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The higher education minister conceded that Advocate Terry Motau's appointment was not been finalised
Higher Education and Training Minister Nobuhle Nkabane. Picture: Gallo Images/Fani Mahuntsi
Two individuals named as members of the independent advisory panel that recommended appointments to the Sector Education and Training Authority (Seta) boards have claimed they did not attend any meetings, despite the assertions by Higher Education and Training Minister Nobuhle Nkabane.
Parliament’s Portfolio Committee on Higher Education convened on Friday to question Nkabane over the controversial Seta board chairperson appointments, which drew backlash due to the involvement of candidates with links to the ANC.
The minister, however, failed to attend the meeting, citing her attendance at a TVET College event in the Eastern Cape.
Her chief of staff, Nelisiwe Semane; advisor Asisipho Solani; and the department’s Deputy Director-General Rhulani Ngwenya – who, according to the minister, served on the panel – also failed to appear.
Only Advocate Terry Motau and Mabuza Ngubane, the Higher Education Chief Director for Seta Coordination, were present at Friday’s meeting.
Nkabane in the spotlight over Seta board appointments
After taking an oath, Ngubane told MPs that he received a letter of appointment to serve on the panel as chairperson of the nomination committee on 10 March, but he had not sent a letter of acceptance.
“I viewed this as part of my role as chief director of Seta coordination in the department.
“To my knowledge, there’s no way the process of appointing Seta chairpersons could have been executed without my involvement or my office,” he said.
Ngubane explained that his role was to provide administrative support and technical advice regarding Seta board appointments.
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He stated that he received no remuneration for serving on the panel, as the responsibilities did not go beyond his regular duties.
Notably, the chief director said he attended no meetings related to the appointments.
“It is simply because I did not receive any invitation for the meetings,” Ngubane said.
“I reiterate that neither was I involved in setting any meetings, nor screening the nominations of candidates for the Seta chairpersons,” he added.
Lawyer disputes appointment as panel chairperson
Motau, who previously indicated that an attorneys’ firm needed to formally brief him before he could assume any role as chairperson, said he received an appointment letter – dated 15 March – three days later.
After an initial meeting with Solani, a second meeting was scheduled for 23 March, but Nkabane, Ngwenya, and the advisor did not attend.
“I did not hear anything further as to this process is concerned until I saw from the media reports that the process had been finalised and that the nominations and appointments had been made,” he said.
Motau told the committee that Nkabane later wrote to him after her appearance in Parliament, where she refused to identify the panel members.
READ MORE: ‘Reputational discomfort’: Minister apologises to Advocate Motau over Seta panel claim
In the letter, she requested information about his “participation” in the panel and cautioned him about disclosing his identity to Parliament.
“I could immediately ascertain that the minister was either not properly informed or was mistaken,” the advocate said.
He reiterated that he never engaged with the panel process or attended any meetings.
“The requirement to be formally engaged by an attorney is an issue that I raised with the minister in my letter of response on the 16th of June 2025.”
Motau added that he reminded the minister they had never met to discuss the Seta process.
Nkabane had previously attributed the confusion regarding Motau’s appointment to a “gap in communication” and issued a public apology on 24 June.
‘No one from her office called me’
The two later spoke via a phone call on 17 June, before Nkabane disclosed the names of panel members to the committee.
During the call, the minister told Motau that her office had tried to get in touch with him but was unsuccessful, as he was apparently out of the country.
“I informed the minister what she was told was incorrect and that no one from her office called me,” the lawyer said on Friday.
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Motau further told MPs that he had expressed shock and surprise at Nkabane’s statement to the committee concerning his involvement.
“What I found inexplicable was the minister’s decision to not convene the virtual meeting I suggested [with her staff] to verify the contrary facts that I had raised in the letter and telephonic discussion, but to rather proceed and inform the parliamentary committee that I was appointed as the chair of the panel and that I did not attend any meetings.
“For these reasons, the minister’s disclosure to the portfolio committee insofar as my alleged involvement is concerned was inaccurate.
“In addition, due to the fact that I was not appointed, I was not and could not be remunerated.”
Nkabane’s ‘confusing’ apology
Motau said additional correspondence between him and Nkabane was exchanged on 23 and 24 June.
In one of the three letters, Nkabane referred to the appointment as a misunderstanding and claimed there was no intent to harm his professional reputation.
“I became aware of this letter when I woke up to media reports that were indicating that the minister had reached out to me, had tendered an apology, and the matter had been resolved.
“So that’s when I went to my computer that morning and found [she] had sent this letter on the evening of the 23rd.”
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Motau replied on 24 June, stating that Nkabane’s remarks about him chairing the panel were “inconsistent” with the facts he had already conveyed to her.
“Your apology is, in the circumstances, confusing insofar as it does not objectively engage with the above issue, which is the reason why I am aggrieved, as it is the cause of tarnishing my image and standing in society.
“To conclude, our WhatsApp [texts] of 19 June make it clear what I said is a deviation and incongruence between your statement and preceding events,” the lawyer’s letter to Nkabane read.
Nkabane concedes to misleading Parliament on Seta advisory panel
Nkabane responded that it was “erroneously” stated in her official communication that Motau chaired the panel.
She acknowledged that his appointment had not been finalised at the time his name was cited and apologised.
“I also acknowledge that my representatives were aware of the outstanding procedural requirement, and I regret that this important context was not correctly reflected in the statement to Parliament.
“I take full responsibility for that misstep. I did not intend to mislead the portfolio committee nor to associate your name improperly in a process in which you were not formally engaged,” Nkabane’s letter reads.
Motau later clarified that he never met with Nkabane in person to discuss the matter.
The committee is scheduled to meet next Tuesday, with the minister and departmental officials expected to appear.
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