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 (UDM Youth Vanguard) is disgusted and angry at higher education minister Naledi Pandor’s deafening silence when, year-by-year, students are driven to protest to get their basic right to education upheld. The dream of free tertiary education in South Africa is fleeting and the promise itself rings hollow. The ruling party has once again shown that they have no capacity to deliver on its promises made to needy students across the country. The Durban University of Technology (DUT) fatal shooting is one of many incidents propelled by the lack of urgency displayed by the education department and government in resolving not just issues at institutions of learning, but service delivery in our society at large. They always wait until the blood of the innocent is spilt on the streets of our country and then act as a mighty saviour whilst our peers die fighting for equality and freedom. The UDM Youth Vanguard feels that we are not free until the means of education is granted to all of us and the doors of equal opportunity are open to each and every young person in South Africa. We call on minister Pandor to intervene now, not only at the KwaZulu-Natal tertiary institutions, but also at the University of the Witwatersrand and other institutions that are going through a similar crisis, before the situation further deteriorates. Our deepest condolences to the bereaved family, friends and colleagues of the fallen young hero who died at the DUT. Issued by Mr Yongama Zigebe Gauteng Provincial Secretary, UDM Youth Vanguard
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
The United Democratic Movement (UDM) is concerned by the #FeesMustFall protests that have, yet again, forced several institutions of higher learning to grind to a halt, and interrupted exams. The UDM expresses sympathy with our students’ plight and we believe their grievances are real, and their demands, valid. What boggles the mind is that, Government and university managements do not learn from experience. These protests have dragged on for far too long; their poor handling of students’ grievances has already compromised more than two years of academic activities. The UDM supports their call for free education, but we are concerned about the loss of academic time and learning opportunities. The cause of this unhappiness remains the African National Congress’ election promises of free education, which it reneged upon. President Zuma has failed to address the problem in the past. He continues to undermine the people, by fighting his own political battles at the expense of a public waiting for service delivery. The UDM is also doubtful that the new Higher Education Minister, Hlengiwe Mkhize, will be able to handle the current crisis. Only time will tell. As in the past, these protests seem to be hijacked by criminal elements. The UDM condemns any damage to public and private property and call on students to not get carried away in the heat of the moment, or be influenced by opportunists who want to exploit the situation. We urge you to take ownership of your cause in a peaceful and responsible manner. The UDM believes education is a stepping stone for democracy. An educated and healthy citizenry is needed to grow and develop our economy so that we are capacitated to eradicate poverty and inequality, and to generate employment. We therefore call on Government and all stakeholders, to swiftly find sustainable ways to solve the education crisis; for if this does not happen, these protests will remain a yearly occurrence. Statement by: Mr Bongani Msomi UDM Secretary General
Honourable Baleka Mbete, MP Speaker of the National Assembly PO Box 15 Cape Town 8000 Dear Madam Speaker #FeesMustFall: REQUEST FOR URGENT DEPLOYMENT OF MEMBERS OF PARLIAMENT TO INTERVENE AND ASSIST IN FINDING SOLUTIONS A precedent was created last year, during the terrible xenophobic attacks where we, as the Parliament of the People, were dispatched to calm the situation and try to find solutions to the problems we faced as a nation. Whilst the United Democratic Movement (UDM) supports the principle of free education, the #FeesMustFall campaign, in its current form, is out of control. The fact that the academic year has been interrupted and the destruction of learning infrastructure, personal injury, arson and vandalism is unacceptable. The UDM believes that the current state of affairs at our tertiary institutions warrants urgent attention and that we do everything in our power to try to find a speedy and lasting solution. We have a responsibility as leaders in our communities to see if we cannot find independent persons to mediate between students, institutional representatives and government stakeholders. While we understand the heavy workload of Parliamentarians ahead of the Medium-term Budget Policy Statement later this month, we request that Members of Parliament be sent to our communities and the affected institutions to speak to the citizens of our country and the disillusioned students. We all have a responsibility to build a South Africa in which we all look forward to the sunrise of our tomorrow. Your sincerely, Mr Nqabayomzi Kwankwa, MP UDM Chief Whip
Thank you for affording the United Democratic Movement (UDM) the opportunity to participate in this meeting and contribute to a discussion that will hopefully find lasting solutions to the current impasse at our higher education institutions. 1. Introduction During the first democratic elections in South Africa in 1994, I was privileged to be chosen as part of the Top 8 persons who campaigned for the African National Congress (ANC). We crossed the length and breadth of the Country and I personally addressed over a 105 rallies in our villages, towns and cities from January to April that year. At all of these electioneering events, the issue of free education took centre stage. Based on this election promise, amongst others, the ANC was voted into power and thus given a mandate to fulfil the election promises it made. When the ANC made its assurances in 1994, it did not qualify its promise of free education by saying it would only include a certain group of people. No, it was free education for all. Sadly, 22 years after the fact, young South Africans still do not have access to free education. Instead we see our youth violently protesting the state of affairs at a cost of around R600 million to the public purse thus far. Although the UDM condemns the damage to public and private property in no uncertain terms, we cannot help but have some sympathy with our students’ plight. The ANC has been in power for more than two decades and has yet to fulfil the mandate given to it by the people. To further confuse matters, the security cluster chooses to mislead the nation and hide behind conspiracy theories; alleging that a “third force” is at work. The UDM rejects these excuses outright. 2. The Fees Must Fall campaign and the work of the Fees Commission As a result of the ANC’s empty promises, we are now facing a very dangerous situation where our children have taken matters into their own hands. It is worthwhile to note that, during the past century, it has been students who affected change in their countries – the protest action of students in Egypt, in the past few years, is a good example. In response to the Fees Must Fall campaign, President Zuma instituted a commission of inquiry into the broader issues affecting the funding of higher education i.e. the Fees Commission. However, instead of waiting for the outcome of the Commission’s investigation, the Minister of Higher Education and Training, Mr Blade Nzimande, has now announced interim measures, effectively suggesting that university councils may increase tuition fees to a maximum of 8% for the 2017 academic season. This has been touted as the maximum that government can afford to cover poor students and the so-called “missing middle”. These interim measures could, however, be perceived as pre-emptive to the work of the Fees Commission and borders on undermining the process. In addition, such interim measures provide no lasting solution to the current crisis. It is unsustainable. The UDM suggests that fee increases should be halted pending the outcome of the work of the Fees Commission. If there is an urgent need to make funding available, let government take the funds being wasted on non-priority issues and divert those to higher education. 3. Turning higher education into a political football The genuine demand for free, and quality, higher education has unfortunately been turned into a political matter, which is effectively being abused by the contending factions of the ruling alliance. South Africa cannot afford a situation where education is used to settle political scores within the ANC. We desperately need strong higher education institutions that produce students with the relevant skills for our socio-economic development. 4. Higher education and its role in the economy We have one of the most unequal societies in the world and our economy is not growing. An educated and healthy citizenry is needed to grow and develop our economy so that we are capacitated to eradicate poverty and inequality, and to generate employment. Higher education is a social mobility mechanism, which both the poor and middle strata sees as a ladder into an affluent society. In other words, getting a degree is a passport to employment and a better life. The UDM has confidence in the Fees Commission’s process as spearheaded by leaders in academia and broader society. 5. The poor must have access to higher education The UDM believes that special attention should be paid to poor students who are unable, or is struggling, to pay their tuition fees. We agree that subsidies for the children of domestic workers, or worse, unemployed persons, cannot be the same as those for the children of advocates, doctors and investment bankers. The reality is that there are those deserving students who need to be totally subsidised by government. The lack of such support is the reason why, in part, students are still up in arms and toyi-toying, resulting in the closure of many campuses on the eve of final exams. 6. Finding a sustainable, lasting solution to the crisis Nobody wants to see an escalation of campus violence and vandalism, which destroys the assets invested to educate our future leaders. The UDM believes that it is possible to make higher education accessible to all and that this has to be done. In order to do so, we require ethical leadership from all stakeholders, including those dealing with law and order. The UDM therefore lauds the open and honest dialogue amongst all stakeholders to find a way forward. In addition, the UDM calls upon the private sector to look into other ways of increasing their financial support to students in order to make education affordable to the poor and the working class. Government, on the other hand, must stop splashing public money on wasteful and unproductive expenses. Just this past week, we heard that government departments have not yielded to Finance Minister Pravin Gordhan’s call to save money and cut costs. It was reported that R35,2 billion was spent on consultants, travel, catering and entertainment. The UDM has long held the view that the continuous outsourcing of government work, which ought to be done by civil servants, is expensive and perpetuates poor service delivery. As a crisis measure, the Finance Director General should convene an urgent meeting with all other Directors General to place a moratorium on wasteful expenditure. In so doing, government can start channelling saved funds into higher education, other needy areas, in order to rescue the current situation. The UDM also feels that the forthcoming meeting of stakeholders in higher education called by President Zuma is likely to be another talk-shop. The nation expects nothing less than the release of an interim report by the Fees Commission on the work that they have done thus far. We are fed-up with useless indabas that produce no real solutions to the nation’s problems. It is a sad fact that President Zuma has failed the country in a situation where we need his decisive leadership. We hope that the President realises that his Education Minister, with the announcement of the fees hike, is in essence undermining his decisions and pre-empting the recommendations of his Fees Commission.