Government is set to intensify enforcement against employers who hire undocumented foreign nationals, as part of a broader effort to protect labour standards, promote fair competition and create opportunities for South Africans.
Addressing the nation on Sunday, President Cyril Ramaphosa said illegal immigration undermines efforts to create decent work and contributes to the exploitation of vulnerable workers.
He acknowledged that some employers hire undocumented migrants because their legal status prevents them from standing up for their rights, allowing businesses to pay wages below the minimum wage and impose excessive working hours without proper compensation.
"We have uncovered a number of workplaces where undocumented migrants are made to labour under very bad conditions," the President said, adding that employers who knowingly hire undocumented workers are breaking the law, undermining labour standards, fair competition and opportunities for South Africans.
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President Ramaphosa said going forward, such conduct will face stronger penalties and stricter enforcement.
As part of government's Comprehensive Approach for Migration Management, authorities will intensify inspections of companies employing undocumented foreign nationals.
The inspections will be carried out by the South African Police Service, the Department of Home Affairs and the Department of Employment and Labour.
To strengthen labour law enforcement, the Department of Employment and Labour has launched the phased recruitment of 10 000 inspectors during the current financial year.
Government also plans to increase penalties, including imprisonment, for employers who violate the Immigration Act.
President Ramaphosa said authorities can no longer allow employers found guilty of breaking the law to "simply pay a fine" and continue exploiting undocumented workers.
Employment quotas
Government has finalised the National Labour Migration Policy, which proposes maximum quotas for the employment of documented foreign nationals and includes measures to deal with employers who hire undocumented workers.
The Employment Services Amendment Bill, which has been approved by Cabinet for introduction to Parliament, will empower the Employment and Labour Minister to set quotas for the employment of foreign nationals in specific economic sectors and occupational categories.
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President Ramaphosa said these measures form part of government's efforts to ensure that businesses compete fairly, labour laws are respected and more opportunities are created for South Africans.
Transport sector
The transport sector has also been identified as an area requiring intervention.
Government is implementing a plan developed with the logistics and freight industry, as well as labour organisations, to address violations of immigration and labour laws in the sector.
