My Unisa results were manipulated: SABC chair
The chairperson of the SABC, Ellen Zandile Tshabalala, has told the Parliamentary Portfolio Committee on Communications that her results in Unisa’s computer system have been manipulated to show that she had no degree.
This is according to a report on BDlive, which went on to quote Tshabalala as saying that testimony provided by Unisa’s head of legal services, Jan van Wyk, amounted to hearsay.
On Wednesday, 3 December 2014, Van Wyk provided the committee with copies of Tshabalala’s results, showing that she enrolled for a BComm degree in 1988 and 1996, which she failed to obtain.
She also registered for a diploma in labour relations in 1995, where she passed two modules, failed two modules, and did not write the exams for two modules.
In January 1996 she was allowed to rewrite two of the modules. She obtained a score of 13% for her human resources module, and a score of 35% for labour relations.
Unisa then wrote to Tshabalala informing her she did not qualify to redo the course.
However, BDlive reported that Tshabalala stated in an affidavit read to the committee that the information in Unisa system was “false and incorrect and has been manipulated.”
She reportedly went on to argue that she is only able to deal with the evidence of Van Wyk by way of expert testimony, but has been denied the opportunity to do so by the portfolio committee.
According to BDlive, the spokesperson for the SABC has said that the broadcaster would not comment on the inquiry.
The DA detailed a timeline of events relating the Ellen Tshabalala debacle:
- 18 July 2013
Interim SABC Chairperson Ellen Tshabalala applies for a position on the permanent SABC Board. Natie David Shabangu, an ANC employee based at Luthuli House, nominates Tshabalala on an ANC letterhead.
On her CV Tshabalala claims that she has a Diploma in Labour Relations from UNISA and a Bachelor of Commerce degree from UNISA.
- 23 July 2013
Ellen Tshabalala deposes an affidavit at Sandton police station that states:
“I, Ms. Ellen Zandile Tshabalala, 580802 0896 082 ID, wish to declare that around 2001 – 2002 my house was broken into and goods were stolen. The matter was reported to the police in Randburg. Amongst other items which were stolen was my bag which contained all my academic records, certificates and all my private documents. As a result I could not submit the required credentials except for one copy of my certificate[s] I acquired in 2012.”
- 3 October 2013
President Zuma appoints Ellen Tshabalala Chairperson of the SABC Board.
- 4 July 2014
Journalist Jeanne van der Merwe of City Press receives a letter from UNISA’s Executive Director of Legal Services JC Van Wyk that states:
“According to our records no qualification was awarded to the mentioned individual.”
- 14 July 2014
DA MP on the Communications Portfolio Committee, Gavin Davis, writes to the Committee Chairperson to request an Inquiry into the allegations as envisaged in section 15 of the Broadcasting Act.
- 30 July 2014
Committee Chairperson Joyce Moloi-Moropa writes to Tshabalala requesting a “full response” to the allegations and asks her to “confirm or deny” them. She also requests the necessary information to independently verify the qualifications. The deadline given is 12 August 2014.
- 11 August 2014
Tshabalala writes to Moloi-Moropa requesting until 31 August to “take all appropriate and necessary steps, available to me in law, to protect and redeem my reputation due to the damage that has been visited upon my dignity.” Tshabalala commits to having a status report ready by 19 August.
- 14 August 2014
Moloi-Moropa writes to Tshabalala requesting a written response to the 30 July letter by 26 August 2014.
- 19 August 2014
Following the DA’s request to put the Tshabalala matter on the Portfolio Committee’s agenda, Moloi-Moropa arranges a briefing by Parliament’s legal unit. The Committee is told that there is a legal basis for such an inquiry, that there is a prima facie case against Tshabalala and that the Committee is empowered in law to hold such an Inquiry.
- 26 August 2014
Tshabalala writes to Moloi-Moropa informing her that: “UNISA has not been able to furnish me with any detail of my true statement of results.” Tshabalala states further that UNISA “has challenges of mixed records and they have put measures in place to investigate all related queries.”
- 9 September 2014
The Portfolio Committee unanimously decides to conduct a formal Inquiry into the allegations that Tshabalala lied about her qualifications.
- 16 September 2014
The Portfolio Committee unanimously resolves to recommend Tshabalala’s suspension with immediate effect. It also announces that the Inquiry is due to begin on 25 September.
- 17 September 2014
A memorandum is sent to the Speaker recommending that Tshabalala be suspended pending the outcome of the Inquiry.
- 17 September 2014
Tshabalala writes to Moloi-Moropa to “register my apprehension in the manner in which I have been unfairly treated and vindicated (sic) by the Portfolio Committee.” At issue was the Committee’s decision to recommend Tshabalala’s suspension without giving Tshabalala a hearing.
- 23 September 2014
Moloi-Moropa writes to Tshabalala to say that the President, not the Committee, that is the appointing body. Any request for a hearing must therefore be made to the President.
- 23 September 2014
Tshabalala is served with a ‘Notice of Hearing’ in which she is requested to appear before a Parliamentary Inquiry on 25 September to answer two charges against her:
Charge 1: Misconduct – for allegedly lying about her qualifications to the National Assembly
Charge 2: Perjury – for allegedly lying in a sworn affidavit
- 23 September 2014
The Committee decides to postpone the Inquiry (originally set down for 25 September) until 14 October in order to give Tshabalala adequate time to prepare.
- 14 October 2014
The Inquiry – postponed from 25 September – is held in a Cape Town hotel. Tshabalala’s lawyer, Norman Arendse SC, employs a range of delaying tactics to get the Inquiry postponed again. The DA does not support the postponement on the grounds that Tshabalala had “been given ample time (three weeks) to prepare for it.”
The new date for the Inquiry is set for 23 October.
- 23 October 2014
Tshabalala obtains a court interdict to prevent the Committee from proceeding with the Inquiry on the grounds that she will not get a fair hearing. The case is set down for 3 November.
- 30 October 2014
The DA enlists the services of a qualifications verification agency to do a background check on Ms. Tshabalala’s academic record at UNISA. It is revealed that, according to the National Qualifications Register, “the candidate was last registered in 1996, qualification incomplete.”
- 12 November 2014
Judge J Baartman dismisses Tshabalala’s court challenge. It is welcomed by all members of the Portfolio Committee as a vindication of the parliamentary process. Committee resolved to call Tshabalala to an Inquiry the following week on 18 November, and to again recommend Tshabalala’s suspension.
- 19 November 2014
A second memorandum is sent to the Speaker communicating the Committee’s resolution that Tshabalala be suspended. The memorandum makes the case that Tshabalala is causing the delays and infers that she will continue to do so unless she is suspended.
- 21 November 2014
Carol Paton, writing in Business Day, alleges that President Zuma “personally added Ellen Tshabalala to the ANC communications committee’s list of candidates for the board, which was submitted to the ANC caucus in Parliament.”
- 26 November 2014
The DA reveals that Tshabalala has delegated the authority of SABC CEO to its current COO Hlaudi Motsoeneng until the end of the year. The DA states that this is manifestly irrational given the Public Protector’s findings against Motsoeneng and again calls for Tshabalala’s suspension.
- 3 December 2014
The Committee meets to hold the Inquiry. Tshabalala is absent but sends her attorney, Mr Tilney, in her place. Tilney reveals that Tshabalala has lodged an application for leave to appeal that, in his view, suspends the Inquiry.
After hearing the evidence presented, the Committee finds Tshabalala guilty of misconduct for lying to Parliament about her qualifications and lying in a sworn affidavit.
The Committee will now submit a memorandum to the Speaker to the effect that:
1. A resolution is tabled in the National Assembly when it meets next year to have Tshabalala removed from her position as SABC Chairperson. If adopted, this resolution will be sent to the President who will have 30 days to remove Tshabalala from office.
2. The Speaker informs the President of the Committee’s findings and recommends Tshabalala’s immediate suspension as SABC Chairperson. In terms of the Broadcasting Act, it is the President’s prerogative whether she is suspended or not.
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