Parliament opposes High Court bid to stop appointment of new board for NYDA

6 July 2021

Parliament is opposing an urgent application from Mr Letlhogonolo Modisane Maimane to stop further steps to appoint a new seven-member National Youth Development Agency (NYDA) Board.

The National Youth Development Act obliges the President to appoint NYDA Board members on recommendation of Parliament. Parliament, consisting of the National Assembly (NA) and the National Council of Provinces (NCOP), jointly established the sub-committee to process applications. Mr Maimane cites only NA Speaker Ms Thandi Modise, as the first respondent, and the co-chairpersons of the Sub-committee of the Portfolio Committee on Women, Youth and Persons with Disabilities, as the second respondent.

Parliament argues that the application should be dismissed on three grounds. Omitting the NCOP Chairperson as a respondent is a material non-joinder and makes the application fatally defective, the application is not urgent and it lacks merit.

The closing date for applications was 9 April. On 8 April, Parliament received Mr Maimane’s application and recorded it as number 690. More than 1 000 people applied for the seven NYDA Board positions and Parliament published the names of all these applicants on its website from 18 to 24 May. This was solely for transparency sake. There was no statutory or other obligation to do so.

On 27 May, Parliament, in terms of section 9(3)(c) of the NYDA Act published the names of the 40 shortlisted candidates on its website. Mr Maimane was not shortlisted. The public had until 5 June to comment on the shortlisted candidates and the subcommittee then had public interviews with all 40.

On 18 June, Mr Maimane instructed his attorneys to issue a letter of demand against the subcommittee. On 22 June, the subcommittee responded to Mr Maimane, making it clear that it would not agree to his demands. On 28 June, Mr Maimane launched his present application and his founding affidavit does not explain this delay.

Mr Maimane also conflates publication of applicants’ CVs on Parliament’s website for transparency purposes with publication of shortlisted applicants for interviews, as the NYDA Act requires. His complaint appears to be that his CV was published a few days after the first CVs started being published on the website.

In his founding affidavit, Mr Maimane claims his rights would be violated if the President appoints the new Board “on grounds that a fair process in as far as the advertisement of all the shortlisted candidates for public comments can be inferred that it was not applied.” This claim is not supported and the case lacks merit.

The matter is set down for hearing this morning at the Western Cape High Court.

Issued by Moloto Mothapo, Media Officer, Parliament, 6 July 2021