PRETORIA, GAUTENG — The Employment and Labour Department has introduced proposed legislative changes that could significantly impact both corporate entities and private households. Under the newly suggested bill, employers face severe financial penalties, including R100,000 fines for each undocumented worker found on their premises, signaling a strict new approach to immigration compliance.
Sam Morotoba, Deputy Director-General at the department, explained that the proposed bill is currently being prepared for parliamentary consideration. If passed, the legislation will introduce a tiered penalty system for non-compliance. The first offense of employing an undocumented migrant could result in a R100,000 fine. Subsequent offenses would see penalties escalate, potentially calculated as a percentage of the employer’s total profits.
For repeat offenders who knowingly continue to employ undocumented foreign nationals, the consequences could be even more severe. Morotoba noted that penalties could escalate to R1 million or potentially include jail time. However, he acknowledged that the maximum financial penalty was a subject of heated debate at NEDLAC (the National Economic Development and Labour Council). Lawmakers recognized that while a R1 million fine might merely be a budgeted expense for a large corporation, it would be financially devastating for an individual or small business. Ultimately, the final penalties will be determined by parliamentarians.
The proposed changes extend beyond corporate boardrooms to private households. Currently, fines for employing undocumented individuals are enforced under the Immigration Act of 2002. However, the department is reviewing International Labour Organization (ILO) Convention 189, adopted in 2011, which specifically addresses the procedures and processes for migrant workers. Morotoba highlighted that domestic work is a critical source of income, particularly for undereducated individuals. Consequently, the department is exploring ways to treat domestic workers differently within the new legislative framework to balance immigration enforcement with socioeconomic realities.
The conversation also touched on the broader scope of South Africa’s migration policy and the necessity of bilateral labor agreements. Morotoba referenced historical agreements dating back to the 1960s that brought workers from Malawi, Mozambique, and Zimbabwe into the country. He emphasized that modern bilateral agreements must focus on protecting the standards and rights of foreign nationals entering South Africa, just as the government seeks to protect South Africans working abroad in places like Saudi Arabia or on the Lesotho Highlands Water Project. The goal is to ensure smooth, orderly, and governed labor movement between nations.
For employers wondering how to ensure compliance, Morotoba outlined the specific documentation required. Employers must verify that their staff possesses a valid passport accompanied by the necessary work permit. In the absence of a standard work permit, employees might hold special permits—such as the Zimbabwe, Lesotho, or Angola special permits—permanent residence identification, or official refugee and asylum papers. Morotoba also pointed out a prevailing “gray area” in the country where individuals use specific visas for purposes other than those originally intended, a challenge the department hopes to address.
Addressing public concerns about how these laws will be monitored and whether inspectors will enter private homes, Morotoba confirmed that multi-disciplinary task teams are actively conducting unannounced raids and inspections across the country. Rather than focusing on the mechanics of the inspections, he advised that the best course of action for all employers is to simply ensure their paperwork is in order and remain on the right side of the law.
