Category: Africa

The Portfolio Committee on Higher Education and Training has warned universities and Technical and Vocational Education and Training (TVET) colleges against using internationalisation as a reason to ignore South Africa’s immigration and labour laws.

The warning follows a recent joint meeting with the Portfolio Committee on Home Affairs to discuss the employment of foreign academics within universities and TVET colleges.

The Department of Higher Education and Training (DHET) and the Department of Home Affairs (DHA) briefed the committee members on their respective roles, regulations and oversight responsibilities regarding the employment of foreign nationals.

During deliberations, committee members raised serious concerns about the lack of accurate and reliable data on foreign academic staff employed across the post-school education sector.

Members stressed that the employment of foreign nationals must align with the country’s Critical Skills List and address genuine skills shortages, rather than replacing capable South Africans.

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

Chairperson of the Portfolio Committee on Higher Education and Training, Tebogo Letsie, stressed that institutions are obliged to respect the country’s laws.

“When South African students go to other countries, they are expected to follow the laws of those countries. The same [principle] is expected from those who come to the country.

“Internationalisation is important, but it must not be used as an excuse to ignore immigration laws. If institutions need foreign academics, they must clearly demonstrate that such skills shortages exist,” Letsie said.

He added that the committee recognises the valuable contribution made by many foreign academics, especially in critical subjects such as mathematics, and clarified that the committee is not opposed to their employment where justified.

Members expressed concern about weak coordination and oversight mechanisms that have reportedly allowed foreign nationals to be employed in positions that are not classified as critical skills. Oversight visits revealed that some foreign nationals were employed in senior management and administrative roles, including principals, chief financial officers and other non-academic posts.

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

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

The committees also raised concern that some institutions may be using the critical skills system without first confirming whether qualified South Africans are available for the positions. 

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

The meeting also agreed to meet with the Department of Employment and Labour in the coming weeks to address the issues raised by members.

Letsie affirmed that the committee will continue its oversight efforts to ensure compliance across the sector.

“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,” the Chairperson said. – SAnews.gov.za
 

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Home Affairs Minister Leon Schreiber has assured citizens that the government is rolling out targeted interventions to curb corruption and hold officials accountable for manipulating systems to issue documents irregularly.

“I can today announce that disciplinary processes against all implicated individuals are ongoing. A total of 20 officials have already been dismissed since April last year,” the Minister said on Monday in Pretoria.

His remarks are a response to the release of the Special Investigating Unit (SIU) interim report on the investigation into allegations of serious maladministration within the Department of Home Affairs.

The investigation focused on recurring schemes involving document fraud, visa and work-permit manipulation, and facilitation networks enabling unauthorised entry into South Africa.

“I have also requested the Director-General to write to the Department of Public Service and Administration, as well as to the Department of Cooperative Governance and Traditional Affairs, to ensure that these former officials are not reemployed elsewhere in the State while they undergo criminal proceedings.

“Over the past two financial years, a total of 75 disciplinary cases were completed, resulting in an additional 16 suspensions without pay and 22 written warnings,” the Minister said.

This work has also led to several referrals for criminal prosecution.

“I would encourage the National Prosecuting Authority to prioritise these cases as part of our collective efforts to restore the rule of law,” he said.

Furthermore, the department has also identified over 2 000 study visas that were fraudulently issued through the syndicates that were operating at Home Affairs.

“Administrative processes are now underway to cancel these visas, and we will also ringfence any subsequent visas obtained by these same individuals to ensure that all irregularly obtained documents are cancelled and that perpetrators are deported or prosecuted as required,” the Minister said.

The department is moving to shut down manual processes and replace them with new cutting-edge digital systems that leave no space for manipulation.

“As confirmed by the SIU, it is paper-based and manual processes that have long created space for crooked officials to overlook fraudulent documents or approve applications that do not meet the relevant regulatory requirements,” Schreiber said.

Last year, Home Affairs launched the first phase of the Electronic Travel Authorisation (ETA), which enables visa applicants to apply online, capture biometrics, and receive approvals in real-time, eliminating lengthy processing times and cumbersome documentation.

“To date, this new system has declined over 30 000 applications that did not meet the relevant requirements for tourist visas. It does so by using machine learning to verify the authenticity of documents like passports.

“The ETA also uses biometric technology to match an applicant’s face to their passport photo, which means that they cannot enter South Africa using fraudulent documents.

“The ETA does all of this through rules-based decision-making that is overseen by the Department, but that cannot be manipulated by any official,” the Minister said.

Working together with the Border Management Authority and the South African Revenue Service, the department is currently expanding facial recognition capabilities to all international airports and to the busiest land ports of entry.

“Once this work is complete, we will scale up the ETA to become the central entry point for all tourist visas to South Africa. This means that we will shut down all other tourist visa processing, including at South African missions abroad.

“Once this is complete, we will further expand the ETA to additional visa categories, including study visas. By moving all visa processing to the ETA, we are closing loopholes that were previously exploited to grant non-qualifying or fraudulent applications,” he said.

Through the ETA, Home Affairs will ensure that a handful of officials can’t manipulate processes.

“The rollout of the ETA also links to our work to build an Intelligent Population Register to anchor a new Digital ID system, which will ensure that biometrics are recorded for every person in South Africa, and that biometric verification is used to protect our citizenship and identity system.

“This is how we eliminate the scourge of identity theft by illegal immigrants, which is concentrated around the continued use of the green bar-coded identity book,” the Minister said. –SAnews.gov.za

 

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The Special Investigating Unit (SIU) has recommended that Home Affairs considers the vetting of all employees of the department as one of the range of measures to address vulnerabilities in the country’s immigration system.

The SIU on Monday briefed media on the outcomes of the Home Affairs investigation which was authorised by President Cyril Ramaphosa under Proclamation 154 of 2024. An interim report outlining the outcomes of the investigation has since been submitted to the President.

The investigation has revealed that South Africa’s immigration system has been treated as “a marketplace, where permits and visas were sold to the highest bidder”.

“Officials entrusted with safeguarding the integrity of the Department of Home Affairs instead turned their positions into profit-making schemes, while external actors, including religious figures and entertainment industry personalities, exploited influence, fabricated documentation, and manipulated systemic weaknesses to secure fraudulent residence permits,” said Acting Head of the SIU, Leonard Lekgetho.

Investigation background

Lekgetho said a whistleblower brought forward to the SIU allegations that foreign nationals enter South Africa, fraudulently obtain asylum seeker permits, and later use them to apply for permanent residence and ultimately citizenship. 

“The SIU received information that these foreign nationals collude with syndicates involving corrupt Home Affairs officials to secure permits without merit, as permits are issued upon application without assessing the asylum claim. 

“Holders can remain in the country, even if their application is rejected by exhausting appeal rights up to the Constitutional Court, regardless of the merits of their application.” 

The SIU obtained a Special Tribunal order to investigate and, with the assistance of the Directorate for Priority Crime Investigation (the Hawks), they searched five Refugee Reception Offices, seizing laptops, desktops, cell phones, external drives, and files. Two hundred and thirty-seven items were imaged for cyber forensic analysis.

Cell phone analysis revealed communication between officials and foreign nationals, with payments via e-Wallet ranging from R500 to R3 000, facilitating the unlawful issuing of permits and visas to unqualified individuals, the SIU said.

“Payments were made through various methods: cash hidden in application forms, with office doors closed to avoid cameras; e-Wallet deposits using non-RICA registered or fraudulently RICA [Regulation of Interception of Communications and Provision of Communication-related Information Act] registered numbers; asylum seekers sending e-Wallet payments to themselves and providing OTPs to officials, and in-kind payments, such as covering officials’ private rent or services. Officials used dummy phones to conceal transactions and communication,” said Lekgetho. 

The nefarious exchange: Citizenship for luxury lifestyles

The “nefarious syndicate” – as described by Lekgetho – is a coordinated group of department officials responsible for the lawful processing, adjudication and receipt of visa applications. However, the Acting Head said they instead engaged in behaviour suggesting systemic corruption and illicit enrichment, in violation of their official duties. 

“The SIU can reveal that, so far, we have uncovered that four officials, who earn less than R25 000 per month, have received a total of R16 313 327.00 in direct deposits.

“Evidence indicates that certain members of this group have acquired significant assets that are grossly disproportionate to their legal income. This includes the cash purchase of multiple properties and the construction of high-value residential developments. 

“Some members have developed private properties with extensive infrastructure, such as large-scale solar installations and spacious parking lots, suggesting access to capital inconsistent with their official salaries,” Lekgetho said.

The SIU’s investigation, said Lekgetho, shows that certain officials turned the permit system into a “marketplace”. 

“Their modus operandi was simple: applications were sent via WhatsApp for expedited approval, and once approved, money flowed almost immediately. Payments were not made directly to officials but funnelled through accounts held by their spouses, deliberately disguising the bribes.

“In one case, a permit was approved on 20 December, and by 21 December, R3 000 had been deposited into the spouse’s account. Another transaction saw R6 000 transferred days after two permits were approved. These transactions reveal a direct link between approvals and payments, leaving no doubt that permits were being sold.”

Officials also reportedly operated within syndicates, using intermediaries to collect funds from foreign nationals. Transaction references such as “Permit”, “Visa Process”, or “Building Material” were used to mask the true nature of payments. 

Secondary accounts belonging to spouses received unexplained cash deposits amounting to hundreds of thousands of rand.

The scale of enrichment, Lekgetho remarked, was staggering. 

“Analysis of a construction company registered in the name of one official’s husband revealed deposits totalling R8.9 million between 2020 and 2023. These deposits were inconsistent with legitimate construction business activity and included payments explicitly referencing “PRP” (Permanent Residence Permit). At least R185 000 was directly linked to PRP applications. 

“Officials turned their spouses into silent partners in crime. 

Another official accumulated so much wealth that she built a mansion and a paved road leading to her home on a monthly salary of R25 000,” Lekgetho noted.

The SIU has also traced financial gains exceeding R181 million associated with beneficiaries of fraudulent visa applications, which were underpinned by fake documentation.

Investigation into identity fraud and DNA manipulation

Based on the findings of the SIU, in conjunction with Interpol, a significant scheme of identity fraud has been uncovered, primarily involving foreign nationals who obtain South African passports to commit crimes abroad or seek refugee status elsewhere. 

The investigation revealed a specific modus operandi in which these individuals collude with departmental officials to gain unauthorised access to Home Affairs’ offices.

Once inside, they fraudulently use the fingerprints of unsuspecting South African citizens, while substituting the photograph on the application with that of the foreign national.

“In response to these findings, the SIU has proposed systematic recommendations to bolster security. We advise that, while the department is implementing its biometric system, it should enforce stricter controls on passport photographs. 

“Furthermore, the SIU recommends strengthening physical access control to departmental offices to ensure that all individuals entering Home Affairs facilities can be positively identified, thereby preventing such internal collusion,” said Lekgetho. 

In a parallel investigation, the SIU uncovered evidence of DNA sample swapping and manipulation, a scheme designed to favour foreign nationals in their applications for Permanent Residence Permits. 

This practice exploits the requirement for DNA testing, conducted by the National Health Laboratories Services, which is a prerequisite for certain visa categories. 

Lekgetho said the SIU has found prima facie evidence that these biological results are being tampered with to benefit foreign applicants.

“Although this specific manipulation may not fall strictly under the Department of Home Affairs’ direct operational control, the SIU has formally alerted the department to this observation to ensure inter-agency awareness and cooperation.”

He said another factor that compounds issues of fraud is the systemic abuse of the retirement visa category, which the SIU attributes to a lack of clear departmental guidelines for its adjudication. The investigation revealed that this regulatory gap directly leads to manipulation and fraud, particularly because the visa type has no age restriction, making it susceptible to widespread abuse. 

“A core part of the problem lies in the fact that while applicants are required to prove a monthly income of approximately R37 000 to obtain the visa, the department failed to monitor compliance with this financial requirement after the permit has been issued. 

“This lack of post-issuance oversight creates an environment, where the visa’s conditions can be easily circumvented, undermining the integrity of the immigration system.”

Recommendations to strengthen immigration system

To curb fraud and corruption in the immigration system, the SIU has recommended that:

• The Department of Home Affairs should strengthen its contract management. The Department should consider the enforcement of an ethical culture and provide ethical training to its employees.
• The department should consider vetting of all employees.
• The department should consider system integration on all its processes, including those of other government departments linked to the Department of Home Affairs.
• The system integration should take into account the interim findings of the SIU and the observations thereto.
• The department should consider developing a step-by-step guideline on how verification should be conducted.
• The department should consider strengthening its verification process before the issuance of visas.
• The department should consider having quality assurance before the issuance of visas. The department should consider system integration between the department and the Department of Labour.
• The department should consider enforcing compliance with its prescriptions by the company to issue a business visa to report to the department upon termination or cancellation of the visa.

“The findings make one thing clear: South Africa’s immigration system was treated as a commodity. Permits and visas were sold, traded and laundered. These findings show that corruption in the visa system is not incidental; it is organised, deliberate, and devastating to public trust. Integrity is betrayed,” Lekgetho concluded. – SAnews.gov.za

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