25 September 2026
South Africa’s proposed Employment Services Amendment Bill introduces heavy penalties for employers, including private households, with undocumented workers.
For a first offence, any employer, including private households hiring domestic workers, can face up to a R100,000 fine per undocumented worker.
A second offence, within three years, incurs a R200,000 fine, while repeat offenders face fines of up to R1 million or potential jail time.
This legislation is currently open for public comment until 6 November.
Labour law expert Michael Bagraim explained that while the bill’s primary objective is to prioritise the employment of South Africans, this may not be the right approach.
One of the bill’s most contentious aspects is the introduction of quotas for foreign nationals in specific sectors.
He argued that this could lead to unequal treatment of undocumented workers, even if they are legally employed in South Africa.
“I think it is unconstitutional, and that will be challenged in due course… But it also looks like an election ploy. These things often arise just before the elections.”
Bagraim highlighted cases of individuals employed by residents for decades, only to be told they must leave the country and reapply for work permits.
Another issue Bagram raised is the lack of resources and infrastructure to enforce the bill’s provisions.
“We don’t have any ability in the country to actually monitor this, to enforce it… And even to report on it, we just don’t have the ability.”
The bill’s potential impact on employers is also a concern, particularly when it comes to dismissing undocumented workers.
Bagraim said that the Constitution and the Commission for Conciliation, Mediation and Arbitration (CCMA) currently require employers to follow a lengthy process before terminating an employee’s contract.
“Our Constitution says that all workers in South Africa will have equal rights.”
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