Cape Town — The Portfolio Committee on Higher Education and Training has warned universities and Technical and Vocational Education and Training colleges against using internationalisation as a justification to bypass South Africa’s immigration and labour laws.
The warning followed a joint meeting with the Portfolio Committee on Home Affairs, where concerns were raised about the employment of foreign academics and senior staff across the post-school education sector.
The Department of Higher Education and Training and the Department of Home Affairs briefed Members of Parliament on regulatory frameworks governing the appointment of foreign nationals. However, committee members expressed concern over the absence of accurate and reliable data on foreign academic staff currently employed.
Higher Education and Training Minister Buti Manamela told the committee that without verified data, it is difficult to determine whether institutions are complying with immigration requirements or circumventing them by appointing foreign nationals in non-critical roles.
Chairperson Tebogo Letsie emphasised that institutions are legally obligated to comply with immigration legislation.
“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,” Letsie said.
He added that internationalisation is important but cannot be used as an excuse to ignore legal requirements. Institutions seeking to appoint foreign academics must clearly demonstrate that genuine critical or scarce skills shortages exist.
Committee members acknowledged the contribution of foreign academics, particularly in critical fields such as mathematics, but raised concern that some foreign nationals were reportedly appointed to senior management and administrative positions, including principals and chief financial officers, roles not classified as scarce skills.
The committee recommended that the DHET urgently clean and verify its data, including reviewing the status of at least 67 foreign nationals employed within the TVET sector whose positions may not align with the country’s Critical Skills List.
Members of the Portfolio Committee on Home Affairs reminded institutions that employing foreign nationals without valid work authorisation constitutes a criminal offence under Section 38 of the Immigration Act.
Parliamentarians also raised concerns that some institutions may be invoking the critical skills framework without first confirming whether qualified South Africans are available.
The committees resolved to engage further once the White Paper on Citizenship, Immigration and Protection of Refugees is tabled in Parliament and agreed to meet with the Department of Employment and Labour in the coming weeks.
Letsie affirmed that oversight efforts will intensify to ensure transparency and compliance across the higher education sector.
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