Court hauls Patel over the coals for illegal post
Minister’s appointment of NLC acting boss found to be unlawful
The battle for the position of chairperson for the National Lotteries Commission (NLC) has taken a new twist after the high court in Pretoria on Friday declared the decision by Minister of Trade, Industry and Competition Ebrahim Patel to appoint an interim chairperson of the entity illegal.
Patel appointed Zandile Brown as the NLC'S acting chairperson in December last year until the end of March. However, four of the remaining board members approached Patel informing him the decision was illegal because he had no authority to make such an appointment.
The NLC'S executive committee, through lawyers, on March 28 demanded the withdrawal of Brown's appointment as acting chairperson. Patel responded by telling the NLC he stood by his decision.
Patel then proceeded to extend Brown's appointment to end of this month. The NLC then approached the court for relief.
Judge Norman Davis agreed with the stance taken by the NLC and found Brown's appointment invalid.
“The decision of the minister of trade, industry and competition to appoint Ms
For extensions of the acting appointment to have any validity, the initial appointment had to have been valid
Zandile Brown as acting chairperson of the National Lotteries Board with effect from 1 December 2020 and all extensions of that appointment are declared invalid and hereby reviewed and set aside,' the judgment reads in part.
“For the extensions of the acting appointment [on 31 January 2021 and 31 March 2021] to have any validity, the initial appointment had to have been valid.”
Patel was also ordered to carry the costs of the suit. The NLC board has been without a permanent chairperson since November last year when the term of the previous chairperson, Alfred Nevhutanda, came to an end. The position has been filled on a short-term acting basis.
The race to replace Nevhutanda has taken many twists and turns in the past few months. Former electoral commissioner Terry Tselane, academic Barney Pityana and former presidency director-general Rev Frank Chikane have been shortlisted for the position.