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Johannesburg - The higher education department will appeal against a Labour Court judgment on changes to the Services Sector Education and Training Authority (Seta), it said on Wednesday.
"It is the intention of the department to appeal this judgment on, amongst others, the grounds that we do not think the judge fully applied her mind on the matter...," department spokesperson Nqaba Nqandela said in a statement.
"Secondly, we are of the view that parts of this judgment may have serious implications for the boundaries and separation of powers between the judiciary and the role of the executive."
Labour Court Judge Annelie Basson ruled 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's chairperson was invalid, as well as his appointment of a new council, one of whose members was Nolwande Mantashe, wife of ANC secretary general Gwede Mantashe.
The publication reported 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.
Nqandela said despite the court's ruling there was "no going back" on efforts to change the Seta system.
"The judgment is only a temporary set-back, as we intend to urgently undertake comprehensive legislative changes to ensure more effective oversight of government over the Setas, align these institutions with the post-school education and training system as a whole, and to ensure that these institutions adequately respond to the national priority of skills development.
"It is also urgent that Seta governance is aligned to best practices, in order also to ensure that the R8bn in their hands achieve the intended objectives."
Services Seta CEO Ivor Blumenthal and eight others took the matter to court.
South Africa has 21 Setas funded with 1% 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, reduce the size of their boards, for him to participate in the selection of board members and to include two ministerial appointees to the boards.
"It is the intention of the department to appeal this judgment on, amongst others, the grounds that we do not think the judge fully applied her mind on the matter...," department spokesperson Nqaba Nqandela said in a statement.
"Secondly, we are of the view that parts of this judgment may have serious implications for the boundaries and separation of powers between the judiciary and the role of the executive."
Labour Court Judge Annelie Basson ruled 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's chairperson was invalid, as well as his appointment of a new council, one of whose members was Nolwande Mantashe, wife of ANC secretary general Gwede Mantashe.
The publication reported 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.
Nqandela said despite the court's ruling there was "no going back" on efforts to change the Seta system.
"The judgment is only a temporary set-back, as we intend to urgently undertake comprehensive legislative changes to ensure more effective oversight of government over the Setas, align these institutions with the post-school education and training system as a whole, and to ensure that these institutions adequately respond to the national priority of skills development.
"It is also urgent that Seta governance is aligned to best practices, in order also to ensure that the R8bn in their hands achieve the intended objectives."
Services Seta CEO Ivor Blumenthal and eight others took the matter to court.
South Africa has 21 Setas funded with 1% 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, reduce the size of their boards, for him to participate in the selection of board members and to include two ministerial appointees to the boards.
