The Portfolio Committee on Higher Education and Training has issued a stern warning to universities and Technical and Vocational Education and Training (TVET) colleges concerning the misuse of internationalisation as a justification for neglecting South Africa’s immigration and labour laws, Cape {town} Etc reports.
This caution arose during a joint meeting with the Portfolio Committee on Home Affairs, focused on the employment of foreign academics within these educational institutions.
As part of the assembly, the Department of Higher Education and Training (DHET) and the Department of Home Affairs (DHA) provided insights into their respective regulatory frameworks and oversight roles regarding the employment of foreign nationals.
However, concerns took a central role during the discussions when committee members highlighted the alarming absence of accurate and reliable data on foreign academic staff throughout the post-school education sector.
Committee members were emphatic in stating that the employment of foreign nationals should strictly align with the Critical Skills List, addressing genuine skills shortages without displacing capable South Africans in the process.
Minister of Higher Education and Training, Buti Manamela, underscored the critical challenge of verifying compliance with the law in the absence of competent data: ‘Without reliable data, it is difficult to determine whether institutions are complying with the law or bypassing it by employing foreign nationals in roles that are not critical or scarce,’
The Chairperson of the Portfolio Committee on Higher Education, Tebogo Letsie has reiterated that the expectation that institutions must adhere to South African laws. ‘When South African students go to other countries, they are expected to follow the laws of those countries. We expect the same from those who come here,’ he remarked.
Letsie further asserted, ‘Internationalisation is important, but it must not be used as an excuse to ignore immigration laws,’
He emphasised that the necessity for foreign academics must be justified transparently, demonstrating existing skills shortages.
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Concerns were raised regarding the sector’s weak coordination and oversight, which has permitted the employment of foreign nationals in roles that lack classification as critical skills positions.
During oversight visits, the committee unearthed instances of foreign nationals occupying senior management and administrative roles, including principals and Chief Financial Officers, in non-academic positions.
The committee expressed urgent concern about flawed vetting processes, recommending that the DHET engage in thorough data cleaning and verification. This includes reviewing the status of at least 67 foreign nationals currently employed in the TVET sector whose roles are not associated with critical or scarce skills.
Members of the Portfolio Committee on Home Affairs reminded institutions that hiring foreign nationals without valid work authorisation constitutes a criminal offence, emphasising the strict prohibitions set forth in Section 38 of the Immigration Act (Act 13 of 2002).
In a proactive stance, the committees acknowledged the ongoing review of the White Paper on Citizenship, Immigration, and Protection of Refugees and resolved to closely interact upon the Bill’s introduction in Parliament.
Furthermore, discussions are imminent with the Department of Employment and Labour aimed at addressing the issues illuminated during the meeting.
Letsie concluded with a commitment to relentless oversight to ensure compliance in the educational sector. ‘We have a serious problem where some universities and TVET colleges hire foreign nationals without following proper processes. This cannot continue at the expense of qualified South Africans,’ he stated.
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