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National Youth Development Agency (NYDA) chair Sunshine Minenhle Myende came under intense scrutiny in parliament’s standing committee on public accounts (Scopa) on Tuesday over a court application against Sunday Times politics journalist Sisanda Mbolekwa and questions about who is funding the legal action.The issue was raised by Scopa member Alan Beasley, who sought clarity on whether the matter was being pursued in Myende’s personal capacity or on behalf of the agency, and whether the NYDA was footing the legal bill.“I think it was in court yesterday. You’ve taken a reporter, a gagging harassment order. What attorneys are you using? I believe it’s in your personal capacity. What attorneys are you using?” Beasley asked.Myende defended the application, saying it related to the balance between media freedom and her rights. “The matter that is in court, it’s based on the fact that, yes, we do acknowledge that there’s freedom of journalism. It must happen,” she said.When asked to identify the attorneys handling the matter, Myende initially appeared uncertain. “I’m not quite sure of the name. I don’t have the names. Maybe the COO can assist,” she said.Her response drew immediate concern from committee members. Scopa chair Songezo Zibi reminded Myende that she had filed a sworn affidavit in the matter and urged her to answer candidly.You signed an affidavit saying you’re taking up this matter in your personal capacity. I’ve got the legal papers in front of me. I can read it back to you. Now we’re hearing that it’s a NYDA matter. So I’m clearly confused, and I’m sure the legal people and the people you’ve signed this affidavit to are confused too— Alan Beasley, Scopa member“The matter was in court yesterday. You’ve submitted a sworn statement. I have it. I wish to remind you of what you’ve sworn to in court. I can read it back to you if you want me to,” Zibi said. “So let me remind you for the last time. Please be honest with parliament. Can you do that? Can you answer Honourable Beasley’s question honestly? Otherwise, I’m going to tell you the paragraph in which you say you’re raising this in your personal capacity.”Myende subsequently identified the attorneys. “The name of the attorneys, I think it’s Pegadi, but it starts with P-H, along those lines. Yes,” she said.The committee’s concerns deepened when Beasley pointed to what he described as contradictions between Myende’s court papers and her testimony to parliament. “You signed an affidavit saying you’re taking up this matter in your personal capacity. I’ve got the legal papers in front of me. I can read it back to you,” he said.“Now we’re hearing that it’s a NYDA matter. So I’m clearly confused, and I’m sure the legal people and the people you’ve signed this affidavit to are confused too, because you said it is in your personal capacity, not as chairperson of the NYDA. If you can just clarify, whose actual capacity is this under?”Myende maintained that the application had been brought in her personal capacity, although it stemmed from issues connected to her role as chair. “Yes, it is in my personal capacity and the matter would have been relating to my responsibility as the chair of the NYDA,” she said.Beasley argued that if the application was indeed personal, the agency should not be covering the associated legal costs. “You said you’re doing it in your personal capacity. So if you’re doing it in your personal capacity, the NYDA shouldn’t be paying for it,” he said.There’s a word that comes to me. It’s just how bizarre. It’s absolutely bizarre. This is the governance of our youth. Minister, surely, what do you say to this?— Alan BeasleyHe then asked if the NYDA board had approved any funding for the legal proceedings. “Did the board approve this action as a board? Maybe I can ask the deputy chairperson. Have you approved this particular matter that the NYDA pays the legal firms for the chairperson in a personal capacity? Has this been discussed at a board level?”Deputy chair Karabo Mohale told the committee no such discussion had taken place. “No, there’s been no discussion of the chairperson’s legal issues or whether or not NYDA is funding it at all,” Mohale said.A visibly frustrated Beasley described the situation as “bizarre” before directing questions to the minister. “There’s a word that comes to me. It’s just how bizarre. It’s absolutely bizarre. This is the governance of our youth. Minister, surely, what do you say to this?” he asked.The minister said the issue had not previously been brought to his attention but he committed to looking into it. “It has not come before me on who is paying legal fees, and it is a matter that I will definitely look into,” he said.However, he added that the issues at the centre of the dispute related to Myende’s role as chair rather than her private affairs.“The issues that are in the media are for the chairperson of the board. They are not for Sunshine as a person. They are about the chairperson of the board.”TimesLIVE
