Contact

Honesty is the best policy: Possible jail time for CV fraudsters

Back to top

Honesty is the best policy: Possible jail time for CV fraudsters

On 13 August 2019, the National Qualifications Framework Amendment Act, No 12 of 2019 (the Act) was signed into law. While the Act is not yet in effect, when it comes into effect, lying on a CV could result in prison time, a fine or both.

26 Aug 2019 1 min read Employment Alert Article

Section 32B(3) of the Act provides that “A person is guilty of an offence, if such person falsely or fraudulently claims to be holding a qualification or part-qualification registered on the NQF or awarded by an education institution, skills development provider, QC or obtained from a lawfully recognised foreign institution.”

In terms of s32B(6), any person convicted of an offence in terms of s32B(3) is liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and imprisonment.

The amendments mean that fraudulently misrepresenting one’s qualifications or part-qualifications can have very serious consequences, over and above the possibility of being dismissed for misrepresentation and/or dishonesty.

Having regard to the broad manner in which s32B(3) is drafted, the offence is not limited to misrepresentations on CVs alone. It can include, for example, fraudulent misrepresentations on social media platforms such as Facebook and LinkedIn.

The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2023 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.

You might also be interested in

21 Sep 2023

by Adnaan Kariem

The borrowing powers of universities

In recent years, South African universities have increasingly been borrowing large sums of money to fund their major infrastructure projects or working capital requirements. In this article, the source of public higher educational institutions’ (referred to as universities) borrowing powers is discussed.

Finance & Banking Law

5 min read

19 Jun 2023

by Gillian Lumb and Sebastian Foster

Police intervention in violent strikes

Given the unfortunate reality that strikes can be characterised by violence, it is important to understand the role the police can be called upon to play in ensuring that violence and damage to persons and property is prevented, or where it has already taken place, does not continue.

Employment Law

4 min read

1 Feb 2023

by Albert Aukema and Reece May

When there is no thread of evidence: Inferential reasoning in cartel cases clarified by the Competition Appeal Court in alleged blanket cartel

On 17 December 2021, the Competition Appeal Court (CAC) handed down its judgment in Aranda Textile Mills (Pty) Ltd & Mzansi Blanket Supplies (Pty) Ltd v the Competition Commission of South Africa CAC Case No: 190/CAC/DEC20 where it clarified what must be proved to establish a cartel case based on circumstantial evidence and inferential reasoning.

Competition Law

5 min read

2 Nov 2023

by Nicholas Carroll

Don’t go banking on review

The ability to review our revenue service’s decisions in the High Court is a question that has plagued South Africa’s legal system since the amendment of section 105 of the Tax Administration Act 28 of 2011 (TAA). Now the highly anticipated decision of the Supreme Court of Appeal (SCA) in Commissioner, SARS v Absa Bank Ltd and Another ZASCA 125 (29 September 2023) ( Absa ), dealing with just this issue, has been handed down. However, no ground-breaking decision, as hoped, was forthcoming, and taxpayers have returned to square one.

Tax & Exchange Control

7 min read

23 Mar 2023

by Puleng Mothabeng

In with the new and out with the old: New rules promulgated under the Tax Administration Act

New rules governing objections and appeals under the Tax Administration Act 28 of 2011 (TAA) were promulgated by the Minister of Finance on 10 March 2023 (new rules). The new rules came into effect on the date of publication and, therefore, replace the ‘old rules’ (promulgated in 2014) with immediate effect.

Tax & Exchange Control

7 min read

11 Oct 2023

by David Thompson, Muzammil Ahmed and Lara Sneddon

Agribusiness acquisitions: What to know before you buy

While each business acquisition is unique, acquiring an agri-business raises some specific, important issues. These should always be considered and dealt with to some extent in the relevant sale agreement/s. In this alert, we briefly explore five of these issues. The structure of the deal will influence the wording of the relevant clauses but not the principles involved.

Agriculture, Aquaculture & Fishing

3 min read

This website uses cookies to enhance the browsing experience. For more information, please see our Cookie Policy.

Accept Decline