Bill set to name, shame educators with fraudulent qualifications

PARLIAMENT’S portfolio committee on higher education and training has adopted a Bill which which will “name and shame” those holding and using false qualifications.

Committee acting chairperson Charles Kekana said the Bill was necessary to ensure that individuals are correctly placed in positions and have the correct qualifications.

“The Bill empowers the South African Qualifications Authority (SAQA) to establish and maintain separate registers for professional designations, misrepresented qualifications and part-qualifications, and fraudulent qualifications. “The SAQA is also empowered to evaluate foreign qualifications or part-qualifications and publish criteria for evaluating foreign qualifications or part-qualifications,” said Kekana.

According to the National Qualifications Framework Amendment Bill, qualifications presented for study, employment or appointment will be referred to SAQA for verification or evaluation.

All qualifications must be captured on the SAQA database.

The Bill states that any person who fraudulently claims to have received a qualification is guilty of an offence, and is liable of conviction to any sentence which may be imposed for an offence of fraud.

The DA has opposed the Bill, saying that it is superfluous and onerous on employers and educational institutions.

DA MP Belinda Bozzoli said the Bill places much of the tasks to be undertaken by a body which may not be able to meet the demands “put upon it”.

“We do not support the Bill, and we are going to vote against the Bill. We believe it will introduce red tape into the businesses that are now going to have to conform to it.

South Africa has been battling with combating qualification fraud.

In the recent past, former SABC chairperson Ellen Tshabalala resigned after a parliamentary committee found her guilty of lying to Parliament about having a degree.

Executive Mayor Solly Msimanga’s chief of staff, Marietha Aucamp, was also forced to resign last month after it emerged that she lied about her qualifications.

However, Bozzoli said the DA would oppose the Bill as the party thinks it will place a strain on job creation, the smooth running of business and government, and access to educational opportunities.

“We are worried about the role of SAQA which is going to have to run this database which will need to be 100% up to date and perfect.

“We don’t think that is the government’s strength. It will be given the responsibility of running this huge database which contains the names of all graduates, all qualifications and fraudulent qualifications. It’s a huge task for SAQA,” said Bozzoli.

A number of higher education bodies have raised concerns that the proposed register, which will be managed by the SAQA, would contravene the Protection of Personal Information Act and the Promotion of Administrative Justice Act.

Parliament legal services told the committee in August that the Bill does not violate privacy laws.

The Bill will now go to the House for adoption, and thereafter, it will go to the president, who will have to pass it into law.