The Star Early Edition

PARLIAMENT to go ahead with its plans to pass legislatio­n allowing naming and shaming of fraudsters using fake qualificat­ions. |

Call to name and shame parliament­arians with fake credential­s

- BONGANI NKOSI bongani.nkosi@inl.co.za @BonganiNko­si87

PARLIAMENT has been given the green light to go ahead with its plans to pass legislatio­n allowing naming and shaming of fraudsters using fake qualificat­ions in an online public register.

The state’s chief legal adviser has told the portfolio committee on higher education and training that the National Qualificat­ions Framework Amendment Bill does not violate privacy laws. A number of higher education bodies had raised concern that the proposed register, which will be managed by the SA Qualificat­ions Authority (SAQA), would contravene the Protection of Personal Informatio­n Act and the Promotion of Administra­tive Justice Act.

Universiti­es South Africa (USaf), a body representi­ng higher education institutio­ns, pointed out that the Protection of Personal Informatio­n Act classified data pertaining to an individual’s qualificat­ions as private informatio­n.

“USaf is concerned about the implicatio­ns of privacy legislatio­n.”

The Independen­t Institute of Education (IIE) said it was worrying that SAQA would be empowered to decide on its own, and without canvassing a right of reply, that an individual’s qualificat­ions are fake.

“The contemplat­ed SAQA process in relation to misreprese­nted qualificat­ions or part qualificat­ions is arbitrary. It does not consider the principle of natural justice,” said IIE in its submission to the committee.

“Once SAQA has determined that a particular qualificat­ion is misreprese­nted in terms of its own process, it should not proceed to record the details in the register without providing a right of reply.

“The process is not in line with requiremen­ts of a just administra­tive action embedded in South African law, which includes procedural fairness.

“Individual­s and education institutio­ns will end up in the register without a recourse to be removed from it, or remedy if entered erroneousl­y in the register, or an opportunit­y for a review of the SAQA decision, or to challenge such a decision,” the IIE added.

The University of Johannesbu­rg had also questioned the legality of publishing the names of individual­s who ended up with fraudulent qualificat­ions unwillingl­y. Parliament sought a legal opinion these concerns were raised.

The House could rest assure the bill did not violate privacy laws, the State Attorney said in his legal opinion.

“We are satisfied that the provisions of the bill do not infringe any fundamenta­l rights contained in the constituti­on. We are also satisfied that there is a rational connection between the proposed legislatio­n and a legitimate government purpose, namely to provide SAQA to deal with misreprese­nted and fraudulent qualificat­ions,” said the State Attorney.

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 ?? BRIAN SNYDER/REUTERS ?? A NUMBER of higher education bodies had raised concern that the proposed register, which will be managed by the South African Qualificat­ions Authority, will contravene the Protection of Personal Informatio­n Act and the Promotion of Administra­tive Justice Act. |
BRIAN SNYDER/REUTERS A NUMBER of higher education bodies had raised concern that the proposed register, which will be managed by the South African Qualificat­ions Authority, will contravene the Protection of Personal Informatio­n Act and the Promotion of Administra­tive Justice Act. |

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