's skills development landscape, directly affecting funding flows to Technical and Vocational Education and Training (TVET) colleges and universities.
Manamela, appointed after the 2024 elections amid a cabinet reshuffle, defends the moves as within his executive prerogative to ensure stability in crisis-hit Sector Education and Training Authorities (SETAs). The case, docketed as 2026-039497, demands the court declare the appointments unlawful, compel a proper recruitment process within 90 days, and award punitive costs against the minister.
What Are SETAs and Why Do They Matter for South African Higher Education?
Sector Education and Training Authorities (SETAs) are statutory bodies established under the Skills Development Act 97 of 1998 to promote skills development in specific economic sectors. There are 21 SETAs in South Africa, each collecting a 1% Skills Development Levy (SDL) from qualifying employers—totaling over R20 billion annually in recent years. These funds support learnerships, apprenticeships, internships, and skills programmes, often delivered through TVET colleges, Community Education and Training (CET) colleges, and universities.
In the higher education context, SETAs bridge the gap between formal qualifications and workplace readiness. For instance, they fund artisan training at TVETs, addressing South Africa's youth unemployment rate, which hovered around 45% in 2025. Poor SETA governance risks disrupting these pipelines, leaving graduates from institutions like the 50 public TVET colleges without practical experience. Explore higher ed jobs in skills training for opportunities in this vital sector.
The Eight Contested Appointments: Who Are the CEOs?
The disputed reappointments, announced in late 2025, extend terms for incumbents without a competitive process. Here's the list:
- Yershen Pillay (CHIETA - Chemical Industries Education & Training Authority)
- Ayanda Mafuleka (FASSET - Finance & Accounting Services SETA)
- Dr Feleng Yende (FP&M SETA - Fibre Processing & Manufacturing SETA)
- Gugu Mkhize (INSETA - Insurance SETA)
- Matome Madibana (MICT SETA - Media, Information & Communication Technologies SETA)
- Thabo Shadrack Mashongoane (MQA - Mining Qualifications Authority)
- Tom Mkhwanazi (W&R SETA - Wholesale & Retail SETA)
- Nokuthula Selamolela (FoodBev SETA - Food & Beverages SETA)
Critics note forensic probes into some, like CHIETA's SIU investigation for maladministration.
Legal Grounds: Breaching Regulation 2 of the Skills Development Regulations
Regulation 2, gazetted on 4 November 2011, mandates a rigorous process for SETA CEO appointments: national advertising, formation of a selection committee, shortlisting, interviews, and recommendation of three candidates to the minister.Skills Development Regulations The EFF claims Manamela bypassed this entirely, sending letters to newly formed boards on 29 September and 6 October 2025 with deadlines of 30 September and 10 October—impossible for boards with minimal meetings to assess performance.
This echoes prior DA and EFF criticisms of 'unlawful, illogical' reappointments, ignoring legal opinions on CEO ineligibility post-term.
Minister Manamela's Defense and Broader Context
Manamela asserts the appointments fall under ministerial discretion for extensions, requiring no advertisement or committee, aimed at stabilizing SETAs amid governance crises. He cited board compliance post-deadline and the need to reset after scandals that ousted predecessor Nobuhle Nkabane. Yet, earlier perjury accusations from EFF over conflicting parliamentary and court statements linger.
The Department of Higher Education and Training (DHET) oversees SETAs alongside 26 universities and 50 TVETs, making leadership integrity crucial. Check higher ed career advice for navigating skills sectors.
A History of SETA Governance Failures and Corruption Probes
SETAs have long battled issues: qualified audits, irregular expenditure, and administrations. In 2025/26, R20.8 billion in levies faced mismanagement risks. Examples include Services SETA scandals and BankSETA oversight lapses. OUTA labels them a 'cesspool of corruption,' with cadre deployments exacerbating skills mismatches despite high youth joblessness.
| SETA | Key Issue |
|---|---|
| CHIETA | SIU probe on CEO Pillay |
| INSETA | Four qualified audits |
| BankSETA | Severe financial oversight failures |
Stakeholder Reactions: DA, OUTA, and Beyond
The Democratic Alliance (DA) slammed earlier administrator picks as 'R800m corruption-implicated cadres.' OUTA launched its own court challenge against INSETA's Gugu Mkhize reappointment, citing unlawful processes and poor performance. Unions and TVET principals worry about funding delays impacting 2026 enrolments. For South Africa-specific roles, visit AcademicJobs ZA.
Impacts on TVET Colleges, Learnerships, and Youth Skills Development
SETAs fund 70% of TVET artisan programmes and thousands of learnerships annually, but governance woes lead to inefficiencies—learners cost more than university grads with poorer outcomes. Delays in R36 billion NSFAS-like disbursements exacerbate protests at colleges like DUT and Wits. Transparent leadership could boost apprenticeship completions, vital for sectors like mining (MQA) and ICT (MICT SETA).
- Learnerships: Theory + workplace (1-3 years)
- Apprenticeships: Trade skills via TVETs
- Impacts: 500k+ rejected uni/TVET applicants yearly need SETA bridges
Potential Outcomes, Reforms, and Future Outlook
If successful, the EFF case forces merit-based hires, restoring trust. Proposed solutions: Limit admin tenures (OUTA), digital levy tracking, SETA-TVET partnerships. President Ramaphosa's SONA pledged SETA reforms; this ruling could catalyze them. For career growth, see rate my professor or higher ed jobs. In conclusion, resolving this controversy ensures SETAs effectively support South Africa's higher education ecosystem, empowering youth through quality skills training.
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