‘I am being used as a scapegoat’: Suspended Seta CEO approaches Labour Court over R15m lease scandal
· Citizen
The suspended acting CEO of the education, training and development practices Sector Education and Training Authority (Seta) has accused her predecessor, Nombulelo Nxesi, of scapegoating her in a scandal involving a controversial R15 million office lease and allegations of obstructed investigations into R630 million in missing grants.
Nokukhanya Mafahla claims Nombulelo, the wife of former labour minister Thulas Nxesi, was attempting to deflect accountability as scrutiny intensifies over the Seta’s procurement decisions and financial management.
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Court challenge centres on suspension
The explosive allegations form part of Mafahla’s urgent Labour Court application in which she is challenging her suspension and seeking immediate reinstatement, arguing she is being punished for decisions taken at a higher level.
“I am being used as a scapegoat on the issue of procurement, awarding and subsequent management of the head office premises leased from SKG Africa” she said in her founding affidavit.
“As a matter of fact, in April 2024 Nombulelo Nxesi, the former… [CEO] of the education, training and development practices Seta awarded the tender to SKG Africa and signed a lease agreement for the building.”
Questions over procurement process
Mafahla, who was suspended on 2 April, said she served as the head of bids and chair of the bid adjudication committee (BAC) of the Seta.
She states in her affidavit that the committee was made up of herself, as the then chief financial officer, chief operations officer Mabu Raphotle, supply chain management manager Tienie Jooste and manager of special projects Raymond Patel.
Mafahla said it was notable and raises serious concerns of inconsistency and procedural unfairness that Raphotle and Jooste have not been subjected to precautionary suspension, despite being members of the BAC and equally involved in the processes now under scrutiny.
“If the allegations pertaining to my role in the BAC are indeed genuine, there appears to be no rational basis for the selective application of precautionary suspension to me.
“Furthermore, I wish to state that the [bid evaluation committee (BEC)] played a critical and substantive role in the tender process, including the evaluation and scoring of bids, as well as making recommendations to the BAC,” she deposed.
‘Selective application of disciplinary measures’
Mafahla said the procurement outcome was therefore not the product of a single individual or structure, but a collective, multitiered process.
She argues that in the circumstances, it raised serious concerns of procedural fairness and consistency that a precautionary suspension has been selectively applied to her, while no similar action appears to have been taken against members of the BEC who were equally involved in the process under scrutiny.
“The selective application of disciplinary measures in this regard is arbitrary, unjustifiable and indicative of unequal treatment,” Mafahla contends.
Disputed lease at centre of controversy
At the heart of the dispute is a contentious lease agreement with SKG Africa for the Seta’s head office in Braamfontein, Johannesburg, a building alleged to have been uninhabitable, despite the entity reportedly paying about R600 000 a month while staff worked remotely.
Mafahla maintains that the lease was approved and signed off in April 2024 by Nxesi, not by her.
“I am being used as a scapegoat on the issue of procurement, awarding and subsequent management of the head office premises,” Mafahla states in her court papers.
She further alleges that the decision to suspend her contravenes the Seta’s own delegation of authority framework, specifically Item 53, rendering the move procedurally and substantively flawed.
Legal battle
She is lobbying the court to declare her suspension invalid, review and set it aside, and order her immediate return to work.
Mafahla is also seeking a costs order against the respondents, which include the Seta board, the Seta itself and the Minister of Higher Education and Training, Buti Manamela.
The application has been brought on an urgent basis, with Mafahla arguing that the reputational and professional damage she continues to suffer warrants expedited court intervention.
Anna-Joy Motene, Seta spokesperson, said to maintain the integrity of the review and any related processes, the organisation “will refrain from providing further detailed public commentary at this time”.
Nxesi could not be reached for comment.