Less than 1% of foreigners employed in public service, minister Buthelezi tells parliament

Public service and administration minister Mzamo Buthelezi says there are 6,220 foreigners employed in the public service.

In a written reply to a parliamentary question by ActionSA MP Kgosi Letlape, Buthelezi said foreigners made up only 0.5% of the estimated 1.2-million public servants and this includes those with permanent residency status and temporary employees.

Letlape wanted to know the total number of foreigners employed in each department and institution of the public service.

Information drawn from Persal — government’s standardised human resources and payroll system — showed that 6,220 foreigners were employed in national and provincial departments and government components on July 31.

Gauteng employed the largest number at 1,705, with 839 in the health department and 826 in the education department.

The national government has the second-highest number with 724 recorded in its HR system, while Mpumalanga had 653 and KwaZulu-Natal 647.

According to the information, health and education in provinces and higher education at national level employed more foreigners than other portfolios.

Buthelezi said the Public Service Act mandates the department to support the minister in establishing norms and standards relating to the conditions of service and other employment practices for employees in the public service.

“The employment and use of foreigners in the public service is governed by the constitution and is in line with the Public Service and Immigration Acts. The Public Service Act states: ‘no person shall be appointed permanently, whether on probation or not, to any post on the establishment in a department unless he or she is a South African citizen or permanent resident’.”

The Public Service Regulations give effect to this section and state “an executive authority shall not employ a foreign national, unless in the case of a temporary appointment, he or she is a permanent resident, or he or she has been issued with an appropriate permit in terms of the Immigration Act”.

He cited a 1996 Constitutional Court ruling which stated foreigners with permanent residency status enjoy the same rights as South African citizens including in employment.

The policy on the use of foreigners to address HR and skills needs in the public service was being revised into a directive to promote professionalisation, align with new developments in the future world of work and provide clear guidance on recruitment, selection and secondment procedures of foreigners, he said.