Portfolio Committee on Higher Education and Training chairperson Tebogo Letsie urges institutions to comply with immigration laws and ensure employment of foreign academics addresses genuine skills shortages.
Image: Parliament RSA/Supplied
Parliament has issued a stern warning to universities and Technical and Vocational Education and Training colleges, cautioning them against using internationalisation as a justification to sidestep South Africa’s immigration and labour laws when employing foreign nationals.
The warning followed a joint meeting between the Portfolio Committee on Higher Education and Training and the Portfolio Committee on Home Affairs on Wednesday, where concerns were raised about compliance failures, weak oversight and unreliable data on foreign academic appointments across the post-school education sector.
Briefings by the Department of Higher Education and Training and the Department of Home Affairs revealed significant gaps in data management and coordination, making it difficult to determine whether institutions are adhering to legal requirements when hiring foreign staff.
Higher Education and Training Minister Buti Manamela told the committee that the absence of credible data undermines effective oversight.
He said that without reliable information it becomes difficult to establish whether foreign nationals are being appointed to genuinely scarce and critical skills posts, or whether institutions are bypassing regulations.
Members stressed that foreign appointments must align strictly with the country’s Critical Skills List and should not displace qualified South Africans. They warned that institutions must be able to demonstrate clear skills shortages before turning to international recruitment.
Chairperson of the Portfolio Committee on Higher Education and Training, Tebogo Letsie, emphasised that compliance with the law is non-negotiable.
“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 said.
“Internationalisation is important, but it must not be used as an excuse to ignore immigration laws.”
Letsie stressed that Parliament is not opposed to foreign academics and acknowledged their contributions, particularly in scarce disciplines.
“We are not against foreign academics. We recognise the important contribution many make, especially in critical subjects such as mathematics,” he said.
However, he insisted that institutions must clearly prove that shortages exist before recruiting from abroad.
The committees expressed alarm over findings from oversight visits, which revealed foreign nationals occupying senior management and administrative positions, including principals and chief financial officers, roles not necessarily classified as critical skills.
At least 67 foreign nationals employed in the TVET sector were reportedly not linked to critical or scarce skills, prompting calls for urgent data verification and clean-up by the department.
Members of the Portfolio Committee on Home Affairs underscored that employing undocumented foreign nationals constitutes a criminal offence under Section 38 of the Immigration Act. The Act prohibits employers from hiring foreign nationals without valid work authorisation.
Committee members further cautioned that the critical skills framework must not be manipulated without first confirming whether suitably qualified South Africans are available for the posts.
The committees also noted the ongoing review of the White Paper on Citizenship, Immigration and Protection of Refugees and resolved to intensify oversight once the proposed legislation is tabled in Parliament.
They further agreed to engage the Department of Employment and Labour in the coming weeks to address concerns raised during the meeting.
Letsie signalled that scrutiny of the sector will continue.
“We have a serious problem in the sector where some universities and TVET colleges hire foreign nationals without following proper processes,” he said,
“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.”
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