South Africa is moving closer to sweeping new restrictions on the employment of undocumented foreign nationals, including those hired as domestic workers in private homes. Domestic workers walking from work. The Employment Services Amendment Bill is proposing fines of up to R1 million (about KSh 7.9 million) and potential imprisonment for non-compliant employers. The bill has been formally tabled before the Portfolio Committee on Employment and Labour, marking the start of its legislative journey through Parliament. Cabinet approved the bill for introduction to Parliament in late May, when it was also published in the Government Gazette. What the Bill Proposes The legislation is designed to tighten enforcement against undocumented foreign workers, plug gaps in existing labour laws, and establish a formal framework governing labour migration into the country. It also seeks to protect employment opportunities for South African citizens by introducing sector-specific quotas on foreign employment. The penalties outlined in the bill are significant. A first offence involving an undocumented foreign national would attract a fine of R100,000 (about KSh 790,000) per worker. A second offence committed within three years would double that figure to R200,000 per worker. Employers who persist in flouting the law could face penalties of up to R1 million, or even a prison sentence. Critically, the bill makes no distinction between businesses and private households. Homeowners who employ foreign domestic workers without valid work authorisation are subject to the same penalties as commercial employers.
To remain compliant, employers are required to verify that any foreign worker holds a valid passport alongside the appropriate visa or work permit issued by South African authorities. It is worth noting that hiring undocumented foreign nationals already constitutes a criminal offence under Section 38 of the Immigration Act. Public Consultations Coming Next Labour Committee chair Boyce Maneli confirmed the committee will advance the bill while working through concerns already raised by its members. Discussions have touched on how to regulate foreign employment fairly while safeguarding opportunities for South Africans, the workability of quota systems, and how penalties will be enforced in practice. Members of the committee have also emphasised the need for stronger coordination between the Department of Employment and Labour, the Department of Home Affairs, and law-enforcement agencies to make enforcement effective. The department told the committee the bill would strengthen labour-market regulation, improve compliance with existing laws, address worker exploitation, and bring greater order to the country’s labour migration system. Why the labour laws now? The regulations come at a time when South Africa has experienced increased tensions between the local populations and the other African immigrants.
In June, the Kenyan government launched a multi-agency evacuation operation to repatriate citizens from South Africa following anti-immigrant violence. The government expected to evacuate at least 86 citizens by the end of the day, while alternative travel arrangements were being made for other Kenyans who wished to return home. Authorities advised Kenyans still in South Africa to avoid protest hotspots, carry valid identification, follow guidance from local authorities and use emergency hotlines for assistance. The repatriation exercise was expected to continue until all Kenyans seeking to return home had been evacuated, as the government pledged to provide regular updates and support for affected citizens.
