School HOD appointment set aside after candidate found to be unqualified

The Education Labour Relations Council (ELRC) has set aside the appointment of a head of department at a high school in Khowa (formerly Elliot) after finding that the successful candidate, Veliswa Ngcingane, did not possess the specific subject qualifications for the post.

Arbitrator Bongani Mtati made this award on Wednesday in a promotion dispute involving the post at Siyahlangula Primary School.

He said the setting aside of the appointment was effective from April 30. He ordered the department of education to re-advertise this post in the next bulletin to be issued in 2026.

Mfowethu Nogemana, who referred an unfair labour practice complaint to the ELRC, has been teaching at the school since 2011 as a post-level-one educator. His colleague, Ngcingane, acted as the departmental head of teaching in the same school for some time before her eventual appointment last year.

After the post was advertised in May last year, five candidates were shortlisted, including Nogemana and Ngcingane, and they were invited to the interviews where Ngcingane was placed number one and Nogemana number two.

Ngcingane’s appointment was approved by the department of education and she then assumed duties as head of department.

Nogemana initiated his dispute by claiming that Ngcingane was not qualified for the post and said he was not appointed despite meeting all the requirements. He asked for the appointment to be set aside and re-advertised.

Nogemana testified that he was a qualified educator with a teacher’s course who had taught maths, science, Xhosa and English for 30 years, and said Ngcingane had never taught maths, technology or science, as she had been teaching social science and Xhosa.

“He stated that the post requirements were maths, science and technology, which he has as he did them at high school and at college level, so he viewed himself qualified for the post as he met the requirements of the post as he further taught maths and science at grade six, seven and nine. Ngcingane was teaching Xhosa and social science since 2011 as per his understanding at school,” the arbitrator said in summarising the evidence of Nogemana.

Nogemana submitted that Ngcingane was allocated maths in November 2025 to teach it in 2026, but never taught the subject, as it was allocated to another teacher who was deployed at their school. He disputed that Ngcingane had taught maths and science at their school, as he was already at school when she arrived.

Nogemana submitted that the interviewing panel acted irregularly in recommending a candidate with no maths, science and technology experience, so he viewed that Ngcingane should not have been appointed.

Ngcingane testified she had experience in teaching maths, natural science and technology since 1995, as she had taught them at two other schools before she taught at her current school.

Ngcingane said she had a management qualification and acted as departmental head at her school since 2024 up to her appointment. She also taught technology, which Nogemana had not. She said she viewed herself as having an upper hand over Nogemana.

She further referred to her performance during interviews where she obtained a high score and was the first choice, and the applicant was the second choice. The panel was satisfied by her performance and she disputed that she did not have the subjects advertised.

The arbitrator found Ngcingane was not qualified for the post, as the post advertised required maths, natural science and technology, and Ngcingane had none of the required subjects in her qualifications. Ngcingane had Xhosa, English, geography and history in her senior primary teacher’s diploma.

Mtati said based on the evidence before him, Nogemana proved on a balance of probabilities that Ngcingane was not qualified to be appointed as HOD.

“I therefore set aside the appointment of Veliswa Ngcingane and order that this post be re-advertised and issued in the next bulletin,” Mtati said.

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