At least two high-ranking officials have been charged by the Department of Higher Education, Science and Innovation in relation to the National Skills Fund's (NSF) R5-billion saga.

The charges against them were discussed as recently as August and October and are related to R5-billion that has not been accounted for at the NSF.

An audit outcome in the 2019/20 financial year revealed that the entity of the Department of Higher Education, Science and Innovation could not account for billions of rand. 

Following the audit outcome, Minister Blade Nzimande appointed a forensic company to conduct a full-scale investigation into the financial affairs of the NSF.

The Nexus Forensic Services uncovered fraud, forgery and non-delivery of services by service providers, even though they had been paid. 

And now, the department has moved to charge some of its own who have been implicated in the missing billions.

Higher Education and Training director-general Nkosinathi Sishi has charged one of the fund's directors for alleged gross negligence at the crisis-marred NSF.

News24 has withheld the senior manager's name because she has not been suspended and has yet to state her case before a legal panel appointed by the department. She could not be reached at the time of writing. 

The charges against this official relate to her "supporting" a recommendation of signing a memorandum of understanding with Rubicon Communication and Wits University.

It later turned out Wits never signed any agreement and this led to wasteful expenditure of R3-million.

In a letter dated 30 October 2023, Sishi informed the director of the charges against her. 

In Sishi's notice to the senior manager, he said, "Kindly be advised that the department appointed Nexus Forensic Services to conduct a forensic investigation into 10 projects at the NSF on skills development expenses incurred. This happened after the Auditor-General of South Africa (AGSA) issued a disclaimer on the NSF 2019/2020 annual financial statements."

Sishi then informed the director that the Nexus report had been handed to two advocates, one of whom was advocate Mokotedi Mpshe SC. 

Their task was to assess the Nexus report and guide the department on how to implement its recommendations. 

"Based on their assessment of the investigation and other documentary evidence at their disposal, they recommend that you be afforded an opportunity to state your side on why charges should not be preferred against you."

The charges against the director, whose name is withheld, are: 

• Gross negligence in that she failed to perform her duties competently. On 13 September 2018, she supported [director Kgaogelo] Hlongwane's recommendation of the signing of the memorandum of understanding with Rubicon Communication;
• According to Sishi, "only one of three technical members recommended the funding of the project as the findings of the evaluation team were that it lacked implementation facilities" [he doesn't identify the project's name other than its contractor, Rubicon];
• The project's South African Qualifications Authority accreditation to train and issue national certificates had expired on 24 January 2018 "before the signing" of the memorandum of agreement (MOA), and there was pending litigation against the contract at the time; and
• At the time of signing the MOA, Wits University had not provided an undertaking in writing that it would back the project by assisting in the training and placement of students.

"As a result, the NSF had an irregular, fruitless and wasteful expenditure in the amount of R2 699 968.75," Sishi said in his notice.

Against director Kgaogelo Hlongwane, in a letter dated 15 February 2023, Sishi places the same allegations, but adds a count of breach of policy and a second count of gross negligence.

The count three of gross negligence revolves around her alleged failure to ensure that the Dithipe Development Institute "implemented all the training interventions as outlined in clause 1 of the implementation plan".

Sishi, among other things, also alleges that Hlongwane did not provide Nexus investigators with proof of any trained students and that she failed to "keep evidential records of the implemented trainings through reports".

Charges against her make reference to her alleged actions leading to R11-million in wasteful expenditure.

Hlongwane was called into a pre-hearing meeting on 15 August 2023, after which she was suspended. 

When contacted, Hlongwane would neither confirm nor deny her suspension, and said she was not ready to talk to the media. 

Last year, Deputy Higher Education, Science, and Innovation Minister Buti Manamela told Scopa that following the forensic investigation, five officials had been placed on precautionary suspension, and the department had also approached the Hawks to deal with the implicated service providers and staff members. 

The uncounted billions were also what led to the fallout between Nzimande and his former director-general Gwebinkundla Qonde.

Qonde was suspended following the disclaimer audit opinion of the NSF. He challenged his suspension in court, but lost.