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Cosatu backs Seta appeal

ohannesburg - Cosatu public service unions fully support the higher education department in its appeal against a Labour Court judgment on changes to the Services Sector Education and Training Authority (Seta).

Spokesperson Mugwena Maluleke said on Thursday that public service unions affiliated to Cosatu had noted with "interest and concern" the judgment made at the Labour Court regarding the issue brought by the CEO of the Services Seta's, Ivor Blumenthal.

"We fully support the decision by the Department of Higher Education and Training to appeal the judgment because we do not think the judge soberly considered this matter and the judgment is not in the interest of the poor majority," Maluleke said.

Labour Court Judge Annelie Basson ruled on Tuesday that Higher Education and Training Minister Blade Nzimande did not have the legal power to impose a new constitution on the Services Seta, and that the constitution he had tried to impose was in breach of the Skills Development Act, Business Day reported on Wednesday.

Basson also ruled that Nzimande's appointment of former ANC office-bearer Sihle Moon as the Seta chairperson was invalid, as was his appointment of a new council, one of whose members was Nolwande Mantashe, the wife of ANC secretary general Gwede Mantashe.

Business Day reported that the Services Seta would return to court to ask it to overturn Nzimande's decision last week to transfer R1bn from its bank account to the National Skills Fund.

Parliament heard earlier this year that the fund had a budget deficit just under this amount.

Blumenthal and eight others took the matter to court.

South Africa has 21 Setas funded by one percent of the payrolls of companies with profits of over R500 000. They provide post-school skills training.

Nzimande wants them to have one standard constitution, to reduce the size of their boards, for him to participate in the selection of board members and to include two ministerial appointees on the boards.

Maluleke said Blumenthal, through the court case, was trying to block the "much needed" transformation of the Setas.

"This judgment will be contested by Cosatu unions in the public service because we view Mr Blumenthal's legal challenge as part of an anti-transformation liberal offensive that is trying to defend and maintain the status quo.

"We are not going to sit and watch while people are using our democratic institutions to block transformation and continue to use education and training institutions as welfare agencies for themselves and their cronies," he said.   

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