PRETORIA, Gauteng — Deputy Employment and Labour Minister Jomo Sibiya has issued a stark warning that employers are not prepared to prioritise South Africans for jobs, following an intensive compliance operation in Pretoria. The multi-agency sting operation, led by Sibiya, targeted businesses suspected of exploiting migrant workers and violating national labour and immigration laws.
The enforcement action was carried out by a joint task team comprising the Department of Employment and Labour, the South African Police Service (SAPS), the Johannesburg Metropolitan Police Department (JMPD), and the Department of Home Affairs. The initiative aims to address severe workplace challenges, particularly the employment of undocumented foreign nationals and the exploitation of vulnerable workers.
During the inspection of the first targeted venue, officials uncovered widespread non-compliance with several critical regulations. These violations included breaches of the Basic Conditions of Employment Act, Occupational Health and Safety (OHS) standards, the Minimum Wage Act, as well as UIF and Compensation Fund requirements. Inspectors discovered approximately 40 undocumented foreign immigrants on the premises, though it is believed several others fled before the raid. Additionally, the investigation revealed that employees were subjected to excessively long working hours without receiving overtime pay.
The situation escalated at a second, large-scale establishment where authorities anticipated finding a workforce consisting of 90% illegal foreign nationals. However, upon arrival, inspectors found that the undocumented workers had been removed just 30 minutes prior to the raid. Sibiya noted that the massive establishment, which normally employs between 50 and 60 workers, was clearly tipped off.
While the employers attempted to evade the inspection, officials discovered severe OHS violations regarding illegal and poorly maintained electrical connections at the site. Consequently, authorities immediately shut down the establishment’s electricity, halting operations.
Describing the non-compliant employers as arrogant, Sibiya emphasized that the government’s crackdown will be a daily commitment driven by a direct mandate from the President to prioritise local workers and deal with illegal immigration in the workplace.
To enforce this mandate, the Department is undergoing significant law reforms. A new proposal seeks to impose a massive financial penalty on businesses, fining employers a minimum of R100,000 for every illegal foreign immigrant found on their payroll. Under this proposed structure, a company caught with 10 undocumented workers would face a R1 million fine, while 20 undocumented workers would result in a R2 million penalty.
To ensure these laws are strictly enforced across the country, the Department is currently recruiting 10,000 new labour inspectors, a massive expansion originally announced by the President during the State of the Nation Address (SONA). Sibiya assured the public that these new inspectors will quadruple the department’s operational capacity, ensuring that businesses that continue to employ undocumented immigrants and ignore local labour laws are held fully accountable.
