By Johnathan Paoli
The Democratic Alliance (DA) has laid criminal charges against Higher Education Minister Nobuhle Nkabane, accusing her of lying to Parliament and facilitating African National Congress (ANC) cadre deployment in key public institutions.
DA MP and national spokesperson Karabo Khakhau, who submitted the charges, says Nkabane misled parliament about the appointment process for board chairpersons of the Sector Education and Training Authorities (SETAs).
“This is not a case of poor judgment, it is a flagrant and deliberate attempt to deceive Parliament and the South African people. Minister Nkabane has broken the law, violated her oath of office, and enabled the continued abuse of public resources to benefit ANC loyalists,” Khakhau said.
The charges, filed at the Cape Town Central Police Station, mark an escalation in the DA’s campaign against what it calls “systemic corruption” under the ANC-led Government of National Unity (GNU).
According to Khakhau, the minister falsely claimed that the appointments were made by an “independent evaluation panel.”
In reality, the panel included her own staff members and political allies, including her Chief of Staff and a leader of the ANC Youth League.
The most damning evidence cited by the DA is Nkabane’s claim that renowned senior counsel Terry Motau chaired the panel.
Motau has since submitted a formal written denial, stating he neither led nor participated in the process.
In line with the criminal complaint, the DA announced it would vote against the Higher Education and Training department’s budget, arguing that it could not in good conscience endorse R19 billion in expenditure under the leadership of a minister who is “under criminal investigation.”
The party also indicated it would oppose other departmental budgets led by ANC ministers it views as complicit in corruption, including those of Thembi Simelane, David Mahlobo and Deputy President Paul Mashatile.
Helen Zille, the DA’s federal chairperson, joined Khakhau at the charge-laying event and criticised President Cyril Ramaphosa for failing to act against Nkabane.
“This is a blatant double standard, Minister Nkabane misled Parliament which is a criminal offence. Yet she remains in Cabinet, while DA Deputy Minister Andrew Whitfield was dismissed for a procedural travel matter. Ramaphosa punishes loyalty, but protects criminality,” Zille said.
Khakhau previously held that the party had already lodged complaints with Parliament’s Ethics Committee and the Public Protector, calling the criminal case “step three” of a coordinated plan that began in May.
“We’ve exhausted internal mechanisms, the President has made his priorities clear, and the ANC has given marching orders to shield their own. If Parliament won’t act, the DA will,” she said.
The controversy over the SETA appointments comes as Nkabane faces growing pressure from civil society, particularly student organisations.
The South African Students Congress (SASCO) has accused the minister of appointing an “illegally constituted” NSFAS board earlier this year and failing to comply with basic governance provisions in the NSFAS Act.
According to SASCO, the board lacks required representatives from student bodies and the National Treasury, raising concerns over financial oversight and democratic participation.
“Her attempt to co-opt students after the fact is not only illegal, but also an insult to participatory governance,” SASCO President Alungile Kamtshe said on Sunday.
SASCO has issued a deadline for Nkabane to reconstitute the board by Friday or face legal action and national student protests beginning 1 August.
The student organisation has also decried chronic delays in NSFAS allowances and the student housing crisis, blaming the minister for “structural violence against the working class.”
Experts say the criminal charges could have serious legal consequences if prosecuted.
Under the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, knowingly misleading Parliament can amount to fraud with precedent in the case of former ANC MP Tony Yengeni, who was convicted in 2003.
Politically, the charges intensify strains within the GNU.
The DA has framed its actions not as coalition sabotage, but as a necessary stand against corruption.
“We joined the GNU to fight corruption, not to enable it,” Khakhau said.
The ANC has yet to issue a formal response to the charges, while Nkabane’s office also declined to comment, citing ongoing legal processes.
As parliament prepares to debate and vote on departmental budgets, the DA’s refusal to support allocations under controversial ministers threatens to disrupt GNU unity and legislative momentum.
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