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Government Cracks Down on Employers Hiring Illegal Foreign Workers in South Africa
The South African government has intensified its efforts to combat illegal employment practices, with 68 employers arrested and fined a total of R680,000 for violating employment and immigration laws.
The Department of Employment and Labour (DEL) detailed these figures in a recent Parliamentary Q&A, underscoring its strict enforcement approach to businesses hiring foreign workers without valid permits.
Employers Face Fines and Arrests for Noncompliance
According to the DEL, these arrests resulted from blitz inspections conducted in collaboration with the Department of Home Affairs (DHA) and the South African Police Service (SAPS).
“During such operations, DEL’s mandate is to enforce the implementation of labour laws to ensure the protection of workers in those particular companies,” the department stated.
The inspections led to the arrest of 322 employees working illegally, while each employer arrested was fined R10,000.
Breakdown of Arrests and Fines
The Eastern Cape recorded the highest number of employer arrests, with 34 business owners fined a total of R340,000. However, Limpopo saw the highest number of employee arrests, with 163 workers detained, despite only eight employer arrests.
| Province | Employers Arrested | Employees Arrested | Total Fines Paid |
|---|---|---|---|
| Limpopo | 8 | 163 | R80,000 |
| Eastern Cape | 34 | 34 | R340,000 |
| Mpumalanga | 15 | 30 | R150,000 |
| Western Cape | 2 | 43 | R20,000 |
| Gauteng | 4 | 34 | R40,000 |
| KwaZulu-Natal | 5 | 16 | R50,000 |
| Free State | 0 | 2 | R0 |
| Northern Cape | 0 | 0 | R0 |
| North West | 0 | 0 | R0 |
| Total | 68 | 322 | R680,000 |
Government’s Zero-Tolerance Approach to Illegal Hiring
This crackdown follows the government’s commitment to stricter enforcement of employment laws. Employment and Labour Minister Nomakhosazana Meth previously announced a major compliance drive, during which the DEL conducted nearly 2,900 workplace inspections in just one week.
These inspections targeted various labour law violations, including:
- Hiring foreign workers without valid permits
- Wage and salary compliance issues
- Workplace safety and occupational health violations
To further enhance compliance monitoring, the DEL plans to expand its inspectorate from 2,000 to nearly 20,000 inspectors over the Medium-Term Expenditure Framework (MTEF) period.
“The goal is not only to enforce compliance but also to promote social justice and safeguard workers’ rights,” Minister Meth emphasized.
Legal Experts Warn Employers to Review Compliance
Following the recent arrests, legal experts have urged South African businesses to ensure they are fully compliant with immigration and labour laws.
Law firms Cliffe Dekker Hofmeyr (CDH) and Dentons have advised companies to review their hiring practices, particularly regarding foreign nationals, to avoid legal repercussions.
“Understanding and complying with this legal framework is essential to ensure companies don’t violate prescribed laws and avoid the consequences of noncompliance,” Dentons stated.
The South African government has made it clear that businesses failing to comply with employment and immigration regulations will face severe consequences. As enforcement efforts increase, companies are advised to take proactive steps to ensure all employees are legally employed.
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