Pretoria High Court suspends Nsfas administrator's appointment and reinstates board pending Part B review application determination.
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The National Student Financial Aid Scheme (Nsfas) board has welcomed the Pretoria High Court’s interim relief suspending the appointment of the scheme’s administrator, as Higher Education and Training Minister Buti Manamela gives the judgment urgent consideration.
The court also directed the former board members to be reinstated pending the final determination of Part B of the review application.
High Court suspends Nsfas administrator and reinstates board
Following Manamela’s decision to place the entity under administration and dissolve the board, the remaining seven board members sought urgent High Court relief.
They contended that the minister’s intervention was procedurally flawed and undermined its authority.
The board members criticised the reasons given by Manamela in the publication of Professor Hlengani Mathebula’s appointment and in the answering affidavit.
“This is an issue that should be ventilated during part B proceedings. It suffices to state that the constant theme has been a growing concern over Nsfas that reached a tipping point in April 2026 when the interim chair resigned together with another board member,” court papers say.
The board members also said that the appointment of an administrator was intended to prevent the appointment of the CEO.
Appointment suspended pending finalisation of part B
“It is contended that the interim chair who resigned was not in support of Mr [Waseem] Carrim being appointed CEO. If the interim chair divulged this to the minister and he acted in response thereto, it would be improper of the minister to interfere in a decision which is purely that of the board,” the documents said.
Manamela, however, disputed this and said the appointment of the CEO is a mere coincidence.
On Friday, the Pretoria High Court ruled that Mathebula’s appointment be suspended pending the finalisation of part B.
“The applicants [board members] are authorised and directed to continue in the management, governance and administration of the Nsfas and to perform any functions of the Nsfas, pending the final determination of part B of this application,” the court also ruled.
The board welcomed the high court’s ruling and the opportunity to resume its governance and responsibilities at the scheme.
Board welcomes ruling and resumption of responsibilities
They also noted that part B of the application remains to be determined by the court. Part B concerns the review and setting aside of Mathebula’s appointment.
“The Nsfas board will resume its duties with immediate effect and will focus on stabilising the institution, strengthening governance, and fulfilling its statutory mandate to provide financial assistance to eligible students across South Africa,” the members said.
They also noted that various concerns and issues have emerged about the scheme, and the board will prioritise addressing these matters.
The board said that if it identifies any wrongdoing, misconduct, or unlawful conduct, it will take appropriate action.
“The board further reaffirms its commitment to working constructively with the minister of Higher Education and Training and all relevant stakeholders in addressing the challenges facing Nsfas and the broader higher education sector,” they said.
Minister Manamela gives judgment consideration
In response to the judgment, Manamela said he is giving the ruling urgent consideration and has sought legal advice on its implications, including available legal remedies and the appropriate steps to take.
“In the meantime, the department will take all necessary steps to ensure the continued effective functioning of Nsfas and, above all, that there is no disruption to student funding and other critical Nsfas functions,” the ministry said in a statement.
“The minister respects the authority of the court and will communicate further once the judgment and the available legal options have been fully considered.”
The High Court’s ruling on Friday comes days after Mathebula faced sharp questioning before Parliament’s portfolio committee on higher education and training after it emerged that he paid four advisors without approval from the minister and Finance Minister Enoch Godongwana.
Committee chairperson Tebogo Letsie described the process as legally and procedurally flawed, recommended that Manamela take action against Mathebula, and called for the advisors to repay the money.
