The Department of Employment and Labour has announced a comprehensive overhaul of labour market enforcement and migration policy, aimed at ensuring South African citizens receive priority access to employment opportunities while maintaining a regulated, fair system for foreign workers.
Speaking at a Government Communication and Information System (GCIS) Deep Dive Media Engagement, Employment and Labour Minister Nomakhosazana Meth outlined the government’s dual mandate: tackling the country’s persistently high unemployment rate while upholding lawful migration practices.
“These reforms are intended to strengthen labour market governance, improve the regulation of employment services, and protect labour standards,” Minister Meth stated.
Key Legislative Measures
Central to the reform package are two critical instruments:
- The National Labour Migration Policy, which provides a coordinated framework for managing labour migration in alignment with national development goals.
- The Employment Services Amendment Bill, which significantly expands the enforcement powers of labour inspectors and introduces stricter penalties for non-compliance.
Under the new provisions, employers found guilty of hiring undocumented foreign nationals or bypassing local recruitment channels could face fines of up to R100,000. The bill also mandates greater utilisation of Employment Services South Africa (ESSA), the state’s official platform for matching job seekers with vacancies.
“It is important for employers to be deliberate in utilizing ESSA to recruit South Africans, and in abiding with the law to prioritise South Africans and employ those who are legally in South Africa from other countries,” Meth emphasised.
Rejecting Harmful Narratives
Minister Meth firmly pushed back against perceptions that South Africans are reluctant to take available work.
“We must firmly reject the narrative that South Africans are unwilling to work. Millions of South Africans wake up every day in search of work, eager to contribute their skills, earn a living and support their families,” she said.
Deputy Minister Jomo Sibiya reinforced this position, urging employers to end the practice of favouring undocumented migrant labour.
“There is nothing like South Africans do not want to work; we must stop that notion,” Sibiya declared. “Non-compliance is very expensive. You can’t prioritise illegal immigrants because you want to exploit them.”
Enforcement in Action
The department has already intensified inspections in high-risk sectors, including construction, hospitality, and agriculture. In a recent operation in the Western Cape, labour inspectors identified 79 undocumented foreign nationals working at a single construction site.
“We’ve been going big on construction,” Sibiya noted, adding that engagement with industry stakeholders remains a priority alongside enforcement. “We are going to engage as well with the construction sector, as we are doing with hospitality.”
Balancing Local Protection with Skills Needs
While prioritising South African job seekers, government officials stressed that the reforms are not designed to exclude foreign talent where critical skills gaps exist.
“They seek to strike an appropriate balance between safeguarding employment opportunities for South Africans and meeting the economy’s demand for critical skills,” Meth explained.
Acting Deputy Director-General Thembinkosi Mkalipi clarified that the National Labour Migration Policy explicitly includes provisions for the informal sector and aligns with broader cross-government economic initiatives. He also highlighted successful partnerships with e-hailing and delivery platforms that have expanded access to work for local citizens.
“The Minister talked about this perception that South Africans don’t like certain jobs, which is not true,” Mkalipi said.
A Vision for an Equitable Labour Market
The labour migration reforms form part of a wider strategy to enhance labour market governance, reduce unemployment, and uphold decent work standards across all sectors.
Minister Meth concluded that the ultimate objective is a labour market that is “fair, orderly and supportive of inclusive economic growth.”
“Collectively, these measures will contribute to a more orderly, equitable, and effective labor market that protects workers, supports employers, and advances inclusive economic growth.”
