In a crackdown on labour law violations, the Department of Employment and Labour (DEL) has fined 68 employers a total of R680,000 for hiring undocumented foreign workers without valid work permits. This enforcement follows blitz inspections conducted in collaboration with the Department of Home Affairs and the South African Police Service (SAPS).
Government’s Crackdown on Illegal Employment
Minister Nomakhosazana Meth, in a parliamentary response, revealed that the department’s primary objective is to enforce labour laws to protect workers, while the Department of Home Affairs ensures compliance with immigration regulations.
“In the event of non-compliance with immigration laws, the Department of Home Affairs arrests the non-compliant employers and employees,” said Meth.
During the inspections, 68 employers and 322 foreign nationals were found violating labour and immigration laws across all nine provinces.
Breakdown of Fines and Offenses by Province
Each of the 68 employers was fined R10,000, bringing the total amount to R680,000. The Eastern Cape saw the highest number of violations, with 34 employers fined a collective R340,000. Other affected provinces include:
- Mpumalanga: 15 employers fined
- Limpopo: 8 employers fined
- KwaZulu-Natal: 5 employers fined
- Western Cape: 2 employers fined
Of the 322 foreign nationals arrested, the highest number—163—was from Limpopo, followed by:
- Western Cape: 43 individuals
- Eastern Cape & Gauteng: 34 each
- Mpumalanga: 30 individuals
- KwaZulu-Natal: 16 individuals
- Free State: 2 individuals
Work Permit Applications and Rejections
In a separate parliamentary reply, Minister Meth disclosed that between April 2023 and March 2024, the DEL processed 6,255 work permit applications. The department plays an advisory role, making recommendations on corporate work visa applications, but the final decision rests with the Department of Home Affairs.
Of the 60 corporate applications reviewed:
- 5,383 work visa applications were rejected
- 872 work visas were recommended
The highest number of applications came from:
- Zimbabwe: 445 applications
- Lesotho: 250 applications
- Mozambique: 86 applications
- Namibia: 70 applications
Most of these applications were for employment in the mining, agriculture, and education sectors.
Addressing Illegal Employment Practices
The government continues to intensify efforts to curb illegal employment practices. The fines imposed on employers and the strict oversight of work permit applications are part of a broader strategy to protect the local workforce while ensuring compliance with immigration laws.
Conclusion
While the crackdown sends a strong message to non-compliant employers, critics argue that enforcement needs to be more widespread and consistent. The collaboration between government departments highlights the seriousness of addressing illegal employment in South Africa, but stricter measures may still be required to ensure full compliance.
