Head of Western Cape Education Department v Governing Body of Point High School

Point High School advertised vacancies for a principal and deputy principal following retirements. A properly constituted selection committee, acting under departmental directives, shortlisted, interviewed and scored candidates. The governing body recommended Du Toit for principal and Pieterse for deputy principal, based on significantly higher scores. In terms of the amended s 6(3) of the Employment of Educators Act 76 of 1998, three names were submitted for each post. The Head of Department (HoD) instead appointed Van der Merwe (acting principal) and Swanepoel (acting deputy principal), both internal candidates, citing employment equity considerations, particularly the over-representation of white males and the fact that the recommended candidates were from outside the province. The governing body successfully reviewed and set aside the appointments in the High Court, which also ordered the HoD to appoint the governing body’s preferred candidates. The HoD appealed to the Supreme Court of Appeal.

The appeal was dismissed. The HoD’s decisions appointing Van der Merwe and Swanepoel were set aside. The Supreme Court of Appeal upheld the High Court’s order directing the HoD to appoint the governing body’s recommended candidates.

The case clarifies the scope and limits of the Head of Department’s discretion under the amended s 6(3)(f) of the Employment of Educators Act. It affirms that expanded discretion does not negate the duty to act reasonably, to weigh competing considerations, and to justify departures from governing body recommendations. The judgment reinforces principles of administrative justice, rational decision-making, and the proper role of employment equity in public sector appointments.