The Portfolio Committee on Higher Education and Training has warned universities and Technical and Vocational Education and Training (TVET) colleges against using internationalisation as a reason to ignore South Africa’s immigration and labour laws.
The warning follows a recent joint meeting with the Portfolio Committee on Home Affairs to discuss the employment of foreign academics within universities and TVET colleges.
The Department of Higher Education and Training (DHET) and the Department of Home Affairs (DHA) briefed the committee members on their respective roles, regulations and oversight responsibilities regarding the employment of foreign nationals.
During deliberations, committee members raised serious concerns about the lack of accurate and reliable data on foreign academic staff employed across the post-school education sector.
Members stressed that the employment of foreign nationals must align with the country’s Critical Skills List and address genuine skills shortages, rather than replacing capable South Africans.
Higher Education and Training Minister Buti Manamela told the committee that without reliable data, it is difficult to determine whether institutions are complying with immigration and labour laws or bypassing them by appointing foreign nationals in non-critical roles.
Chairperson of the Portfolio Committee on Higher Education and Training, Tebogo Letsie, stressed that institutions are obliged to respect the country’s laws.
“When South African students go to other countries, they are expected to follow the laws of those countries. The same [principle] is expected from those who come to the country.
“Internationalisation is important, but it must not be used as an excuse to ignore immigration laws. If institutions need foreign academics, they must clearly demonstrate that such skills shortages exist,” Letsie said.
He added that the committee recognises the valuable contribution made by many foreign academics, especially in critical subjects such as mathematics, and clarified that the committee is not opposed to their employment where justified.
Members expressed concern about weak coordination and oversight mechanisms that have reportedly allowed foreign nationals to be employed in positions that are not classified as critical skills. Oversight visits revealed that some foreign nationals were employed in senior management and administrative roles, including principals, chief financial officers and other non-academic posts.
The committee recommended that the DHET urgently clean and verify its data, including reviewing the status of at least 67 foreign nationals employed in the TVET sector whose roles are not linked to critical or scarce skills.
Members of the Portfolio Committee on Home Affairs reminded institutions that employing foreign nationals without valid work authorisation constituted a criminal offence. Section 38 of the Immigration Act (Act 13 of 2002) clearly prohibits the employment of undocumented foreign nationals.
The committees also raised concern that some institutions may be using the critical skills system without first confirming whether qualified South Africans are available for the positions.
The committees acknowledged the ongoing review of the White Paper on Citizenship, Immigration and Protection of Refugees and resolved to engage further once the Bill is tabled in Parliament.
The meeting also agreed to meet with the Department of Employment and Labour in the coming weeks to address the issues raised by members.
Letsie affirmed that the committee will continue its oversight efforts to ensure compliance across the sector.
“We have a serious problem in the sector where some universities and TVET colleges hire foreign nationals without following proper processes. This cannot continue at the expense of qualified South Africans. Institutions must comply with the law, improve transparency and ensure that employment practices are fair and lawful,” the Chairperson said. – SAnews.gov.za
