Eastern Cape teacher wins promotion dispute after higher-scoring candidate was overlooked.
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An Eastern Cape teacher has won a promotion dispute after the Education Labour Relations Council (ELRC) found that he was unfairly overlooked for a departmental head position despite scoring significantly higher than the candidate who was ultimately appointed.
Thembani Ngqele, represented by the South African Democratic Teachers Union (SADTU), challenged the decision not to appoint him as Departmental Head-English at Fezeka Primary School in Peddie.
Ngqele had scored 92 points during the interview process, while Yamkelani Peacock, who was eventually appointed, scored 80 points and was ranked second.
The ELRC found that the Eastern Cape Department of Education had acted both procedurally and substantively unfairly when it failed to appoint Ngqele.
The department has now been ordered to reverse Peacock’s appointment and promote Ngqele to the position with effect from September 1, 2026.
Ngqele told the arbitration that he had been working for the Eastern Cape Department of Education since 2020 and was appointed as a Post Level 1 educator in May 2021.
He applied for the Departmental Head position and was interviewed in August 2025.
According to the evidence, five candidates were shortlisted, although only four attended the interviews.
Ngqele emerged as the highest-scoring candidate with 92 points, while Peacock received 80 points and was ranked second.
Ngqele said he was later informed by the principal that he had been unsuccessful and that Peacock had been appointed.
He testified that the principal told him that he had been ranked number one but that the school wanted someone from outside.
Ngqele said he believed he had been unfairly treated because he had been the best-performing candidate during the interviews.
The ELRC heard evidence from members of the selection panel who said the principal had expressed opposition to internal candidates before the interviews took place.
Bulelwa Ngesi, the chairperson of the interview panel, testified that the principal had told the panel that no candidate from Fezeka Primary School should be considered for the position because the school was experiencing a shortage of teachers.
Ngesi said the principal became angry after Ngqele emerged as the highest-scoring candidate.
According to her testimony, the principal questioned why the panel had not followed her instruction and insisted that Peacock, who had ranked second, should be appointed.
Ngesi said there was nothing preventing an internal candidate from being appointed and that Ngqele had performed very well during the interview.
Another witness, Pumeza Bonkolo, who was the SADTU observer during the recruitment process, gave similar evidence.
She testified that the principal became agitated after the scores were displayed and questioned why Ngqele had received the highest score.
Bonkolo said the principal insisted that Peacock should be appointed.
She objected to the process and indicated that she believed the selection had not been conducted in a free and fair manner.
The ELRC also heard that Bonkolo later received an instruction from a SADTU official to remove her objection from the ratification form.
She maintained that Ngqele had been treated unfairly because he was the highest-scoring candidate.
The Department of Education defended the appointment of Peacock, arguing that both candidates met the minimum requirements for the advertised position.
Its witnesses did not dispute that Ngqele had scored 92 points and Peacock 80.
However, the department maintained that the School Governing Body decided during the ratification process to recommend Peacock because of a shortage of teachers at Fezeka Primary School.
The department's witnesses said two teachers had left the school in 2025, contributing to the shortage.
They argued that the decision was based on the school's curriculum needs and that the appointment of someone from outside the school would help address the staffing problem.
Evidence was also presented that some Foundation Phase learners were being taught by educators who did not have the appropriate teaching qualifications because of the shortage.
The ELRC was not persuaded by the department's explanation.
The panel noted that Ngqele's evidence, as well as the evidence of his witnesses, had not been properly challenged during cross-examination.
The panel accepted that Ngqele's evidence that the principal had told him he was the highest-scoring candidate but that the school wanted someone from outside was supported by the testimony of three witnesses.
The panel also considered evidence that the principal had told members of the selection panel that internal candidates should not be considered.
According to the ruling, the fact that another internal candidate had been shortlisted but did not attend the interview also raised an inference that the candidate may have been aware of the principal's position.
The ELRC further rejected the suggestion that the teacher shortage justified the way Ngqele was treated.
The panel found that the shortage had existed for years and could not, in its view, have been introduced as a justification for subjecting Ngqele to unfair treatment.
The ELRC concluded that the department had failed to follow a fair process when it appointed Peacock over Ngqele.
The panel found that Peacock was not the best-suited candidate based on the interview process and concluded that the department had exercised its discretion in a “biased, unfair, capricious and unjust manner”.
The panel said Ngqele had proved that he was the best candidate for the position.
It also relied on previous labour law principles that require employers to comply with objective standards and criteria for promotion and to ensure that eligible employees are given a fair opportunity to compete for positions.
The ELRC ultimately found that Ngqele's non-appointment was both procedurally and substantively unfair.
It ruled that the Eastern Cape Department of Education had committed an unfair labour practice relating to promotion by failing to appoint Ngqele and instead appointing Peacock.
The department was ordered to reverse Peacock's appointment to the Departmental Head-English position at Fezeka Primary School.
It was also ordered to promote Ngqele to the position with effect from September 1, 2026.
The ELRC made no order as to costs.
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