Parliament's Urgent Call for Compliance in Higher Education Hiring

The South African Parliament has delivered a strong message to universities and Technical and Vocational Education and Training (TVET) colleges: strict adherence to immigration laws is non-negotiable when employing foreign staff. On February 18, 2026, the Portfolio Committee on Higher Education and Training, chaired by Tebogo Letsie, convened a joint session with the Portfolio Committee on Home Affairs. Briefings from the Department of Higher Education and Training (DHET) and the Department of Home Affairs (DHA) exposed gaps in compliance, sparking calls for immediate action.

This development underscores ongoing tensions between internationalisation efforts and national priorities like job creation and skills development for locals. Foreign academics play a vital role in filling gaps, particularly in Science, Technology, Engineering, and Mathematics (STEM) fields, but the committee insists that hiring must prove genuine shortages and follow legal protocols. Failure to do so risks criminal penalties under Section 38 of the Immigration Act (Act 13 of 2002), which prohibits employing undocumented foreign nationals.

Higher education institutions (HEIs) contribute significantly to South Africa's knowledge economy, enrolling over 1 million students across 26 public universities and 50 TVET colleges. Yet, with youth unemployment exceeding 40%, any perception of preferential foreign hiring fuels public discontent. The committee's stance aims to balance global talent attraction with equitable opportunities for South African graduates.

Revealing the Numbers: Foreign Staff in South African HEIs

DHET's 2024 Higher Education Management Information System (HEMIS) data paints a clear picture. Across public universities, foreign nationals comprise 7.74% of the total workforce, with 92.26% being South African citizens. Of permanent staff (65,585 total), audited figures show just 4.6% as foreigners. Among full-time foreign employees, 82.89% hold instructional or research roles, concentrated in scarce areas like maths and sciences.

Minister of Higher Education, Science and Innovation Buti Manamela noted that foreign nationals make up about 12% of permanent academic staff in public universities—a stable figure amid growing local numbers. However, TVET colleges report 278 foreign staff, and Community Education and Training (CET) colleges have 38, many not aligned with critical skills.

Breakdowns reveal variations: Universities like the University of the Witwatersrand (Wits) and University of Cape Town (UCT) have higher proportions due to research focus, while historically disadvantaged institutions like University of Fort Hare report 8.28%. These stats highlight targeted recruitment but raise questions about verification.

The Critical Skills Visa: Gateway or Loophole?

The Critical Skills Work Visa is central to legal foreign hiring. Updated periodically, South Africa's Critical Skills List (last major revision 2024) prioritises occupations vital for economic growth, including university lecturers in maths, physical sciences, engineering, IT, and health sciences. Applicants must hold relevant qualifications (e.g., PhD or Master's for senior roles) and prove no suitable South African is available via Department of Employment and Labour (DEL) advertising.

• Step 1: Advertise position for 30 days on national platforms like AcademicJobs.com higher-ed-jobs and DEL.
• Step 2: Submit Critical Skills Letter from a registered body (e.g., SA Council for Natural Scientific Professions for STEM).
• Step 3: DHA verifies and issues visa (up to 5 years, renewable).
• Penalties for non-compliance: Fines up to R100,000 per illegal employee, potential jail time, deportation.

Committee members flagged misuse, like hiring for maths literacy—a non-scarce skill taught at high school level. Oversight visits uncovered foreigners as principals and CFOs, roles not on the list.

Key Concerns: From Data Gaps to Displacement Fears

Central issues include unreliable HEMIS data—fragmented, unaudited, and inconsistent on temporary contracts—hindering oversight. DHET admitted weak vetting, allowing non-critical hires. MPs questioned why foreigners teach basic subjects amid 500,000+ qualified but unemployed matriculants.

Transformation lags: Black South Africans remain underrepresented in senior academia (under 20% professors). Foreign hiring, while filling gaps, risks perpetuating inequities if not paired with localisation like the R2 billion New Generation of Academics Programme.

TVET-specific woes: 67 flagged foreigners unrelated to skills shortages exacerbate lecturer shortages (50% underqualified locals). Broader impacts: Erodes trust, boosts xenophobia, hampers National Student Financial Aid Scheme (NSFAS)-funded access.

Stakeholder Perspectives: Committee, Minister, and Beyond

Committee Chair Tebogo Letsie: "We have a serious problem... This cannot continue at the expense of qualified South Africans." He praised foreign contributions in maths but demanded reciprocity: "South African students follow laws abroad; so must foreigners here."

Minister Manamela: Emphasised policy framework for internationalisation aligned with National Development Plan. "Foreigners build capacity, not displace it." Highlighted investments in emerging scholars.

Universities South Africa (USAf) has not issued a direct response yet, but past statements defend strategic hiring for research excellence. Unions like National Tertiary Education Union may push back, citing global talent needs. DHA warned of raids, as in recent Randburg operations fining employers R30,000 per undocumented worker.

Explore higher-ed-career-advice for tips on navigating SA academic job markets amid these changes.

Implications for South African Higher Education

Short-term: Institutions face audits, potential fines, staff deportations. Universities like UCT and Wits, with higher foreign ratios, must justify roles rigorously.

Long-term: Reinforces equity, but risks brain drain if over-regulated. Positive: Spurs local PhD production (currently 1,500/year vs needed 5,000). Economic ripple: Better compliance aids ZA academic jobs growth.

• Benefits of compliance: Transparent hiring, prioritises locals, enhances transformation.
• Risks of non-compliance: Legal action, reputational damage, funding cuts.

For job seekers, this opens doors: Monitor university-jobs for lecturer positions in scarce skills.

Government's Roadmap: Protocols and Localisation Efforts

An Intergovernmental Protocol (DHET, DHA, DEL, DIRCO) is nearing finalisation for data alignment and enforcement. DHET commits to HEMIS cleanup, verifying TVET cases.

Localisation initiatives:

• Future Professors Programme: R2bn for black emerging academics.
• NGAP: 1,000+ PhDs trained annually.
• Staff Doctoral Programme: Upskilling lecturers.

Institutions urged to mentor foreigners for knowledge transfer. Read more on international campus expansions.

Navigating the Future: Actionable Insights for HEIs

Institutions should:

1. Audit current foreign staff visas immediately.
2. Enhance DEL advertising for all posts.
3. Partner with SAQA for qualification equivalence.
4. Invest in mentorship: Foreign staff train 2-3 locals per hire.
5. Leverage USAf internationalisation framework ethically.

For aspiring lecturers: Upskill via lecturer-jobs in STEM. Employers, post openings on platforms prioritizing locals.

This warning signals a maturing sector: Global yet grounded in national needs.

Photo by Kathrine Heigan on Unsplash

Conclusion: Balancing Global Talent and Local Empowerment

Parliament's intervention protects South African talent while welcoming verified global expertise. As HEIs adapt, expect refined policies boosting both research output and equity. Stay informed via rate-my-professor, seek higher-ed-jobs, and access higher-ed-career-advice for thriving in this evolving landscape. Compliance isn't a barrier—it's a bridge to sustainable excellence.