Important Legal Update Regarding Fake Qualifications May Impact How You Hire

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Lying about a qualification on a CV is no longer just a dismissible offence in South Africa, it’s a criminal one, carrying up to five years in prison. The law behind that shift has been in force since 2023, and it changes what employers are expected to do before they hire.

What the law actually changed

The National Qualifications Framework Amendment Act (NQAA) came into force on 12 September 2023. It gives the South African Qualifications Authority (SAQA) new powers to verify qualifications, including foreign ones, and to maintain a register of misrepresented or fraudulent qualifications. It also introduces criminal sanctions, not just for lying on a CV or job application, but for falsely claiming any qualification registered on the National Qualifications Framework, including on social media or in casual conversation.

Why this matters

SAQA has previously uncovered close to 1,000 fraudulent qualifications in a single financial year, spanning outright fabrication and simple embellishment of real qualifications. The NQAA was built specifically to close that gap with a genuine enforcement mechanism, not just a policy statement.

What employers are now expected to do

Before appointing a new employee, employers should take reasonable steps to authenticate the qualifications presented to them. SAQA’s register of misrepresented qualifications is a resource employers can use directly to check a candidate’s claims before making an appointment.

What happens if someone is caught

Anyone found to have misrepresented or fabricated a qualification faces a fine, imprisonment of up to five years, or both. Educational institutions or training providers that falsely claim SAQA accreditation face criminal liability too.

Frequently asked questions

Is the NQAA actually in force, or still pending?

It has been in force since 12 September 2023. Lying about a qualification is now a criminal offence, not just grounds for dismissal.

Do employers have to verify every candidate’s qualifications?

Employers are expected to take reasonable steps to authenticate qualifications before appointing someone, though the precise scope of that obligation continues to be clarified in practice.

Does this law only apply to job applications?

No. It covers any false or fraudulent claim to hold a registered qualification, including on social media, not just on a CV or in a job interview.

Verification is no longer optional

With criminal liability now firmly in place, treating qualification checks as a formality rather than a genuine part of the hiring process is a real compliance risk, not just a hiring best practice.

Further reading: 6 Steps to Successful Client Onboarding | South African Qualifications Authority for official qualification verification

Originally published in November 2019. Updated September 2026 to confirm the NQAA came into force in September 2023, replacing the original “not yet law” framing. The underlying employer obligations remain current.

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Tshepho Joel

Tshepho Joel is an experienced digital strategist with a proven track record of lifting user retention, leads, and revenue. Drawing on a robust background in performance marketing, he brings a data-driven, results-first eye to his work. Above all, he is dedicated to helping South African entrepreneurs start, fund, and grow their businesses.

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