Parliament’s portfolio committee on higher education and training has warned universities and TVET colleges not to misuse internationalisation as an excuse to ignore South Africa’s immigration and labour laws.
The warning follows a presentation by the department of higher education and training (DHET) to the committee on the employment of foreign nationals in universities and colleges. The DHET revealed that in 2024, “RSA staff made up 92.26% of the total workforce, while foreign staff accounted for 7.74%.”
Most of these foreign nationals were employed in teaching and research roles, with “82.89% of full-time foreign staff instructional/research professionals”.
On Wednesday the committee held a joint meeting with the portfolio committee on home affairs to discuss the issue. Members raised serious concerns about the lack of accurate and reliable data on foreign academic staff across the post-school education sector.
Higher education minister Buti Manamela told the committee that 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.
Committee chairperson Tebogo Letsie said institutions must respect the country’s 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 said.
“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.
— Tebogo Letsie, committee chairperson
“Internationalisation is important, but it must not be used as an excuse to ignore immigration laws,” Letsie added. “We are not against foreign academics. We recognise the important contribution many make, especially in critical subjects such as mathematics.”
Members expressed concerns that weak oversight had allowed foreign nationals to be employed in non-critical positions, including senior management and administrative roles.
The committee also raised concerns about poor vetting processes and recommended that the DHET urgently clean and verify its data, including reviewing the status of at least the 67 foreign nationals employed in the TVET sector who are not linked to critical or scarce skills.
The committee noted that some institutions may be using the critical skills system without first confirming whether qualified South Africans are available. Members stressed that the system must not disadvantage South Africans.
The home affairs committee reminded institutions that employing foreign nationals without valid work authorisation is a criminal offence.
“Section 38 of the Immigration Act clearly prohibits employers from hiring undocumented foreign nationals.”
The committees noted the ongoing review of the White Paper on Citizenship, Immigration and Protection of Refugees and resolved to engage closely once the bill is tabled in parliament. They also agreed to meet with the department of employment and labour in the coming weeks.
Letsie said the committee would continue its oversight to ensure compliance.
“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.”
TimesLIVE
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