MPs Warn Universities Against Ignoring Immigration Laws

The Portfolio Committee on Higher Education and Training has cautioned universities and Technical and Vocational Education and Training (TVET) 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 Members of Parliament examined the employment of foreign academics in the post-school education sector.

Concerns Over Missing Data

The Department of Higher Education and Training (DHET) and the Department of Home Affairs (DHA) briefed MPs on their oversight roles. However, committee members expressed serious concern about the lack of accurate and reliable data on foreign academic staff across universities and TVET colleges.

Higher Education and Training Minister Buti Manamela told the committee that without credible data, it is difficult to determine whether institutions are complying with immigration regulations or appointing foreign nationals in non-critical roles.

Members emphasised that foreign appointments must align strictly with South Africa's Critical Skills List and address genuine skills shortages rather than displacing qualified South Africans.

'Internationalisation Is Not an Excuse'

Committee Chairperson Tebogo Letsie stressed that institutions are legally obliged to respect the country's laws.

"When South African students go abroad, they are expected to follow the laws of those countries. The same principle applies here," Letsie said.

"Internationalisation is important, but it must not be used as an excuse to ignore immigration laws. Institutions must demonstrate clear skills shortages if they appoint foreign academics."

He clarified that the committee is not opposed to foreign academics where justified, acknowledging their valuable contribution in critical fields such as mathematics.

Foreign Nationals in Non-Critical Roles

Oversight visits revealed that some foreign nationals were employed in senior management and administrative roles, including principals and chief financial officers — positions not classified as critical skills.

MPs raised concerns about weak coordination and oversight mechanisms that may have allowed such appointments to occur without proper compliance checks.

The committee recommended that DHET urgently clean and verify its employment data, including reviewing at least 67 foreign nationals employed in the TVET sector whose roles are not linked to scarce or critical skills.

Immigration Act and Criminal Liability

Members of the Portfolio Committee on Home Affairs reminded institutions that employing foreign nationals without valid work authorisation is a criminal offence under Section 38 of the Immigration Act (Act 13 of 2002).

They also expressed concern that some institutions may be using the critical skills framework without first confirming whether suitably qualified South Africans are available for the positions.

Further Oversight Planned

The committees acknowledged the ongoing review of the White Paper on Citizenship, Immigration and Protection of Refugees and resolved to engage further once related legislation is tabled in Parliament.

They also agreed to meet with the Department of Employment and Labour in the coming weeks to address compliance gaps.

Letsie affirmed that oversight efforts will intensify.

"We have a serious problem in the sector where some institutions 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 employment practices are fair and lawful," he said.