Union strikes blow against minister

Pretoria - Fedusa said on Thursday that it had successfully opposed an attempt by Higher Education Minister Blade Nzimande to overturn a Labour Court ruling that he unlawfully changed the services training authority constitution, council and chairperson.

The Federation of Unions of SA (Fedusa) said it had also successfully opposed Nzimande's attempt to overturn the ruling that he had unlawfully placed the Services Sector and Education and Training Authority (SSeta) under administration.

In a statement, Fedusa deputy general secretary Krister Janse van Rensburg said a Labour Court order had been obtained which forced Nzimande to execute an order made earlier this month by Judge Annelie Basson.

"This means that the administration and control of the SSETA now reverts back to the original SSETA council and all previous appointments and decisions made by the minister during this period are invalid," said Janse van Rensburg.

Basson ruled that Nzimande did not have the legal power to impose a new constitution on the SSeta, and that the constitution he had tried to impose was in breach of the Skills Development Act.

Basson also ruled that Nzimande's appointment of former ANC office-bearer Dr Sihle Moon as the SSeta's 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.

"Despite the minister's attempts to appeal these rulings, today his application for leave to appeal was dismissed with costs," said Janse van Rensburg.

She said the Labour Court's ruling stipulated that Moon was prohibited from taking any further action in relation to the affairs or staff of the SSETA, as the chairperson, as a member of the minister's council, or in any other capacity.

"This is unfortunately another example of the wasteful spending of tax payers' money," said Janse van Rensburg.

She said the department of higher education and training had made a number of ill-advised decisions, but the public would carry the expense."

She appealed to Nzimande to refrain from further legal action and to start working with the existing Setas.