(Sub-Committee) CDA Board Vacancies: deliberations and recommendation

Social Development

13 November 2020
Chairperson: Mr M Gungubele (ANC)
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Meeting Summary

Video: Sub-committee on the Filling of Vacancies on the Central Drug Authority Board

The Committee met virtually to consider its Report on the filling of vacancies on the Central Drug Authority (CDA) Board.

A letter of complaint was received from a Mr Shaun Shelly who had applied for the vacancy but did not make it to the shortlist. The letter was not discussed as Members agreed that it would be circulated and passed on to the legal counsel for advice on how the Committee should respond.

There were mixed views from Members about how the Committee should proceed with the meeting in light of the letter. However, the Chairperson said it would be unprecedented for the Committee to halt the process due to a letter of complaint, which is not a court interdict. Some Members expressed that they were confident about how the process unfolded and should proceed with the business of the day and entertain the letter from Mr Shelly once the legal opinion has been furnished.

Members agreed to nominate the following candidates to the CDA board:

  1. Mr Devon de Koker
  2. Mr Peter Ucko
  3. Ms Elna Mathonsi
  4. Mr Thabo Morabe
  5. Ms Nyameka Mayathule-Khoza
  6. Ms Sophia Maboe
  7. Ms Rachel Motsepe
  8. Ms Nomcebo Alice Dlamini
  9. Mr Samasivan Pillay
  10. Ms Dareleen James
  11. Dr Gurunathen Kistnasamy
  12. Ms Nomathemba Kela
  13. Rev Mlahleki Sokana

The names of the recommended candidates will be forwarded to the Minister for appointment.

Meeting report

Opening remarks

The Chairperson welcomed everyone present and apologised for being very late for the meeting. The meeting was scheduled to start at 09h00 but the Chairperson was held up in a ManCo meeting, which was dealing with many issues.

Consideration and adoption of Committee minutes

The Secretary of the Select Committee took Members through all the minutes.

The minutes dated 11, 18 September 2020 and 2, 3, 4 and 5 November 2020 were considered and adopted without amendments.

Consideration of the Draft Committee Report of the Portfolio Committee on Social Development on the Filling of Vacancies to the Central Drug Authority (CDA) Board

Members went through the Report page-by-page.

Ms B Masango (DA) submitted that the Report presented was a true reflection of what unfolded from inception of the process up to the interviews of the candidates.

Mr D Stock (ANC) was pleased with the Report.

Ms M Gillion (ANC, Western Cape) supported that the Report captured the true reflection of the entire process from the beginning.

Letter of objection

The Chairperson said that he received a letter written by Mr Shaun Shelly, who was one of the applicants, containing some grievances about how the process was conducted by the Committee. This letter arrived late yesterday and he would not necessarily want the Committee to respond to it without properly perusing it and soliciting proper advice from the legal team. He suggested that the letter not be dealt with today so that Members can have an opportunity to study it and receive legal counsel on it before responding to Mr Shelly.

Ms Gillion agreed with the Chairperson’s suggestion to allow the legal team to study it and advise accordingly thereafter. Members must be legally sound that the process would be protected.

Ms Masango seconded the suggestion on the letter.

All Members agreed to the suggestion.

Way forward

Mr Stock proposed that the nominations should be based on the scoring system which Members utilised during the interviews. This is the clear reflection of the performance of the candidates. The candidates should be listed based on their scorecard performance – from top to least score of the candidates. 

Ms Gillion agreed with Mr Stock on his proposal.

Ms Masango also agreed and suggested that, since the scoring system came with remarks by Members to substantiate the score given to the candidate, those remarks should also be considered.

The Chairperson clarified that Members should follow the scoring in the order of the scores taking into consideration the remarks as suggested by Ms Masango.

The letter by Mr Shelly is not an interdict but a letter from a concerned applicant. Members need to be advised on how to deal with it.

Ms Gillion suggested that the meeting be adjourned while Members waited for the legal opinion, because the implications of what is contained on the letter remained unknown to Members.

Ms Masango suggested that the Committee should rather proceed as planned and then look into the letter afterwards. The Committee should be confident on how it presented itself during the process. The process does not need to stop and wait for a legal advice on a letter coming from a concerned applicant who had the right to complain.

Mr Stock was of the view the process conducted by the Committee was sound and above board. If this was not the case, he would have considered adjourning the meeting or halting the process toentertain the letter. Therefore, the Committee should proceed with the business of the day.

The Chairperson said that it would be unprecedented that just before the Committee takes a decision on nominations, a person comes with a complaint. There is a difference between a letter and an interdict and this was merely a letter. To stop a process on the eve of taking a decision is unprecedented. This process would only be halted if there was an interdict.

Recommended candidates

  1. Mr Devon de Koker
  2. Mr Peter Ucko
  3. Ms Elna Mathonsi
  4. Mr Thabo Morabe
  5. Ms Nyameka Mayathule-Khoza
  6. Ms Sophia Maboe
  7. Ms Rachel Motsepe
  8. Ms Nomcebo Alice Dlamini
  9. Mr Samasivan Pillay
  10. Ms Dareleen James
  11. Dr Gurunathen Kistnasamy
  12. Ms Nomathemba Kela
  13. Rev Mlahleki Sokana

The Chairperson indicated that these are the names that will be taken to the full Portfolio Committee at 13h00.

Members did not oppose the names.

The meeting was adjourned.

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