Report of the Portfolio Committee on Trade and Industry on the appointment of the Chairperson and Board Members for the National Lotteries Board, dated 6 November 2009:

The Portfolio Committee on Trade and Industry, having received the request from the Minister of Trade and Industry (the Minister), dated 9 September 2009, that the relevant Assembly committee recommends a suitable person(s) for appointment as chairperson of the National Lotteries Board in terms of section 3(3) of the Lotteries Act, 1997 (Act No. 57 of 1997) (hereinafter referred to as “the Act”), and a further request from the Minister, dated 19 September 2009, that the relevant Assembly committee recommend candidates who comply with section 3(1)(c) and 3 (2) of the Act for appointment as members of the National Lotteries Board, reports as follow:

The Minister invited nominations of persons as candidates to be appointed as members of the National Lotteries Board as contemplated in section 3 of the Act (see Government Gazette, Notice 756 of 2008 and Notice 874 of 2009).

During deliberations on the short-listing for the position of chairperson of the National Lotteries Board by the Committee, it became apparent that there were several issues arising based on discrepancies in the Act. The Committee resolved to establish a sub-committee to address these issues and recommend a way forward. The Committee nominated Mr Sisa Njikelana, Ms Seeng Lebenya and Mr Andricus van der Westhuizen to serve on the sub-committee and the Chairperson:

The following terms of reference for the sub-committee were agreed to by the Committee. The sub-committee should:

1. Identify possible conflicts within current legislation in terms of appointing Board members and the chairperson of the Board, including the streamlining of the appointment of the members of the Board before appointing a Chairperson.

2. Determine the possibility of amending the legislation before appointing the Chairperson.

3. Get clarity on the Minister's position with regard to his preference for either a full-time or a part-time chairperson.

4. Determine whether the Committee’s recommendations are binding on the Minister.

5. Develop the process and criteria for appointing the Chairperson.

6. Facilitate the short-listing process.

The sub-committee met on 16 September 2009 and submitted the following recommendations for consideration by the Committee on 23 September 2009:

1. Given the request by the Minister that the relevant Assembly committee recommend candidates who comply with sections 3(1)(c) and 3 (2) of the Act for appointment as members of the National Lotteries Board, the Committee should proceed to nominate board members as well as a person for appointment as Chairperson and make the necessary recommendations to the Minister.

2. The Committee should thoroughly review current legislation as a separate process which should include amendments related to the appointment of the members of the Board and the Chairperson, the recourse and possible removal of non-performing Board members and a further extension of the Board’s term to allow for the change over between Boards.

3. The Committee should consider the proposed process and criteria for the appointment of the Board, including the Chairperson.

4. The Committee, upon adoption of the sub-committees’ recommendations, should determine whether to establish a sub-committee to finalise a short-list and develop an interview questionnaire for presentation to the Committee.

On 23 September 2009, the Committee agreed that the multi-party sub-committee consisting of Mr Sisa Njikelana, Ms Seeng Lebenya and Mr Andricus van der Westhuizen be retained and be requested to:

1. Prepare a shortlist of candidates using the criteria adopted by the Committee, including a representivity issues such as race, gender and people with disability as well as individuals with an understanding of rural areas;

2. Develop a set of questions; and

3. Submit the shortlist and questions to the Committee for consideration.

The Department of Trade and Industry submitted CVs of 84 candidates for the sub-committee to consider. On 14 October 2009, the sub-committee submitted its shortlist and questions to the Committee for consideration. The Committee agreed to the questions and the following shortlist of 23 candidates for the position of Chairperson and members of the National Lotteries Board.

1. Ms Mangwashi Victoria Phiyega

2. Mr Ratha Krishnan Nayager

3. Mr Johannes Collen Weapond

4. Mr Govindasamy (Govin) Reddy

5. Mr Petrus Jacobus (Pieter) Badenhorst

6. Mr Kgabo Gabriel Mapotse

7. Mr Mandla Ambrose Letlape

8. Ms Gaylene Anne Deiner

9. Mr Lionel Brenner

10. Prof Ntshengedzeni Alfred Nevhutanda

11. Mr Muzi Nkosi

12. Mr Marshall Mthetho Mncedisi Swana

13. Mr George Maanda Negota

14. Ms Ndileka Eumera Portia Loyilane

15. Mr Jerry Dimotana Thibedi

16. Mr Maropeng Stephens Bahula

17. Mr Thembela Andrew Simelane

18. Mr Sonwabile Mancotywa

19. Ms Kealeboga Elizabeth Moloto-Stofile

20. Mr Vusumuzi Reuben Sinky Ngobe Nkosi

21. Mr Alan David Beesley

22. Mr Obed Muzikayifani Shabangu

23. Ms Mathukana Mokoka

Prior to the commencement of the interviews, Mr Alan Beesley declined his nomination due to the fact that he is currently employed by a NGO that would be submitting funding requests in future to the National Lotteries Board.

After having considered and adopted the shortlist, the Committee interviewed the candidates on 27, 28, 30 October 2009 and 2 November 2009.

On 3 November 2009, the Committee began its deliberations on the matter. The Committee continued its deliberations on 4 November 2009 during which four nominees, Prof N Nevhutanda for position of Chairperson, Mr G Negota to fulfill the requirements for a legal practitioner, Ms M Mokoka to fulfill the requirements for a chartered accountant, and Mr G Reddy was agreed to. Two further candidates had yet to be decided upon.

On 6 November 2009, after vigorous deliberations by the Committee, the Democratic Alliance indicated that they could not continue with the process and withdrew. The nominations were duly moved and seconded for Mr O Shabangu and Ms N Loyilane. In the absence of any other nominations, the motion was adopted. The IFP noted its objections.

The Committee therefore recommends that the following candidate be appointed as Chairperson of the National Lotteries Board:

Prof Ntshengedzeni Alfred Nevhutanda

The Committee further recommends that the following candidates be appointed as members of the National Lotteries Board:

Mr George Maanda Negota

Ms Mathukana Mokoka

Mr Govindasamy Reddy

Mr Obed Muzikayifani Shabangu

Ms Ndileka Eumera Portia Loyilane