The government is set to step up enforcement against employers hiring undocumented foreign nationals, as part of a broader effort to protect labor standards, promote fair competition and create opportunities for South Africans.
Addressing the nation on Sunday, President Cyril Ramaphosa said illegal immigration undermines efforts to create decent work and contributes to the exploitation of vulnerable workers.
He acknowledged that some employers hire undocumented immigrants because their legal status prevents them from standing up for their rights, allowing businesses to pay wages below minimum wage and impose excessive work hours without fair compensation.
“We have discovered a number of workplaces where undocumented immigrants are made to work in very poor conditions,” the president said. He said employers who knowingly hire undocumented workers are breaking the law, undermining labor standards, fair competition and opportunities for South Africans.
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President Ramaphosa said that going forward, such conduct will face stronger penalties and stricter enforcement.
As part of the government's broader approach to migration management, authorities will step up inspections of companies that employ undocumented foreign nationals.
The inspections will be carried out by the South African Police Service, the Department of Home Affairs and the Department of Employment and Labour.
To strengthen labor law enforcement, the Department of Employment and Labor has initiated a phased recruitment of 10,000 inspectors during the current financial year.
The government also plans to increase penalties, including prison, for employers who violate immigration laws.
President Ramaphosa said authorities could no longer allow employers found guilty of breaking the law to “just pay the fine” and continue exploiting undocumented workers.
employment quota
The government has finalized the National Labor Migration Policy, which proposes a maximum quota for employment of documented foreign nationals and includes measures to deal with employers hiring undocumented workers.
The Employment Services Amendment Bill, which has been approved by the Cabinet for introduction in Parliament, will empower the Minister of Employment and Labor to prescribe quotas for employment of foreign nationals in specific economic sectors and occupational categories.
President Ramaphosa said these measures are part of the government's efforts to ensure that businesses compete fairly, labor laws are respected and create more opportunities for South Africans.
transportation sector
The transport sector has also been identified as an area in need of intervention.
The government is implementing a plan developed with the logistics and freight industry as well as labor organizations to address violations of immigration and labor laws in the sector.