ATC160524: Report of the Ad Hoc Joint Committee on Appointment of Board Members to the National Youth Development Agency, Dated 24 May 2016

Appointment of Public Protector

Report of the Ad Hoc Joint Committee on Appointment of Board Members to the National Youth Development Agency, Dated 24 May 2016

 

The Ad Hoc Joint Committee on Appointment of Board Members to the National Youth Development Agency (NYDA), having considered all the nominations on 24 May 2016 for persons to serve on the Board, reports as follows:

 

1.         Background

 

In a letter dated 6 August 2015, the Minister of Planning, Monitoring and Evaluation referred to the Portfolio Committee on Public Service and Administration to recommend candidates to serve on the Board of the NYDA.

 

Subsequently the Portfolio Committee developed a programme, wherein nominations were requested in a form of an advert, which was placed in national newspapers on 27 November 2015. The Debate in the National Assembly for the consideration of appointing the seven Board Members was scheduled on 25 February 2016. The term of office of the then Board was expiring on 31 March 2016.

 

2.         Introduction

 

In an ATC dated Monday, 22 February 2016 the Speaker of the National Assembly withdrew the referral of a letter by the Minister of Planning, Monitoring and Evaluation to the Portfolio Committee on Public Service and Administration, pending the establishment of the an ad hoc joint committee for this purpose by the National Assembly and National Council of Provinces.

 

3.         The Procedure

 

The Ad Hoc Joint Committee on Appointment of Board Members to the NYDA was established in terms of Joint Rule 142, based on the ATC dated 23rd February 2016. The Co-Chairpersons where elected on 02 March 2016, with the Ad Hoc HoHJoint Committee programme being adopted. The Ad Hoc Joint Committee was composed of 21 Members of both Houses of Parliament.

 

An advertisement calling for nominations for persons to serve on the Board was initially published in the parliamentary website from 04 - 06 March 2016. The deadline for submissions was 08 March 2016, with both Houses of Parliament concluding their businesses in this regard on 15 March 2016. The Ad Hoc Joint Committee felt that the period given for the whole process was not sufficient, and it was resolved that the Presiding Officers of both Houses of Parliament be engaged, and a legal opinion be obtained.

 

4.         Legal Opinion

 

On 07 March 2016, a legal opinion from the Constitutional and Legal Services in Parliament was obtained, wherein it dealt with the reasonableness of the deadline for the appointment of the NYDA Board Members. In essence, the advice obtained was for the Ad Hoc Joint Committee to also consider the other 117 nominations received by the Portfolio Committee on Public Service and Administration in December 2015, in order to supplement the recent March 2016 call for nominations.

 

Following the approval of the extension of the term of office by both Houses of Parliament, the closing date for the advert was extended until 17 March 2016. A total of 131 applications were received.

 

5.         Shortlisting

 

On 23 March 2016, the Ad Hoc Joint Committee undertook the process of shortlisting the candidates for interviews. Following a rigorous process of shortlisting, the Ad Hoc Joint Committee discharged its duties conscientiously and with all due regard to the requirements of thoroughness, fairness and propriety. It was then unanimously resolved that a total of 12 candidates be invited for interviews.

 

Of the 12 candidates shortlisted, it was observed that 2 candidates who are currently serving in the Board, did not fully meet the requirements of the advert, in respect of the three year post-matric qualifications. However, the Ad Hoc Joint Committee was of the view that their exclusion from being considered for their roles that they are currently performing, on the basis of a new requirement, which is not as per legislation, may result in a legal challenge.

 

In addition to the above, it was decided that the motivation for the inclusion of the two candidates for shortlisting was that they were already serving in the current Board, and for the purposes of continuity and experience, a strong case for their inclusion can be made. The two candidates were subsequently therefore included to be interviewed by the Ad Hoc Joint Committee.

 

6.         Verification of Qualifications and Security Checks

 

Following the process of shortlisting and based on the short period given to the Ad Hoc Joint Committee to finalise its business, including the verification of candidates’ qualifications and security checks. The decision to shortlist the 12 candidates was mainly based on the qualifications submitted by candidates during the application process and based on the requirements of the advert.

 

Of the 12 shortlisted candidates, only 10 candidates’ verification of qualifications were done. Only Mr T Tshefuta and T Josophu did not return the Personal Credential Disclosure Forms as required, in order for their qualifications to be verified by Parliament. In respect to Mr T Josophu, he wrote a letter seeking clarification about the process, his letter was responded to by Parliament to indicate that the verification process was in line with the advert requirements. Despite being given further extension, he did not return the Personal Credential Disclosure Form.

 

In respect to Mr T Tshefuta, he did not cooperate with the State Security Agency when he was required to avail himself for further security verification, and indicated to the State Security Agency that he was withdrawing his candidature from the process.

 

7.         Interviews

 

On 29 March 2016, the Ad Hoc Joint Committee interviewed all candidates, who were questioned on the same areas relevant to the role, and they were all assessed based on the essential criteria for the role of NYDA Board Member. Each Member of the Ad Hoc Joint Committee present was given the responsibility of scoring all candidates.

 

8.         Recommendations

 

The Ad Hoc Joint Committee on Appointment of Board Members to the National Youth Development Agency, unanimously recommends the following 7 candidates to be appointed to serve as Board Members to the NYDA:

 

(1). Mr Yershen Pillay

(2). Mr Ndumiso Mokako

(3). Mr Kenneth Morolong

(4). Ms Bavelile Hlongwa

(5). Ms Naledi Maponopono

(6). Ms Zandile Majozi

(7). Mr Sibusiso Ngema

 

Report to be considered.