A woman who lost out on a senior Eastern Cape transport department post to an official now accused of using false qualifications wants the Labour Court to overturn the appointment and install her in the position.
Tabisa Ralawe has asked the court to review and set aside a June 2025 arbitration award.
The arbitrator found that the department had not committed an unfair labour practice when it appointed labour relations deputy director Phelisisile Melane in 2023.
Ralawe filed her application in July, days after the department placed Melane on precautionary suspension pending disciplinary proceedings after he was arrested by the Hawks on fraud-related charges.
Despite the suspension, the department continues to oppose Ralawe’s Labour Court application challenging Melane’s appointment.
Melane was released on R3,000 bail in June after being charged with fraud, forgery and uttering.
The Hawks allege he misrepresented his academic qualifications when applying for the deputy director post, which required an NQF level 7 qualification.
According to the Hawks, Melane submitted a short-course qualification from Nelson Mandela University, claiming it was equivalent to an NQF level 7 qualification.
Investigators allege the department has suffered financial prejudice exceeding R2.4m through the salary and benefits paid to him since his appointment.
The allegations have not yet been tested in court.
Ralawe has also reported a criminal complaint against a government official who deposed to an affidavit opposing her Labour Court application on behalf of transport MEC Xolile Nqatha.
She alleges the affidavit contains false statements and manipulated documents relating to Melane’s qualifications.
Eastern Cape police spokesperson Brigadier Nobuntu Gantana confirmed that a case of perjury and defeating the ends of justice had been opened in Qonce on July 16 before being transferred to the Bhisho police on July 22.
“The matter pertains to documentation submitted during the application process for a position within the Eastern Cape department of transport.
“Investigations are currently ongoing, and no arrests have been made at this stage,” Gantana said.
The senior government official cannot be named because no charges have been brought. Attempts to obtain comment from the official at the weekend were unsuccessful.
Ralawe alleges the recruitment process that resulted in Melane’s appointment was irregular, claiming the interview panel was improperly constituted, score sheets were tampered with and documents forming part of her application were altered to disadvantage her.
The General Public Service Sector Bargaining Council (the arbitrator which heard the matter), Nqatha and Melane are cited as respondents in the Labour Court proceedings.
In papers seen by the Daily Dispatch, Ralawe asks the court to review and set aside the arbitration award, declare Melane’s appointment irregular and appoint her to the post retrospectively from the date of his appointment in 2023.
Alternatively, she wants the matter sent back to the bargaining council for a fresh arbitration before a different arbitrator.
Ralawe also alleges the government official who deposed to the department’s answering affidavit falsely stated that Melane held an advanced diploma.
“The official also lied and said Nelson Mandela University verified the short-course certificate and confirmed it is an advanced diploma, which is not the case, as such a confirming email from the university has been fabricated,” she alleged.
The Dispatch has seen the department’s 92-page answering affidavit.
The department states that it is opposing the review application “at the instance and instruction of the second respondent”, identified in the court papers as Nqatha.
The affidavit argues that Melane possessed the required qualification, that the department acted lawfully in appointing him and that his qualification had been verified as equivalent to NQF level 7.
However, transport department spokesperson Unathi Binqose said the department would now seek legal advice on how to proceed with the Labour Court application in light of Melane’s precautionary suspension.
“The legal advice obtained will determine the next course of action to be taken by the department,” he said.
Binqose said allegations that a government official had made false representations regarding Melane’s qualifications fell outside the department’s mandate and were matters for law enforcement agencies and the courts.
He said the department’s internal investigation was continuing, and its outcome would determine what action would be taken against Melane and any other officials who might be implicated.
While confirming that Nqatha was cited as a respondent in the Labour Court proceedings, Binqose said the MEC had not personally deposed to an opposing affidavit.
However, the affidavit seen by the Dispatch was deposed to by another government official and stated that the review application was being opposed on Nqatha’s instructions.
Daily Dispatch
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