Labour Court blocks Manamela’s move to re-advertise NSF CEO post

The interim interdict will remain in place pending the final determination of Sirovha's substantive review application. Higher Education and Training Minister Buti Manamela will have to wait for the outcome of a court review before proceeding with his directive to re-advertise the National Skills Fund (NSF) executive officer position. The Labour Court on Tuesday, 13 October, granted an interim interdict preventing the implementation of Manamela’s directive, pending the final determination of a review application brought by Dr Khathutshelo Innocent Sirovha. The ministry said Manamela had noted the judgment and would comply with the court order. “The Minister respects the judgment and will comply fully with the Court’s order,” the ministry said. Court has not made final ruling The ministry stressed that the judgment did not settle the dispute over the recruitment process or determine whether Manamela’s directive to re-advertise the position was lawful. It also clarified that the court had not declared Sirovha appointed as the NSF executive officer. “The Court has not made a final determination on the lawfulness of the directive nor has it declared Dr Sirovha appointed as Executive Officer,” the ministry said. The interim interdict will remain in place pending the final determination of Sirovha’s substantive review application. Manamela commits to fair recruitment The minister reiterated his commitment to lawful and transparent recruitment processes, sound governance and the effective functioning of the NSF and institutions in the post-school education and training (PSET) sector. The ministry said Manamela would not comment further on the merits of the case while the judicial proceedings remained under way. “Given that this matter is currently before the courts, the Minister will not comment on the merits of the case while judicial proceedings are under way,” it said. The NSF is part of the post-school education and training sector overseen by the Department of Higher Education and Training.