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Government sends a warning to businesses hiring foreign workers in South Africa

Source: Samigration, 04/03/2025

`The Department of Employment and Labour (DEL) has revealed that 68 employers have been arrested with R680,000 in fines for violating employment and immigration laws, which is a stern warning to businesses hiring foreign workers in South Africa.This data was detailed in a recent Parliamentary Q&A, where the DEL was asked for a breakdown of all arrests of employers who were charged and convicted of violating the law by employing illegal immigrants without valid work permits in 2024. In response, the DEL explained that it conducts blitz inspections in collaboration with the Department of Home Affairs (DHA) and the South African Police Service (SAPS).``During such operations, DELâs mandate is to enforce the implementation of labour laws to ensure the protection of workers in those particular companies.``At the same time, DHA scrutinises the validity of visas and work permits through the application of immigration laws,`` the DEL said. ``In the event of noncompliance with immigration laws, DHA arrests the noncompliant employers and employees,`` it added.The statistics below indicate the arrests made by DHA during the joint operation, which spread across the different provinces.The DEL noted that each of the 68 employers arrested paid an admission of guilt fine of R10,000. Therefore, the total amount paid in fines was R680,000.Additionally, the DEL highlighted that 322 employees were arrested and taken for further processing as per immigration requirements.34 employers and 34 employees were arrested in the Eastern Cape, and the fines totalling R340,000 were the steepest in the country.However, while the Eastern Cape had the most employers arrested, Limpopo recorded 163 employee arrests with only eight employer arrests. The Free State only recorded two employee arrests, while the Northern Cape and North West were the only provinces with no arrests. ProvinceEmployers arrestedEmployees arrestedTotal fines paidLimpopo8163R80,000Eastern Cape3434R340,000Mpumalanga1530R150,000Western Cape243R20,000Gauteng434R40,000Kwa-Zulu Natal516R50,000Free State02R0Northern Cape00R0North West 00R0Total 68322R680,000Government crackdownThis data comes after the DEL committed to ramping up its inspection raids at the end of last year as part of its zero-tolerance stance on hiring illegal foreign workers in South Africa.Employment and Labour Minister Nomakhosazana Meth announced that the department had conducted nearly 2,900 inspections across all provinces in under a week in October 2024. These operations targeted various noncompliance issues, including wage violations, immigration breaches, and safety standards.In a recent compliance inspection drive, the DEL collected over R10 million in fines from noncompliant employers.The departmentâs efforts are set to intensify, with plans to expand the labour inspectorate from 2,000 to nearly 20,000 inspectors over the Medium-Term Expenditure Framework (MTEF) period. This drive by the DEL aims to increase the capacity for thorough audits and inspections across the country. According to Minister Meth, the goal is not only to enforce compliance but also to promote social justice and safeguard workersâ rights. Meth emphasised that fair labour practices boost employee morale and productivity, ultimately contributing to a stronger economy.Legal experts have urged South African employers to take proactive measures to ensure compliance, particularly concerning the employment of foreign nationals. Cliffe Dekker Hofmeyr (CDH) legal specialists advised businesses to review the employment status of their foreign workers to avoid potential breaches of immigration, employment, and criminal laws. Other legal firms have also expressed a word of caution to employers in South Africa following the developments. South African law firm Dentons urged businesses to adhere to the comprehensive immigration and employment laws that regulate the engagement of non-citizens in the workforce when employing foreign nationals. ``Understanding and complying with this legal framework is essential to ensure companies donât violate prescribed laws and avoid the consequences of noncompliance.``These laws govern work permits, visa requirements, and labour rights, ensuring that foreign workers are engaged lawfully and ethically,`` the firm said.`

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