A Gauteng school Principal took the Department of Education to the Education Labour Relations Council (ELRC) after he was unsuccessful in his bid to secure a bursary for his Master of Laws (LLM).

Themba Raymond Nkosi testified that he submitted his bursary application on the final day, August 30, 2024. He followed the security’s instructions and placed it in the designated box. However, he did not receive feedback regarding his application.

His frustration led him to send multiple grievances to the department and according to a response from the department, Nkosi had neglected to attach his proof of registration.

Nkosi said he qualifies for the bursary due to his role as a principal, where he regularly navigates legal issues related to educators, students, and their discipline.

However, the department’s bursary coordinator, Maphayeng Monica Maredi, challenged Nkosi’s claims. In her testimony, she stated that Nkosi attempted to submit an application on October 24, 2024, a claim Nkosi refuted.

She said Nkosi informed her that he was studying law, and she explained to him that the bursary does not fund courses that are not related to education. It funds education studies that benefit the learners, and law is outside the scope of education.

During cross-examination, she said if Nkosi had submitted the application in the box, it would have found it with the other 72 applications.

Furthermore, she explained that the bursary was for people who have chosen a career path in the education sector, and the bursary does not cover any other sector. 

Maredi’s testimony was supported by the Deputy Chief Education and a Bursary Manager, Mankoe Sarona Mashile who testified that the bursary is meant to enhance the development of teachers.

In his defence, Nkosi claimed that he went to Maredi’s office in October 2023. However, Maredi said she was not part of the bursary program during that time. Nkosi didn’t dispute this evidence.

He argued that he had provided sufficient proof that the department had committed an act of unfair labour practice. He argued that the department failed to do their due diligence in handling his application.

The arbitrator, Mmamahlola Gloria Rabyanyana, oversaw the case and indicated that it was Nkosi’s responsibility to demonstrate that he had indeed applied for the bursary. Additionally, Nkosi needed to show that he fulfilled the necessary criteria and had been unjustly excluded from consideration

Rabyanyana said without evidence, Nkosi alleged that he submitted his application in August 2024 and only relied on the email he had sent to the bursary manager, Mashile.

She said Mashile’s response to his email does not mean that his application was received.

In addition, the arbitrator said Nkosi’s name was not included on the list of the 72 candidates sent to the head office for approval.

“There is nowhere on Mashile stating that she had received or seen the application. The applicant (Nkosi) is opportunistic in relying on Mashile’s email as evidence for submission.”

Lastly, the arbitrator said if Nkosi had submitted his application in August 2024, he would not have needed to go to Maredi’s office in October 2024.

“This proves on the balance of probability that the applicant did not submit his application. If he had submitted the application, he could have put it in the box, not inside Maredi`s office,” said Rabyanyana.

In conclusion, Rabyanyana said Nkosi failed to prove that the department committed an act of unfair labour practice.

Nkosi’s application was dismissed.

sinenhlanhla.masilela@iol.co.za

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