Picture: Higher education institution/Generic
By BAKANG MOKOTO
27 August 2026 – The Department of Employment and Labour inspections of higher education institutions has found that in the financial year 2025–2026 for the period covering (April–March) these were found to be non-compliant with the Employment Equity Act (EEA) – indicating that compliance risk is likely understated, not overstated, by current inspection coverage. The department briefly appeared before the Portfolio Committee on Higher Education in Cape Town to brief and update it regarding the monitoring of compliance by South African universities with the Employment Services Act, 2014, and the Employment Equity Act and other relevant legislation, specifically in relation to the appointment of foreign nationals.
The inspections happened during the transition period following the coming into effect of the new EE Act of 2022 and the setting of five-year sectoral targets.
The acting Chief Director of Department of Employment and Labour’s Statutory and Advocacy Services, Advocate Michael Msiza said the department completed 1 948 inspections, 181 were found to be compliant and in 1 767 of inspections were found non-compliant. Msiza said the department has allowed the institutions to prepare themselves to put systems in place to implement and monitor their EE Plans.
“Soon, we will be cracking the whip to ensure compliance with the laws of the country. The department was appearing before the committee alongside the Special Investigating Unit (SIU) on updates regarding investigations in the Post-School Education and Training (PSET) system, including the issuance of study and work permits, the Department of Higher Education and Training (DHET) and Department of Home Affairs on the issuance of work and study visas within the Post-School Education and Training (PSET) sector, as well as progress on the development of the Critical Skills List.
“Elaborating on the performance of the institutions of higher education, we warned that overall, at the rate these institutions were implementing transformation, this country may not be transformed,” he said.
Msiza further said institutions of higher education are centres of excellence, skills development, research and scholarship and talent identification. He added that, therefore, there is no excuse that they do not have qualified candidates within.
Msiza said the question that needs to be asked is what is really happening in these institutions? He singled out the University of Cape Town and Witwatersrand as problematic.
“We have identified allegations of another area of growing concern, where academic personnel were being appointed without interviews,” said Msiza.
The Department’s Inspector General Aggy Moiloa said the department will be focusing its inspection energies on the accommodation provided to students in relation to compliance with Occupational Health and Safety.
Director of Employment Equity in the Department, Dr Ntsoaki Mamashela, said the rise in the number of foreign nationals at institutions of higher learning, especially at senior and top levels, is worrying.
“Given the high level of unemployment, one wonders what skills foreign nationals are bringing that do not exist in South Africa. Universities produce graduates, but they seem not able to absorb their own products.
“We cannot fail in our statutory obligation and hide behind internationalisation,” she expressed concern.
Meanwhile, the Special Investigative Unit (SIU) has obtained a proclamation to investigate illegality in the obtaining of study visas. It said in its submission that it was not against the policy of internationalisation, however “it cannot be a free for all”. The SIU said that there can never be a justification why an institution will hire a foreign national when there is a South African.
“Processes must be followed. Universities cannot break the law and claim internationalisation. In some institutions, we feel the law has been broken,” said SIU.
SIU disclosed that foreign nationals obtain study visas on the strength of submitting fraudulent documents, and this was done in collusion with officials from education institutions and the Department of Home Affairs.
The Guardian 