“Not Education-Related”: Gauteng Principal Loses Legal Battle Over Rejected Bursary for Law Degree

Education department says law studies fall outside scope of teacher development funding

A Gauteng school principal, Themba Raymond Nkosi, has lost a bid to overturn the Department of Education’s rejection of his bursary application for a Master of Laws (LLM) degree, after the Education Labour Relations Council (ELRC) ruled that he had failed to prove he submitted the application in time or at all.

The case, which came before ELRC arbitrator Mmamahlola Gloria Rabyanyana, sheds light on growing tensions between school leadership and government departments around career development and funding priorities.

Late Submission or Lost in the System?

Nkosi claimed he submitted his bursary application on August 30, 2024, the final day for submissions. Following security personnel’s instructions, he said he placed the application into the designated submissions box. When he received no feedback, he sent multiple grievances to the department. In one response, officials claimed his application was incomplete and lacked proof of registration.

Nkosi insisted he qualified for funding based on his principal duties, which often require dealing with legal matters like staff discipline, policy enforcement, and student issues. He believed the LLM would enhance his effectiveness in managing legal matters within his school.

However, the department’s bursary coordinator, Maphayeng Monica Maredi, countered that Nkosi attempted to submit his application only in October 2024, well past the deadline. She also told the arbitrator that the department’s bursary is intended for education-specific qualifications—not law degrees.

“This Is a Bursary for Educators”

Maredi, whose version was supported by Deputy Chief Education and Bursary Manager Mankoe Sarona Mashile, explained that the bursary programme’s core purpose is teacher development, and not intended for expanding into legal professions or unrelated fields.

Mashile said there were 72 valid bursary applications, none of which included Nkosi’s name. Furthermore, an email Nkosi referenced from Mashile did not confirm that his application was received.

The arbitrator was unmoved by Nkosi’s argument that the department was at fault for not processing his application properly. Instead, she ruled that he had not provided sufficient evidence of his submission—such as a stamped receipt, witness confirmation, or documentation proving he submitted it before the deadline.

“If he had submitted the application in August, he would not have needed to visit Maredi’s office in October,” noted Rabyanyana. “The timing undermines his own claim.”

Beyond the Box: A Case of Misunderstanding or Misalignment?

Nkosi’s case highlights a larger issue in public sector professional development, the gap between personal career aspirations and the rigid funding policies of government departments.

While some in the education community sympathised with Nkosi’s intention to strengthen his leadership capacity through law studies, critics argue that public funds should remain focused on improving teaching and learning outcomes, especially in a province still battling basic education challenges.

On social media, public opinion was divided. Some users said the system should adapt to the evolving needs of school administrators, while others warned that expanding bursaries to include unrelated degrees like law could dilute the purpose of taxpayer-funded education support.

Final Verdict: Application Dismissed

In the end, arbitrator Rabyanyana found that Nkosi failed to prove both submission and eligibility, and dismissed the case. The Department of Education has since reaffirmed its position that bursaries are exclusively for qualifications directly linked to teaching or educational leadership.

As Nkosi returns to his duties as principal, his story may well serve as a cautionary tale for others in the public sector looking to push the boundaries of what state-funded bursaries can and should support.

{Source: IOL}

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