Pretoria: The Portfolio Committee on Higher Education and Training has issued a stern warning to universities and Technical and Vocational Education and Training (TVET) colleges, cautioning against the misuse of internationalisation as a means to circumvent South Africa's immigration and labor laws. This development comes after a recent joint meeting with the Portfolio Committee on Home Affairs, focused on the employment of foreign academics within these institutions.
According to South African Government News Agency, the Department of Higher Education and Training (DHET) and the Department of Home Affairs (DHA) informed committee members about their roles, regulations, and oversight responsibilities regarding the employment of foreign nationals. During these deliberations, committee members voiced serious concerns over the lack of accurate and reliable data on foreign academic staff employed across the post-school education sector.
Members of the committee emphasized that the employment of foreign nationals should align with the country's Critical Skills List and aim to address genuine skills shortages, rather than displacing capable South Africans. Higher Education and Training Minister Buti Manamela highlighted the difficulty in determining compliance with immigration and labor laws due to unreliable data, which raises concerns about institutions potentially bypassing these regulations by appointing foreign nationals in non-critical roles.
Chairperson Tebogo Letsie of the Portfolio Committee on Higher Education and Training underscored the obligation of institutions to adhere to the country's laws. He stated that the principle of following local laws applies to both South African students abroad and foreign nationals in South Africa. Letsie noted that while internationalisation holds value, it should not serve as an excuse to disregard immigration laws. Institutions requiring foreign academics must demonstrate the existence of actual skills shortages.
Committee members expressed worries about weak coordination and oversight mechanisms that have allowed the employment of foreign nationals in non-critical roles, including senior management and administrative positions. The committee recommended that the DHET urgently clean and verify its data and review at least 67 foreign nationals employed in the TVET sector whose roles are not linked to critical or scarce skills.
The Portfolio Committee on Home Affairs reminded institutions that employing foreign nationals without valid work authorisation is a criminal offence, as outlined in Section 38 of the Immigration Act (Act 13 of 2002). The committees also raised concerns about institutions possibly using the critical skills system without first confirming the availability of qualified South Africans for these roles.
Acknowledging the ongoing review of the White Paper on Citizenship, Immigration, and Protection of Refugees, the committees resolved to engage further once the Bill is tabled in Parliament. Additionally, they agreed to meet with the Department of Employment and Labour in the coming weeks to address the issues raised.
Letsie affirmed the committee's commitment to continued oversight efforts to ensure compliance across the sector. He stated that hiring foreign nationals without proper processes cannot persist at the expense of qualified South Africans. Institutions must comply with the law, enhance transparency, and ensure that employment practices are fair and lawful.