August 2026
As tensions continue to grow over jobs and the employment of undocumented foreign nationals in South Africa, the government is moving to tighten the rules around the hiring of migrant workers.
Minister of Employment and Labour Nomakhosazana Meth has presented the Employment Services Amendment Bill to Parliament’s Portfolio Committee on Employment and Labour.
The Bill seeks to put South African job seekers first, while ensuring that foreign nationals who are legally allowed to work in the country are protected from exploitation.
Under the proposed changes, employers would have to show that they have tried to recruit suitably qualified South Africans before employing foreign nationals.
The Bill would also give the Minister powers to set limits on the employment of foreign nationals in certain sectors, occupations or geographical areas.
“Illegal immigration must be handled through lawful state enforcement. Vigilantism must be rejected, but the concerns of South Africans must be acknowledged. The Employment Services Amendment Bill is contributing towards exactly that,” Meth said.
The Bill also aims to protect foreign workers from being exploited at work.
Foreign nationals who are employed unlawfully would still be able to take action against their employers if their labour rights are breached.
Employers would also not be allowed to give foreign workers jobs that are not covered by their visas or permits.
“Under the proposed amendments, foreign nationals employed in contravention of the law will retain the right to enforce employment-related claims against employers.
“This provision seeks to prevent unscrupulous employers from taking advantage of workers’ immigration status by paying below-regulated wages or imposing conditions that fall short of South African labour standards and collective agreements”.
The Bill also proposes tougher fines for employers who break the rules:
Meth said the government was trying to balance the need to protect jobs for South Africans with the rights of foreign nationals who are legally entitled to work in the country.
“We are trying to strike a balance: to prioritise South Africans, while ensuring that those who are legally in the country and qualify in terms of our laws are also given an opportunity,” Meth added.
The Bill will now go through a public consultation process.
The Portfolio Committee has agreed to invite written submissions before it continues with its consideration of the proposed legislation.
Click here to view the source.