By Charmaine Ndlela
The Portfolio Committee on Basic Education will seek legal advice after questioning Minister Siviwe Gwarube and the department over alleged irregularities in two senior appointments.
Committee chairperson Joy Maimela said this week that members remained unconvinced by the explanations provided by the minister and the department, particularly over the decision to recommend the second-ranked candidate instead of the top-performing applicant in the Deputy Director General (DDG) post.
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“We were told that the Minister has the authority to do so. However, how is it procedurally fair that the highest-scoring candidate — who also performed best in the assessment — is overlooked simply because such discretion exists? Where is the fairness in the process?” she asked.
The posts were advertised in November 2024 and interviews were held on 5 May 2025.
The committee heard allegations that Gwarube had unduly influenced the DDG appointment process by recommending the second-best performing candidate to Cabinet instead of the top candidate, and that the recommended candidate had been linked to cadre deployment claims.
The committee was told that the leading candidate had ranked highest in both the interview and competency assessment, but that the selection panel’s recommendation was not upheld after the assessment phase.
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In response, Gwarube said she had acted within her executive responsibilities to ensure proper process rather than interfere in it.
She maintained that her recommendation was based on interview performance and overall suitability, and denied any prior knowledge of or relationship with the recommended candidate, including any awareness of the individual’s political affiliations.
“I want to state on the record that…I have never met the individual that I have recommended. I have never heard of her before they applied. I don’t know this individual and I have never interacted with them.” Gwarube said. “The only knowledge I have of this person is what I saw on paper, and when this person came for the interview.”
The committee also dealt with the appointment process for the Chief Director: Communications post.
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It heard allegations that a former chief of staff in the minister’s office had submitted two CVs directly to the human resources unit even though the applicants had not followed the prescribed application process.
It said HR had also been instructed to provide both an A-list of all applicants and a B-list of qualifying candidates. The former chief of staff had since resigned.
Tensions flared over the department’s failure to provide documents requested ahead of the meeting.
Maimela said the omission was unacceptable and undermined Parliament’s work. “We formally wrote to the Minister and the department requesting specific documents in preparation for today’s engagement. These were not provided, nor were reasons given for this failure. This is unacceptable and undermines the work of the committee,” she said.
Committee member Sedukanelo Louw said the committee had been hamstrung in preparing its questioning. “We are looking for documents with regards to our parliamentary privilege. We are, however, covered by the law to do oversight on any matter. Failure for us not to receive documentation is deliberate, since it’s not for the first time. We wanted documentation as to how we can align our line of questioning,” he said.
Other members also raised concerns.
Siphetho Mkhize accused the department of “unresponsiveness, blame shifting and scapegoating”, while Mandla Shiwkambana asked who had taken the decision to withhold the requested documents. Ciska Jordaan supported a proposal that future presentations should be accompanied by a letter explaining what documents could be shared and why others were unavailable.
Maimela said the committee would continue with its oversight work despite any pending executive processes.
“We understand and respect that some matters may still be subject to Cabinet processes. However, pending processes do not absolve the department from accountability to Parliament. The committee will continue to interrogate the processes followed and the governance implications arising from these matters,” she said.
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The committee resolved to seek legal advice on how best to proceed.
The Democratic Alliance, in which Gwarube is a senior member, has backed the minister.
In a statement issued by DA deputy spokesperson on basic education Ciska Jordaan, the party said the department’s chief director for human resources had confirmed that the minister “did not interfere in the recruitment process under discussion”.
The DA said the minister’s actions were “consistent with her legal responsibilities as Executive Authority, including ensuring that recruitment processes are lawful, fair, and based on merit”.
It also cautioned against “unverified claims” and a narrative built on “insinuation rather than evidence”.
