Deputy Minister of Employment and Labour Jomo Sibiya has warned that government will intensify action against employers found hiring undocumented foreign nationals, saying businesses must prioritise lawful employment practices and comply with South African labour legislation.
Sibiya made the remarks during a joint compliance operation conducted in Pretoria on Friday, where authorities inspected businesses suspected of violating labour and immigration laws.
The operation involved officials from the Department of Employment and Labour, the Department of Home Affairs, Gauteng Crime Wardens, the South African Police Service and the Tshwane Metropolitan Police Department.
Multiple Violations Uncovered
According to Sibiya, inspectors discovered a range of labour law violations at the first company visited, including alleged non-compliance with the Basic Conditions of Employment Act, occupational health and safety regulations, the National Minimum Wage Act, the Unemployment Insurance Fund (UIF) and Compensation Fund requirements.
Labour migration compliance also formed a key part of the inspection process.
Authorities reported finding more than 40 undocumented foreign nationals at the first business, with those individuals subsequently taken into custody for further processing by immigration authorities.
Sibiya said the findings raised concerns about employers failing to prioritise South African job seekers while simultaneously exposing workers to poor labour conditions.
Inspectors also allegedly found employees working excessive hours without receiving appropriate overtime compensation.
Businesses Accused Of Evading Inspections
The deputy minister said a second company inspected during the operation was also found to be non-compliant.
According to information gathered by officials, a large number of undocumented workers had allegedly been removed from the premises shortly before inspectors arrived.
Authorities believe dozens of workers were instructed to leave in anticipation of the inspection, significantly reducing the number of employees present when officials entered the facility.
Sibiya said officials had received information indicating that the workforce at the establishment was substantially larger than the number of workers found on site during the inspection.
Government Vows Continued Enforcement
In addition to labour and immigration concerns, inspectors reportedly identified unsafe electricity connections and occupational health and safety violations at one of the businesses.
Authorities moved to halt operations at the facility pending compliance with relevant regulations.
Sibiya warned that enforcement operations would continue across Gauteng and other parts of the country, describing the campaign as an ongoing commitment rather than a once-off intervention.
The inspections come amid heightened public debate over undocumented migration and growing calls for stricter enforcement of immigration laws.
Immigration Concerns Fuel Policy Debate
Recent months have seen increased tensions surrounding undocumented immigration in parts of Gauteng, KwaZulu-Natal and the Western Cape, with protest groups demanding stronger action against illegal migration and businesses employing undocumented workers.
The anti-immigration movement March and March has called for undocumented migrants to leave South Africa by June 30, while also advocating for stricter visa controls, asylum reforms and tougher penalties for employers who violate immigration laws.
President Cyril Ramaphosa recently outlined government’s migration management strategy, which includes intensified deportation efforts, stronger border controls, legislative reforms and increased cooperation with neighbouring countries.
Tougher Penalties Proposed
Sibiya revealed that government is considering significantly harsher penalties for employers found hiring undocumented foreign nationals.
Among the proposals under consideration is a fine of at least R100,000 per undocumented employee, a measure aimed at deterring businesses from circumventing immigration and labour laws.
The deputy minister also highlighted plans to expand enforcement capacity through the recruitment of 10,000 labour inspectors, a programme announced by the president during the State of the Nation Address.
According to Sibiya, the additional inspectors will substantially increase government’s ability to monitor compliance, investigate complaints and enforce labour and immigration regulations across the country.
He reiterated that authorities would continue targeting non-compliant employers as part of broader efforts to strengthen law enforcement and uphold South Africa’s labour and immigration framework.
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