Johannesburg – The Public Servants Association has criticised the Department of Employment and Labour’s R10,000 fine imposed on employers found hiring undocumented foreign nationals, describing the penalty as inadequate and unlikely to deter violations.
The backlash follows inspections at construction sites in Ekurhuleni where more than 100 undocumented foreign nationals were arrested. Employers found in contravention face a fine of R10,000 for each undocumented worker in their employ.
Deputy Minister Jomo Sibiya recently raised concerns about South Africa’s high unemployment rate, indicating that the department would intensify inspections and take firmer action against businesses violating labour regulations.
In a statement issued on Monday, the PSA said the penalty fails to match the scale of the issue. The union argued that some employers benefit financially from hiring undocumented workers at lower wages, undermining labour standards and contributing to local unemployment.
The PSA called the R10,000 fine “woefully inadequate” and said it does not send a strong enough message to non-compliant businesses. The association has urged the department to introduce stricter enforcement measures, including fines linked to company turnover, criminal charges for repeat offenders, confiscation of profits derived from unlawful labour practices, and blacklisting companies from public procurement.
The debate comes amid heightened national scrutiny around unemployment, labour compliance and immigration enforcement. Authorities have signalled that inspections will continue as part of broader efforts to strengthen adherence to labour and immigration laws.
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