03 Oct CV Fraud Punishable by Law

In August 2019 an Amendment to the National Qualifications Framework Act was gazetted, which will have a direct impact on job seekers and employers.  Among other things, the act makes direct mention of job applicants and employees misrepresenting themselves on their CV’s and job applications, and such misrepresentation may be punishable by fine and/ or imprisonment.

 

Below is a summary of what the amendment says with regards to this.  If you would like a copy of the amendment, please feel free to email us or visit the department of labours website (www.labour.gov.za)

 

A person will be deemed guilty of an offense if:-

  • A person makes or causes to be made a false entry in the national learners’ records database; is a party to the falsification of; or with a fraudulent purpose, knowingly provided false or misleading.
  • A person or training provider is guilty of an offence if they claim to be offering a qualification or part qualification registered on the NQF whereas that qualification or part qualification is not so registered.
  • A person is guilty of an offence, if they falsely or fraudulently claims to be holding a qualification or part-qualification registered on the NQF or awarded by an education institution or obtained from a lawfully recognised foreign institution.
  • Any person or training institution is guilty of an offence if it falsely claims to be registered and accredited as an education institution.

If a person or training institution is convicted of any offence under this Act, the court that imposes the sentence shall consider as an aggravating factor the fact that the offence was—

  • committed with the intent to gain financially, or to receive any favour, benefit, reward, compensation or any other advantage; or
  • gained financially, or received any favour, benefit, reward, compensation or any other advantage.

Any person convicted of an offence in terms of this Act, is liable to a fine or to imprisonment for a period not exceeding five years, or to both fine and such imprisonment.



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