(Subcommittee) NYDA Board Vacancies: deliberations & recommendations

Meeting report

The Chairperson announced that Ms Maurencia Gillion, Select Committee Chairperson of Health and Social Services, had lost her husband and the Committee sends its deepest condolences to her and her family.

The Chairperson thanked Members and staff for the work done so far. The interview scores had been sent to the staff to compile. The scorecards have been consolidated and the staff would present the report.

Briefing on Court Case by Parliamentary Legal Advisor
Dr Herman Tembe, Parliament Legal Officer: Office on Institutions Supporting Democracy,  explained that on 6 July the Committee was taken to court due to its NYDA Board recommendation process. The litigant was Mr Lehlohonolo Maimane who applied to interdict this NYDA recruitment process on the basis that his name was published late on the list of about 1 000 applicants. Fortunately, the case was dismissed on the basis of lack of urgency and Parliament was granted a go-ahead to continue with the process.

There was also a potential case by another applicant but it ended up only as a letter of demand. This has not gone to court yet but it is arguing on a similar ground as the previous litigant. This may be presumed as litigation that Parliament might face.

The Chairperson thanked Dr Tembe for the brief and was pleased that the Committee was able to continue with its work. The Committee has done everything accordingly and gone to great heights to ensure that the process was transparent and open to the public and in accordance with the NYDA Act and relevant prescripts. The Committee Report will be presented to both the National Assembly and the National Council of Provinces and adopted by both Houses, after which it would be presented to the President.

Committee Report on NYDA Board recommendations: briefing
Ms Thabile Ketye, Committee Content Advisor, took Members through the Report which provided a brief background, overall performance of the top 20 candidates, the demographic profile of the candidates and the Sub-Committee resolutions.

The Chairperson asked Dr Tembe to remind them of the concerns raised about the previous NYDA Board recommendation process and its Committee Report  that was referred back to the Committee to restart.

Dr Tembe said that there were three matters that forced the Speaker to seek an external legal opinion. These involved the demographic and geographical spread; disability representation; and the number of recommendations must be more than the number of vacancies. The Committee may recommend 1.5 times or double the number for which there are vacancies. It is the task of the Committee to assist the President who is the appointing authority. If the Committee recommends the exact number, it means the President would merely rubber-stamp the Committee recommendations. The matter of the demographics involved the inclusivity of the demographics of the country and the geographical spread must be representative of the nine provinces. In the deliberations, the Committee must be mindful of affirmative action and the matters raised in the external legal opinion sought by the Speaker. The deliberations must also be alive to the recommendations in the NYDA Act.

Discussion
Mr L Mphithi (DA) said that the Committee in one of its meetings resolved that it would recommend 12 candidates. He failed to understand why the Committee Report analysed 20 instead of 12 candidates. However, he was open to be corrected by the minutes. Secondly, the legal opinion sent to the Speaker needs to be sent to the Committee as well so that the Committee is aware of what that opinion entailed. 

The Chairperson replied that the Committee did not agree on the number. A proposition was made but there was no conclusion on the number. The staff have compiled the top 20 candidates that performed well. It is now the prerogative of the Committee to deliberate on whether it will reduce the number or stick to 20 in line with the concerns raised by Dr Tembe. The top 20 will be analysed in line with those factors.

Ms B Maluleke (ANC) welcomed the Committee Report and was pleased with it. She suggested that the Committee recommend 15 of the top 20 candidates presented in the Committee Report.

Ms N Ntlangwini (EFF) supported the proposal of 15 names to be submitted to the President. This will give the President a pool of candidates from whom he can appoint. This round of the process was very tough considering that it was done during the pandemic.

Ms F Masiko (ANC) said that she would agree with the proposal of 15 names but if the Committee wants to be in the safe zone, which would be a fair representation of gender, race and geographical spread. In recommending 16 candidates, the Committee would be able to get 50% females, a fair representation of race and geographical spread, with seven provinces out of the nine. We need to ensure that the recommendations include persons with disabilities.

Ms T Mgweba (ANC) supported the proposition of 16 recommendations based on the argument that Ms Masiko made. It will be inclusive of the factors outlined by Dr Tembe.

The Chairperson welcomed the suggestion that the Committee look at the recommendations and analyse if the list meets the prescribed factors in the NYDA Act.

Dr Tembe reminded the Committee that the legal opinion recommended that the Committee can recommend 1.5 to double the number of vacancies, which would number 14, not more than that.

The Chairperson said that the Committee will not leave any sector out. The reason the number is higher than 14 was because it is representative of all the sectors and factors outlined in the NYDA Act. If the number stands at 16, it will include geographical spread, gender parity, inclusion of people with disabilities, and race. The Committee is motivating to accommodate all the sectors.

Ms Ntlangwini asked what would be the implications if the Committee went above the 14.

Dr Tembe replied that the technical implication is that it shifts the burden from the Committee to the President. The President was not part of the process and it would seem the Committee was throwing the whole basket to the President asking him to make a choice. There is no legal implication but a technical implication. This would put the President on the spot as the appointing authority.

Ms Ntlangwini said that the President, if he wants to make a decisive or informed decision, he would refer back to the interviews and check them out. He cannot merely pick and choose the names without making an informed decision. The legal opinion is not saying that the Committee must recommend 14 candidates.

Dr Tembe suggested that his colleague, Adv Siviwe Njikela, read the legal opinion to Members.

The Chairperson said that the Committee will motivate for recommending more candidates merely to ensure that all the sectors are represented on the final list of recommendations to the President.

Ms A Maleka (ANC, Mpumalanga) supported 16 recommendations to the President.

Mr Mphithi said that he analysed the proposition of 16 names but when number 17 is cut out, the list does not become representative. We are then left with 14 black Africans, one coloured and one white candidate. There will not be an Indian candidate; if that is not included the list is not representative of what South Africa is. He asked that the Committee to consider including the Indian candidate, which will ensure that there is a representation of the country.

Secondly, in the previous process the Committee was called out for its lack of geographical spread and demographic representation. All the candidates were extraordinary and to increase the number is a relevant call for the President.

The Chairperson conceded to Mr Mphithi's point.

Mr Mphithi suggested that Committee included candidate 17 without removing candidate 16, which would increase the list to 17 because the difference in their scores was not material.

However, Members resolved to go on a short recess to evaluate the CVs of candidates to decide which one to include on the list because the two candidates had strong CVs, experience and qualifications.

The Committee reconvened from the short recess.

The Chairperson said that the Committee looked at the performance of the two candidates and the skills, qualifications and experience that the two candidates possessed.

The Committee Researcher said that after looking at both candidates, they both have identical qualifications and experience. There are no differences between the two of them and they also come from the same province.

Mr Mphithi suggested that the Committee considered including candidate 17 without removing candidate 16, this will enhance the list but it will also ensure that no one is disadvantaged in any way. This would make it a total of 17 candidates for recommendation.

Ms Ntlangwini supported the proposal and added that it will cover seven out of the nine provinces.

Members all agreed on the 17 candidates for recommendation to the President.

Mr M Bara (DA, Gauteng) suggested that it would be important for the Committee to have a covering letter that motivates the Committee's decision for including 17 candidates.

The Chairperson reiterated that the Committee has covered all the items that were raised as flawed in the previous process. This time around the Committee must lobby for the majority to be females and for a female board chairperson. She asked the Content Advisor to read the top 17 candidates for recommendation.

Ms Ketye read out the list of the top 17 recommendations from whom the President could appoint:
Karabo Mosepja Mohale
Molaoli Sekake
Mihlali Pedro Mzileni
Lukhona Afika Mnguni
Paballo Ponoane
Kutloano Esau Rakosa
Micarlo Malan
Avela Mjajubana
Lebogang Mulaisi
Thabo Shingange
Alexandria Syrah Procter
Thulisa Ndlela
Asanda Luwaca
Busisiwe Cathrine Seabe
Nomcebo Nkosi
Nompumelelo Mpatha
Pearl Pillay
 
In terms of age, there are 10 candidates in the 26 to 30 age group; one candidate in the 21 to 25 age group; and six candidates in the 31 to 35 age group. For gender, there are more females than males – nine females and eight males. As for race, there are 14 black Africans (7 males and 7 females), one coloured (male), white (female) and Indian (female) candidate. As for provinces, seven provinces are represented with two from Eastern Cape; six from Gauteng; three from KwaZulu-Natal; one from Limpopo, Mpumalanga and Northern Cape and three from Western Cape. The Committee has met the requirements in terms of demographics, geographical spread and there is also a candidate with a disability.

The Chairperson submitted the names of the candidates to Members for adoption and the top 17 candidates were adopted.

The Committee Reports of the two Committees will be adopted on 8 July.

The Chairperson thanked all Members for availing themselves for this process particularly during the pandemic. She expressed gratitude to all stakeholders and the candidates that took part of the process.

Committee members expressed their gratitude at how the process unfolded and how well the Members worked together and the supportive staff.

The meeting was adjourned.