Parliamentary Committee Questions NYDA Chair Over Legal Action Against Journalist
The National Youth Development Agency (NYDA) chairperson, Sunshine Minenhle Myende, faced intense scrutiny from the Standing Committee on Public Accounts (Scopa) on Tuesday regarding a court case she initiated against Sunday Times political journalist Sisanda Mbolekwa. The hearing centred on whether the legal proceedings were pursued in Myende’s personal capacity or on behalf of the agency, and who would bear the associated costs.
Background of the Dispute
In early 2024, Myende filed an application for a harassment order against Mbolekwa after the journalist published a series of articles questioning the agency’s procurement practices. The application was heard in the Gauteng High Court, where a temporary interdict was granted. Media outlets, including TimesLIVE, reported that the interdict was later varied, allowing the journalist to continue reporting under certain conditions.
Legal experts note that harassment orders are typically used to protect individuals from unlawful intimidation, but their use against journalists raises concerns about press freedom—a principle enshrined in South Africa’s Constitution (Section 16).
Scopa’s Line of Questioning
Scopa member Alan Beasley opened the questioning by asking Myende to clarify the nature of the legal action:
“I think it was yesterday in court. You gave a reporter a choking harassment order. What lawyers do you hire? I think it’s your personal responsibility. What lawyers do you hire?”
Myende initially struggled to name the legal representatives, stating she was “not entirely sure of the name” and suggesting the agency’s COO might have the details. This hesitation prompted Scopa Chairman Songezo Zibi to remind her that she had signed an affidavit confirming personal involvement in the matter.
When pressed, Myende identified the law firm as “Pegadi, I believe, but it starts with PH along those lines.” The firm, based in Johannesburg, specialises in civil litigation and has represented various public‑sector clients in defamation and harassment matters.
Contradictions Between Affidavit and Testimony
Beasley highlighted a perceived inconsistency between Myende’s court affidavit and her parliamentary testimony:
- The affidavit asserted that the application was filed in her personal capacity.
- During the hearing, Myende acknowledged that the matter “would have to do with my responsibility as chair of the NYDA.”
Beasley argued that if the action were truly personal, the NYDA should not be liable for any legal fees. He asked whether the agency’s board had approved funding for the lawsuit.
Board’s Position
Deputy Chairman Karabo Mohale told the committee that no board discussion had taken place regarding the chairperson’s legal issues or potential NYDA funding:
“No, there was no discussion about the chairman’s legal issues or whether or not NYDA was even funding it,” Mohale said.
This statement aligns with the NYDA’s governance framework, which requires board approval for any expenditure exceeding a defined threshold. The absence of such approval raises questions about procedural compliance.
Ministerial Response
The Minister of Sport, Arts and Culture, who oversees the NYDA, told Scopa that the matter had not been brought to his attention but pledged to investigate:
“It is not yet clear to me who will pay the legal fees and that is a matter I will definitely look into,” he said.
He added that the substantive issues underpinning the dispute relate to Myende’s role as chairperson rather than her private affairs, suggesting that the agency’s reputation—rather than an individual grievance—is at stake.
Implications for Youth Governance
Beasley concluded his questioning by describing the situation as “bizarre,” emphasizing that the leadership of a youth‑focused institution should model transparency and accountability. Legal scholars warn that conflating personal litigation with official duties can erode public trust, particularly when public funds may be implicated.
The NYDA, established in 2009 to advance youth empowerment through skills development, entrepreneurship, and national service programmes, relies on clear governance structures. Ongoing reforms, including a 2023 highlighted the need for stricter oversight of executive decision by 2023 audit report, recommended that all senior executives involving personal commitments that could affect the agency’s impartiality.”
Moving Forward
Scopa has resolved to request a full copy of the affidavit, the court order, and any correspondence between Myende’s legal counsel and the NYDA finance unit. The committee also asked the agency to submit a detailed breakdown of any legal expenses incurred to date, together with board minutes confirming—or refuting—approval of such spend.
Until clarity is achieved, the episode serves as a reminder of the importance of separating personal actions from official responsibilities, especially within institutions tasked with safeguarding the interests of South Africa’s youth.
