ATC170207: Report of the Ad Hoc Joint Committee on Appointment of Board Members to the National Youth Development Agency (NYDA), Dated 07 February 2017
Report of the Ad Hoc Joint Committee on Appointment of Board Members to the National Youth Development Agency (NYDA), Dated 07 February 2017
The Ad Hoc Joint Committee on Appointment of Board Members to the National Youth Development Agency (hereinafter referred to as the Committee), having considered the request by the Speaker of the National Assembly (NA) and the Chairperson of the National Council of Provinces (NCOP) to re-establish the Ad Hoc Joint Committee to facilitate the appointment of persons to serve on the board of the National Youth Development Agency (NYDA) with effect from 02 November 2016, reports as follows:
The NYDA was established in 2009, following a merger between Umsobomvu Youth Fund and the National Youth Commission. The NYDA derives its mandate from the legislative frameworks, including the National Youth Development Agency Act (Act 54 of 2008), the National Youth Policy (2015–2020) and the Integrated Youth Development Strategy.
Section 9 of the NYDA Act stipulates that the Board consists of seven members, two of whom are Executive Directors. Members of the Board hold office for a period of three years and are appointed by the President, on the recommendation of Parliament. The term of office of the NYDA Board expired on 31 March 2016.
On the ATC dated 23 February 2016, Parliament established in terms of Joint Rule 142 an Ad Hoc Joint Committee on Appointment of Board Members to the NYDA. On 29 February 2016, both Houses of Parliament nominated and announced Members to serve on the Committee. The same membership was reconfirmed on 10 November 2016 when both Houses of Parliament re-established the Ad Hoc Joint Committee.
2. Composition of Members of the Ad Hoc Joint Committee
The Ad Hoc Joint Committee is composed of the following Members from:
African National Congress
Mapulane, Mr MP
Mkongi, Mr BM
Lesoma, Ms RMM
Mokoto, Ms NR
Manana, Ms DP
Tseke, Ms GK
Cassim, Mr Y
Marais, Mr EJ
Economic Freedom Fighters
Shivambu, Mr NF
Inkatha Freedom Party
Hlengwa, Mr M
National Freedom Party
Mncwabe, Mr SC
African Independent Congress
Jafta, Mr SM [Alternate]
NATIONAL COUNCIL OF PROVINCES
African National Congress
Ncitha, Ms Z (Eastern Cape)
Mohapi, Mr MJ (Free State)
Motara, Ms T (Gauteng)
Mhlanga, Mr MT (Mpumalanga)
Nthebe, Mr BG (North West)
Manopole, Ms GM (Northern Cape)
Mpambo-Sibhukwana, Ms TG (Western Cape)
Inkatha Freedom Party
Khawula, Mr M (KwaZulu-Natal)
3. Process undertaken by the Ad Hoc Joint Committee
The Committee was established in terms of Joint Rule 142, based on the ATC dated 23 February 2016. The Co-Chairpersons where appointed on 2nd March 2016, with the HoHJoint Committee programme being adopted. The Committee concluded its mandate on 24 May 2016 having tabled its report in both Houses of Parliament, with recommended candidates to serve as Board Members of the NYDA. However, the report was provisionally withdrawn by both Houses of Parliament and subsequently referred back to the Committee for reconsideration.
On the 2nd November 2016, both Houses of Parliament re-established the Ad Hoc Joint Committee to continue with the mandate bestowed on it. The Committee held its first meeting to discuss issues raised regarding the qualifications and age requirement on the advert. The Committee, after having received legal opinion from Parliament’s Legal Services, resolved to follow the legal advice in line with the NYDA Act.
On 13 November 2016, Parliament re-advertised on various local, regional and national newspapers, including the parliamentary website, inviting applications for persons to serve on the NYDA Board. The deadline for application was 18 November 2016. A total of 487 applications were received on 7 December 2016. Parliament Legal Services was involved in all stages of the process since the establishment of the Committee.
Since the NYDA Act is silent on the requirements of members to serve on the board, the Committee developed a set criteria to screen and shortlist applicants based on the capabilities of candidates. The following criteria was used for screening and shortlisting:
- A South African citizen,
- Demographics and geographical spread,
- Knowledge and experience on youth development interventions
- Proven track-record and performance on youth development, leadership and participation in youth structures, and
- Sound judgement, high integrity, reliability, independence, team player and commitment to serve the NYDA mission and goals.
Having screened all 487 applicants curriculum vitae’s, the Committee discharged its duties conscientiously and with all due regard to the requirements of thoroughness, openness and transparency. The Committee had a lengthy discussion on a specific number of candidates to be shortlisted. There were different views with regards to the number of candidates to be shortlisted. The Democratic Alliance (DA) objected to the proposed number of candidates to be shortlisted and recommended the shortlisting of 23 candidates. The Committee however resolved to shortlist 14 candidates, and Members of the DA participated, despite their earlier objection about the number of candidates to be shortlisted. All shortlisted candidates’ curriculum vitae’s were published on the parliamentary website for transparency purposes.
Parliament Support Staff prepared draft guidelines and an interview framework to advise members of the Committee to ensure the interview process is within the ambit of the NYDA mandate. The Committee adopted the framework and agreed to ask shortlisted candidates six (6) structured questions without any deviation.
All candidates were subjected to security vetting on the basis of adhering to Section 10 of the NYDA Act. The report on the outcome of the security vetting was presented to the Committee on 24 January 2017. Having received the report, the Committee requested Parliament Legal Services’ to provide a legal opinion on the interpretation of Section 10 of the NYDA Act. Based on the legal opinion received by the Committee, all candidates shortlisted were eligible to be recommended to the NYDA Board. With regards to the Black Management Forum (BMF) letter received concerning the process, the Committee acknowledged issues raised. The Committee agreed that the letter emphasised importance of ensuring the process is in compliance with the Act and transparency.
On 25 January 2017, the Committee interviewed thirteen (13) candidates, one (1) candidate withdrew from the process. During the interviews, all thirteen (13) candidates were questioned on the same areas relevant to the role and responsibility of the NYDA. All candidates were assessed based on the essential criteria for the role of being an NYDA Board. The Committee agreed on its housekeeping rule that Members who participated in interviewing all 13 candidates will be eligible to deliberate in the process of recommending suitable seven (7) candidates to the Board of the NYDA.
4.1 The Committee resolved to recommend the following seven (7) candidates to both Houses of Parliament to be appointed by the President to serve as Board Members in the NYDA for a period of three years:
(1) Mr Ndumiso Thokozani Mokako Mpumalanga Province
(2) Mr Itiseng Kenneth Morolong North West Province
(3) Mr Yershen Pillay KwaZulu-Natal Province
(4) Mr Sifiso John Mtsweni Western Cape Province
(5) Ms Zandile Majozi Gauteng Province
(6) Ms Bavelile Gloria Hlongwa KwaZulu-Natal Province
(7) Ms Khomotjo Joy Maimela Limpopo Province
Honourable EJ Marais of the DA reserved his right not to support the recommended candidates for appointment as Board Members to the NYDA.
4.2 The Committee recommend that the Department of Planning, Monitoring and Evaluation should, after consultation with youth structures in the country, together with the NYDA, swiftly propose amendments to the NYDA Act. The process of amending the NYDA Act should consider changing the Act to be Section 76 rather than a Section 75 Bill.
4.3 The proposed amendments should be explicit on specific criteria to be considered for appointment, and takes cognisance of issues pertaining to age, experience and qualifications’ requirements of Board Members.
4.4 The Committee recommend to Parliament, through its Joint Committee on Ethics and Members’ Interests to investigate Honourable Y Cassim, regarding his conduct during the meeting of 24 January 2017, of posting tweets on his twitter account while the Committee was in session, where he attacked the Co-Chairperson.
5. Conclusion and Appreciation
The Committee would like to assure citizens that it has complied with all sections of the NYDA Act in recommending candidates for the appointment to serve on the NYDA Board. In addition, the Committee expressed dissatisfaction in the manner in which the Democratic Alliance and Economic Freedom Fighters members participated in the process.
The Committee is confident that all candidates recommended for the appointment have an understanding of the NYDA mandate and are passionate about youth development in the country. They are all fit and proper persons to serve young people in the country with distinction in addressing socio-economic challenges facing the youth. The Committee would like to thank all candidates for making themselves available to be considered for appointment as NYDA Board Members. Further appreciated the good work done by Members of the Committee and the Support Staff.
Report to be considered.
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