Parliament Warns Colleges Over Foreign Hires

Parliament has issued a stern warning to universities and Technical and Vocational Education and Training (TVET) colleges, cautioning institutions against using “internationalisation” as a loophole to sidestep South Africa’s immigration and labour laws when employing foreign nationals.

The warning was delivered during a joint meeting of the Portfolio Committee on Higher Education and Training and the Portfolio Committee on Home Affairs, where MPs raised concerns 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 (DHET) and the Department of Home Affairs reportedly exposed serious gaps in data management and coordination, leaving Parliament unable to properly assess whether institutions are following legal requirements when hiring foreign staff.

Higher Education and Training Minister Buti Manamela told the committees that the absence of credible data undermines effective oversight and makes it difficult to determine whether foreign nationals are being appointed to genuinely scarce and critical skills posts, or whether regulations are being bypassed.

Committee members stressed that foreign appointments must align strictly with the country’s Critical Skills framework and should not displace suitably qualified South Africans. They warned that institutions must be able to demonstrate clear skills shortages before turning to international recruitment, particularly in roles that are not classified as scarce.

Chairperson of the Portfolio Committee on Higher Education and Training, Tebogo Letsie, said compliance 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, adding that internationalisation must not be used as an excuse to ignore immigration laws.

While emphasising that Parliament is not opposed to foreign academics and recognises their contributions in scarce disciplines, MPs expressed alarm over oversight findings that foreign nationals were occupying senior management and administrative posts, including principals and chief financial officers — positions not necessarily linked to critical skills.

The Home Affairs committee further warned that employing undocumented foreign nationals is a criminal offence under Section 38 of the Immigration Act, which prohibits employers from hiring foreign nationals without valid work authorisation.

The committees said they will intensify oversight, including engagement with the Department of Employment and Labour in the coming weeks, and increased scrutiny once proposed immigration-related legislation is tabled in Parliament.