6 NSFAS Employees Involved In Fintech Contracts. The National Student Financial Aid Scheme (NSFAS) is embroiled in a significant legal dispute involving its direct service provider contracts. These contracts, tied to the distribution of student allowances, were terminated following allegations of irregular appointments and potential corruption. This article delves into the details of the case, the legal actions taken, and the implications for those involved.
NSFAS And Its Role
NSFAS is a government bursary scheme in South Africa that provides comprehensive financial aid to deserving students enrolled in universities and Technical and Vocational Education and Training (TVET) colleges. This aid includes tuition fees, registration costs, and allowances for food, accommodation, and learning materials. In 2022, NSFAS introduced a direct payment system for allowances, facilitated by four fintech service providers: eZaga, Coinvest, Norocco, and Tenetech.
Challenges With The Direct Payment System
The implementation of the direct payment system was plagued with challenges. Students across the country reported issues with receiving their allowances, leading to widespread dissatisfaction. In response, student leaders in the Western Cape organized a march on parliament, delivering a memorandum of demands to the Department of Higher Education, Science, and Innovation.
Investigation Into Irregular Appointments
In light of the challenges, an investigation was commissioned, led by Werksmans Attorneys, focusing on Bid NO. SCMN022/2021, which involved the appointment of the four service providers. The investigation uncovered potential corruption, highlighting possible relationships between key NSFAS officials, including former CEO Andile Nongogo, and the fintech companies.
Findings And Recommendations From The Werksmans Report
The Werksmans report revealed that there was active involvement of the former NSFAS CEO in the Bid Evaluation Committee, raising concerns about conflicts of interest. The report recommended the termination of the service providers’ contracts. However, this process has been complicated by legal challenges, delaying the termination.
Legal Disputes And Court Rulings
NSFAS faced legal challenges from the service providers, particularly eZaga, which argued that the bursary scheme had not followed proper procedures in terminating the contract. An interim judgment favored eZaga, requiring NSFAS to continue adhering to the contractual terms until a competent court or the Special Tribunal sets aside the contract. NSFAS has since appealed the decision, citing the need to maintain governance structures and ensure a smooth academic year.
Implication Of NSFAS Employees
The Werksmans report implicated six NSFAS employees who were involved in the bid committee responsible for the irregular appointments. The employees faced charges ranging from negligence to contravention of the Supply Chain Management Policy. Preliminary hearings were conducted, and formal charges were issued in June 2024. Since then, two employees have resigned, and one has entered into a mutual separation agreement. The remaining employees, represented by NEHAWU, are currently involved in ongoing disciplinary proceedings.
Conclusion
The ongoing legal battle between NSFAS and its service providers highlights significant governance and procedural challenges within the organization. The involvement of senior NSFAS officials in the controversial fintech contracts has led to a complex and protracted legal dispute. As the situation continues to unfold, the outcomes of the appeals and disciplinary actions will have far-reaching implications for NSFAS, its employees, and the broader Post-school Education and Training (PSET) sector.