Advocate Busisiwe Mkhwebane The Public Protector South Africa Private Bag X677 Pretoria 0001 Dear Advocate Mkhwebane COMPLAINT: CAPTURING OF THE ADMINISTRATION OF THE NATIONAL STUDENT FINANCIAL AID SCHEME – ALLEGED NEPOTISM AT THE HIGHEST LEVELS, STAFF VICTIMISATION AND PURGE, CORRUPTION AND MALADMINISTRATION As you might be aware, the National Student Financial Aid Scheme (NSFAS) was placed under administration by former Minister of Higher Education and Training Naledi Pandor after its failure to pay out bursaries had led to student protests. I have been approached by concerned NSFAS employees for assistance, and the seriousness of the allegations that are being made lead me to think that this process has been “captured”. There are allegations of nepotism, victimisation and purging of staff, racism, corruption, general maladministration, mismanagement by Dr Randall Carolissen (NSFAS Administrator) in particular, as well as a general collapse of corporate governance at NSFAS. Worst of all is the allegation that the Minister of Higher Education, Science and Technology, Dr Blade Nzimande (who is supposed to oversee this process and is the custodian of good governance) is aware of some of these issues and are seemingly ignoring them and worse still, is involved in nepotism with the appointment of those loyal to him to key NSFAS (and other) positions. I hereby lodge a complaint in terms of Section 6(1) (A) of the Public Protector Act, 1994 and request you to investigate these allegations. To assist you at this point in time, please find attached to this email: 1. Annexure A (98KB) – a document that details various allegations of poor performance, unscrupulous procurement, compromised internal auditing, failures of NSFAS’s IT system, maladministration, racism and compromised oversight. 2. Annexure B (85KB) – a list of key questions regarding allegations against Dr Carolissen in terms of his role in various matters, such as nepotism and maladministration (amongst others, how much of the cumulative irregular expenditure of R7.5 billion NSFAS declared in the 2018/19 financial year was spent under his watch?). 3. Annexure C – a list of staffers and former staffers who have allegedly been victimised, targeted and or purged by Dr Carolissen (not posted due to sensitivity of the information). 4. Annexure D1 and D2 – list of persons allegedly appointed by virtue of their links to Dr Carolissen and other key players. (not posted due to sensitivity of the information) 5. Annexures E and F – allegations around a list of key persons appointed at NSFAS, and other bodies, by virtue of their personal links to Minister Nzimande. (not posted due to sensitivity of the information) I have further and more detailed information in my possession, which I am more than willing to share should you decide to investigate, as it is of paramount importance (at this stage) to protect the identities of the whistle-blowers to avoid further victimisation. I am at your disposal and look forward to engaging with you. Yours faithfully Mr Bantu Holomisa, MP President of the United Democratic Movement
The United Democratic Movement Youth Vanguard is very much dismayed by the decision of the Johannesburg Magistrate Court in dismissing Khanya Cekeshe’s application for bail and denying him leave to appeal his conviction and sentence. This can easily be construed as a rigid application of the law to a political case as the fees must fall protest was a political protest and such an important element cannot be neglected. Another factor is the glaring incompetency of Cekeshe’s previous lawyers in the matter who because of lack of knowledge ill-advised its client and such renders the trial unfair as correctly argued by Cekeshe’s new legal representatives. The very painful part about this case is the fact that Cekeshe is the only student that is languishing behind bars for a call for free education which was later affirmed by the government in power by its pronouncement made on the 16th of December 2017, on free education, other fellow #feesmustfall activists are free, some are under house arrest, Why can’t the Department of Justice do the same for Khanya? He is no criminal nor a threat into the community. When one looks at the decision of the court, it becomes clear that a number of factors were not considered especially the reasons behind violent protests that have become the norm of the day. Our government does not take serious peaceful negotiations. The only language that it is prepared to listened to is when communities or students resort to embark on violent protest actions. So, in this case of Cekeshe, the government is part to blame. The UDMYV doesn’t condone violence but Cekeshe is none other than a victim of circumstances. The UDMYV fully supports the call by the legal practitioners to petition the High Court in this matter. We also appreciate the change of heart to the Minister of Justice and Correctional Services by considering a Presidential pardon because He said he had no support towards the #feesmustfall activists not so long along. As we celebrated his appointment to be a Minister as a young person, now he must give us another reason to celebrate him by doing his work which is assisting young people that are hungry for education such as Khanya Cekeshe. We also call on every young person in this country to supplement the legal advocacy done by Cekeshe’s lawyers by using other forms advocacy to put pressure on the state to release Khanya and allow him to go and spend time with family.
The United Democratic Movement (UDM) in KwaZulu-Natal is saddened by the escalation of violent student demonstrations at the University of KwaZulu-Natal, the Durban University of Technology (DUT) and FET colleges in the province. The UDM condemns any use of force and violence in the strongest terms. We call for cool heads and calm, as violence has already led to the tragic loss of a student’s life. We call on all VCs and university executives to adhere to the national guidelines regarding the admission of new National Student Financial Aid Scheme (NSFAS) students who are from deserving poor families. The national guidelines provide clear directives that should be followed when these students arrive for registration. No deserving underprivileged student should be turned away because of a lack of NSFAS confirmation letters as this infringes on the promises that were made to them. The ruling party should remember that free higher education for poor and deserving households is now their governmental policy and thus requires leadership to implement effectively. There is no turning back the clock. High levels of corruption have already caused resentment of authorities, as well as the ruling party’s government in particular. This situation is balancing on a knife’s edge and violence is likely to spread countrywide, as we are currently seeing at the University of the Witwatersrand. The UDM is of the view that the South African Police Services should act as peace officers and refrain from using firearms and/or stun grenades. The police should enable an environment where peaceful engagement between student leadership, and university and college management are possible. We call on government to release emergency funds to speed up the realisation of this right to free higher education for students from underprivileged backgrounds. This expanded programme can be justified economically, as free education is a strategic economic driver, because it is an investment by the state in the creation of a larger tax base in the long run. A UDM government will add one proviso to this roll-out of fee-free tertiary education, which is that students’ progress shall be monitored and managed as an investment. .. The UDM in Kwa-Zulu Natal express our deepest condolences with the families of the deceased student; to friends, class mates and the entire student movement at the DUT. We will use this period to mourn the senseless death of a young fighter in the struggle for free education. Issued by: Mr Sipho Mbatha Provincial Chairperson UDM KwaZulu-Natal
The United Democratic Movement Youth Vanguard (UDMYV) has taken note of the State of the National Address delivered by President Cyril Ramaphosa today, 16 February 2018. This on the back foot of many young people of South Africa who continue to be marginalised due to lack of job opportunities in the country. The UDMYV welcomes the President’s commitment to “move young South African’s to the centre of the national economic agenda.” Some of the initiatives announced today include: 1. A jobs summit 2. Launch of Youth Employment Service Initiative 3. Establishment of a Youth Working Group represented by all young South Africans. 4. Creation of one million internships in three years. The UDMYV supports these initiatives in principle and would avail its machinery for the success of these programmes as the UDMYV recognises that the exclusion of young people from economic activity is an injustice to the black child in particular. We also hope that these programmes are not designed to appease the African National Congress Youth League whom we believe are enemies of the President in his party’s factional battles. The UDMYV therefore calls for wide representation and inclusion of all youth formations in these programmes. We shall also continue to work with the United Democratic Students’ Movement (UDESMO) at all tertiary institutions to make sure that free education is implemented in order to benefit the millions of young South Africans who seek to venture into higher education and training. The economy needs a new approach that will attract international investors and create jobs. The UDMYV believes that manufacturing through localisation will indeed help to achieve this and that ratings agencies will upgrade South Africa out of junk status. Issued by: Katleho Mothamaha UDMYV Political Liaison Officer, Gauteng plo@udmyv.co.za Yongama Zigebe UDMYV Provincial Secretary, Gauteng Secretarygp@udmyv.co.za yludwe@yahoo.com
Message to students from by Mr Bongani Msomi, UDM Secretary General The United Democratic Movement (UDM) wishes the best of luck to all the young South Africans who will begin a new chapter of life at the institutions of higher learning throughout the Country. We hope that you are ready for new ventures ahead and that you will meet the challenges that cross your paths head-on. Make the most of your education opportunities! As the saying goes: “education is key to success”. When you arrive on campus, remember that your main purpose of being there is not only to better yourselves, but your success will have a positive knock-on effect on your families. Never forget the sacrifices your parents made and all the hard work you have done so far. You will face many obstacles, but do not be led astray or lose focus. You can become whatever you want (and set your goals even higher) through hard work and dedication. South Africa needs more academics who can contribute to finding solutions to the crises we face, be it in finance, politics or health, and so forth. You are our future and must help to find answers to those questions. Even though the UDM has been very vocal about its sympathy for the #FeesMustFall student movement, we urge those students who wish to show their dissatisfaction with the system in a non-violent and non-destructive manner. We understand that desperation and frustration sometimes lead to anger, but civil disobedience – breaking and burning university property – is not the answer. In the long run, such destructive behaviour will only affect you and your studies directly. Please protest in a peaceful manner. The UDM wishes all students a fruitful year of study in 2018. Issued by: Mr Bongani Msomi UDM Secretary General