In August 2019 we wrote about the National Qualifications Framework Act (“the Act”) which had just been signed into law (https://www.chmlegal.co.za/nqf-amendment-act). That Act paved the way for long-overdue action to be taken against rogues who peddled their fraudulent qualifications, seeking to gain entry to employment, or positions of power and influence. Unfortunately, more than four years went by before the President quietly enacted (most of) its provisions on 13 October 2023.
It is not unusual for employment lawyers to receive instructions from employers who have discovered that one (or more) of their employees have suspicious qualifications. In 2019 there was the well-publicised case of Mr Daniel Mthimkhulu, who had convinced the Passenger Rail Agency (initially, at least), that he had obtained not only an undergraduate degree from the Vaal University of Technology, but also a doctorate from the Technical University of Munich. This was, of course, not true and by the time the gambit was discovered by PRASA he had been paid several million Rand because of his misrepresentation. Subsequent legal proceedings did not go well for Mr Mthimkhulu.
Similarly, Mr Sheldon Naidoo applied for a position at Umgeni Water and was appointed on the strength of his B.Sc degree and academic results that he had allegedly attained at the University of KwaZulu-Natal. After discovering that his qualifications were bogus, Umgeni Water successfully claimed back every cent that it had paid to Mr Naidoo based on his fraudulent misrepresentation.
The amendments which finally came into effect on 13 October 2023 are an important step in dealing with charlatans seeking to dupe an unsuspecting employer. Here is a list of the important changes:
- The South African Qualifications Authority (“SAQA”) is empowered to verify all qualifications and may decide on the status of any qualification;
- Every private education institute or skills development provider must be registered with the relevant department and will then only be accredited to offer qualifications;
- SAQA is required to establish and maintain a register of misrepresented or fraudulent qualifications; and
- SAQA is also required to notify the relevant professional body should it identify an inauthentic or misrepresented qualification.
Section 32A of the Act, which places an obligation on employers to validate any qualification presented to them by ensuring that the qualification is registered on the national learners’ records database before appointing the prospective employee and/or job seeker has not been enacted. The reason for this is likely to allow SAQA to establish the national learners’ records database and the obligation on employers is likely due to follow at some point in the future.
In the meantime, employers will need to reconsider their existing policies and procedures, and possibly adopt more robust ones to weed out fraudsters and opportunists from joining or climbing their ranks. Thorough background and reference checks should be completed during recruitment processes and any candidates with suspicious qualifications should be reported to SAQA for further investigation. Where legal proceedings can be taken against fraudsters, employers should take the necessary steps to ensure that they are held accountable. The need for this is even more important in view of the dysfunctional state of the SAPS.
* Published in Business Day on Friday, 2 February 2024
