President Cyril Ramaphosa’s address on 7 June 2026 signalled a definitive shift in the government’s approach to enforcing immigration and labour laws. The message is clear: accountability lies with employers who knowingly hire undocumented workers to underpay them and avoid legal obligations.
In the weeks following the address, anti-immigrant protests created a climate of fear, with reports indicating that about 178,000 people fled to Zimbabwe, Malawi and Nigeria. These events have generated diplomatic friction and drawn international criticism, while domestically, industries such as sugar, textiles and transport are already experiencing labour shortages.
Key legislative developments
Government has proposed the National Labour Migration Policy (NLMP) and the Employment Services Amendment Bill (ESAB) to introduce compliance burdens for employers.
Key provisions include:
- Mandatory verification of immigration status for all employees.
- Proposed sectoral quotas limiting foreign national employment.
- A requirement to prepare skills transfer plans, meaning foreign employees must train South Africans to replace them.
- Criminal liability for employing illegal foreigners, punishable by fines or imprisonment.
- Joint labour and immigration inspections will be conducted.
- Oversight of private employment agencies and cross border recruitment will be implemented.
Mining sector precedent
Cabinet has also approved the General Mining Laws Amendment Bill, targeting illicit mining. It proposes fines of up to R100-million and imprisonment for up to 30 years for illegal mining activities and those who assist them.
Recommendations
Non-compliance is no longer an option. Employers should consider:
- Conducting an internal audit of all employees’ documentation.
- Reviewing employment contracts to ensure compliance with minimum wage and BCEA protections.
- Training HR and management on their legal obligations.
