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
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.