A Johannesburg Labour Court ruling has confirmed that rejecting a job candidate for being overqualified does not amount to unfair discrimination under South African law. The decision addressed a claim by Rachel Nkhwatshirema against Transnet Freight Rail regarding a 2013 horticultural assistant post in Vryheid. The judgment noted that qualifications are not listed as a prohibited ground in the Employment Equity Act.
The case originated when Nkhwatshirema applied for the role in 2013. She was interviewed with two others and deemed competent, though she scored lower than the successful candidate. After being informed she had not been selected, she sued alleging unfair discrimination.
In court, Nkhwatshirema initially argued she was rejected for being overqualified due to her bachelor’s degree in agriculture. During cross-examination she raised age as a possible factor for the first time. Judge Daniels J set aside the new claim on procedural grounds because it had not been pleaded earlier.
The court found that employers may consider whether a candidate is overqualified as a business decision. It held that the claim failed to meet the test for an arbitrary ground under Section 6(1) of the Employment Equity Act. The ruling was delivered in June 2026.
