News & Press: Media Statements

Defending cadre deployment will keep governance of SOEs at risk

Friday, 30 April 2021   (6 Comments)

As long as Government’s cadre deployment policy is defended, governance of South Africa’s state-owned entities (SOEs) will remain vulnerable and at risk, says Dr Simo Lushaba, Facilitator of Director Programs at the Institute of Directors in South Africa (IoDSA).

He was reacting to the testimony of President Cyril Ramaphosa before the Zondo Commission of Inquiry into State Capture, who acknowledged that “massive system failures” with board appointments paved the way for SOE failures. At the same time, the President defended cadre deployment.

Lushaba says boards are the custodians of good governance. When there is interference with their appointment it compromises the essence of good corporate governance.

According to King IVs sector supplement for SOEs, the composition of its board is a key factor driving the performance of an SOE. Like the boards of all organisations, an SOE’s board must have the right balance of knowledge, skills, experience, diversity, and independence for it to discharge its governance role and responsibilities objectively and effectively.

The deployment committee, which the President described as overseeing board appointments to SOEs, should thus have been mandated to recommend people who were fit for purpose to be appointed to SOE boards.

By-passing the deployment committee

In addition, some of the SOE board member appointments, now being questioned before the Zondo Commission for their role in state capture, actually bypassed the oversight role of the deployment committee. “The question then is what did the committee do about it. It clearly shows that it is a system that lacks accountability”.

If any individual can bypass a committee of this nature, and it does not act; it can only mean there is no respect for the committee or its mandate.

Parallel structures

Lushaba feels there is a thirst within Government to exercise an undue level of power. South Africa was exposed to state capture because of the abuse of power. State entities failed because of the abuse of power.

Government seems to have satisfied its thirst by creating parallel structures outside of the established oversight Government structures. He argued that if the deployment committee was a structure of Government, as appointments are a responsibility of Government, the deployment committee would account to Parliament. He questioned why the deployment committee operated outside the oversight of Parliament when it carried so much weight in providing names of candidates that are appointed to such key leadership roles in Government and its entities?

Transparency and accountability

Lushaba says that if the deployment committee is retained it should be transparent and accountable. Its meetings should be public, similar to that of the Judicial Service Commission, which is responsible for the appointment of fit for purpose individuals in the judiciary.   The deployment committee should also be accountable for making appointments of individuals who display the necessary competencies and are fit for purpose to serve as directors.

“Without transparency and accountability on board appointments, the current state of SOEs will remain the same or it may even become worse.”

Comments...

Raymond Baloyi says...
Posted Tuesday, 18 May 2021
Raymond Dennis Baloyi is on fumanimb@mweb.co.za for any further engagement, and, clarification on the results of selection system proposed below.
Raymond Baloyi says...
Posted Tuesday, 18 May 2021
Deployment committed of any kind are totally unnecessary in filling up posts at all levels. The filling up of posts must be based on policies ( including manifesto of the governing party), goals and objectives of the institution. Politicians and trade unions can sit on selection processes as observer with no vote and scoring, only trained rofessionals should so. Transparency shoul d not end with closing dates only, but should include confirmation of document receipts and number of applicants and shortlisted candidates should know each other, including the listed result of the interview process. This should kill cadre deployment, especially in the public sector, giving us an efficient Chinese-style civil service based on meritocracy.
Pududu nolo.pududu@gmail.com says...
Posted Wednesday, 05 May 2021
Nowhere in the regulatory framework for public entities is there mention of a deployment committee. Section 49 of the PFMA, which is the authoritative legislation for public entities, states that every entity must have an accounting authority (which is the board for most public entities, and for those that don't have boards, the CEO) which reports to the executive authority. This executive authority will either be a cabinet member or a member of the provincial legislature. The PFMA provides for accountability measures, should the board not perform according to their fiduciary duty. However, if a board is appointed by a deployment committee (which is not legislated and does not legally form part of the legal process for appointing boards) how do we then expect to hold boards accountable? Who is to hold them accountable? The executive authority has actually absconded their duties by allowing their responsibility of appointing the board to be delegated to the deployment committee.
Abiel Mngomezulu says...
Posted Tuesday, 04 May 2021
I am not aware of any system of appointment of Board members or even employees that is not corruptable, nor is there any system of appointment that guarantees that you will not appoint a wrong person for the job. Every system has its flaws it is a matter of putting mechanisms to minimise those flaws. There have been excellent appointments made into some of the SOE's in the past. There has just been a time in our history where all wrong things were done.
Nhlanhla Jili says...
Posted Sunday, 02 May 2021
Well I don't believe that the deployment committee is the legitimate structure that should make or recommend any appointments in the governance of SOE's . You see, the power of a state is divided between three different but interdependent components or arms, namely the executive (Cabinet), the legislature (Parliament) and the judiciary (Courts of Law). Now where does the deployment committee fits in this structure of the STATE? SOE's plays a critical role in the economy of the country and I concur with Dr Lushaba transparency and accountability should be the norm in board appointments.
Sicelo Gqobana says...
Posted Friday, 30 April 2021
I fully concur with Mr Lushaba on all critical aspects of his comments, and further state that the reason why there is no accountability , transparency etc is because this is a party mechanism to influence appointments within government on key strategic positions. The key question the President did not raise is whether individuals appointed to serve in the Deployment committee understands their responsibilities. Do they understand the demands of the tasks of each Department / SOE, if not how are they going to know who fits the purpose