The employment of illegal foreigners has been widely covered in the news lately. Employers have come under increased pressure to take action and ensure compliance when employing foreign nationals. So, what are the most important things that employers should be aware of?

Enforcement measures

Under the proposed Employment Services Bill, published on 29 May 2026, employers could face imprisonment and fines of up to R100,000 for a first offence.

Although the Bill has not yet become law, the Department of Employment and Labour (DEL), Department of Home Affairs (DHA), and the South African Police Service (SAPS) have intensified enforcement through nationwide joint blitz operations.

Current legal position

Under the Immigration Act of 2002, employers:

• May not employ illegal foreigners.
• May not permit a foreigner to perform work outside the scope of their visa or permit.

Non-compliance can result in criminal prosecution, imprisonment, and/or substantial fines. In practice, some employers have been arrested, while others have paid “admission of guilt” fines ranging from a few thousand rand to tens of thousands of rand to avoid imprisonment.

Employer duties

Employers are legally obliged to verify that all foreign employees:

• Hold valid documentation granting them the right to live and work in South Africa.
• Comply with the conditions and limitations of their visas or permits (for example the type of work that they may perform).

The required documentation typically includes Zimbabwean Exemption Permits (ZEPs), Lesotho Exemption Permits (LEPs), asylum seeker permits, or refugee permits. In certain cases, waiver, visa, or appeal applications are still pending, with extensions granted. See Work Visa Extension for Foreigners.

Verification of documentation

Fraudulent documentation is common. If in doubt:

• Approach the Department of Home Affairs (DHA) directly.
• Track visa applications via VFS Global: Track Application.
• Consult immigration experts for professional verification – for recommendations email info@labourwise.co.za

No documentation / Invalid documentation

• If a foreign employee can present no documentation, issue an ultimatum requiring valid documentation within a set period (e.g., one month).
• If the employee fails to present valid documentation you can proceed with an incapacity hearing.
• If the documentation presented is fake and you can show that the employee was aware of it (not always easy to prove), disciplinary action and dismissal may follow.
• Where fault is unclear, you may proceed with an incapacity hearing.

For assistance with any of the above contact Labourwise at info@labourwise.co.za.

Record-keeping

Maintain comprehensive records of:

• Passports, visas, permits, and proof of applications.
• Written communications (emails, WhatsApp messages, etc.) with foreign employees.

Proper record-keeping is essential to demonstrate compliance during inspections.

Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article.