Ramaphosa vows jail for bosses who hire undocumented workers in new migration plan

President Cyril Ramaphosa has announced tougher penalties for employers who hire undocumented foreign nationals, including imprisonment for those found guilty, as part of a five-point government plan to strengthen immigration enforcement, IOL reports.

What the plan covers

According to IOL, Cabinet adopted a Migration Management approach endorsed by the President’s Coordinating Council. The first phase will focus on enforcing existing immigration, labour and related laws, with the Department of Home Affairs, the Border Management Authority, the South African Police Service and other agencies set to intensify efforts to identify and deport undocumented foreign nationals.

The Border Management Authority prevented more than 450,000 illegal border crossings over the past year, the president said, and government will also establish dedicated immigration courts to accelerate deportation processes, IOL reports.

Targeting employers and boosting inspections

IOL reports that inspections of businesses suspected of employing undocumented foreign nationals will increase. The Department of Employment and Labour has begun the phased recruitment of 10,000 labour inspectors during the current financial year.

On sanctions, Ramaphosa was quoted by IOL saying:

“We cannot have a situation where employers who, after being charged and found guilty of violating our laws, merely pay a fine and continue employing undocumented foreign nationals whom they exploit,”

and government said penalties under the Immigration Act would be strengthened.

Border security, processing and technology reforms

IOL says the plan’s second pillar focuses on border security through increased investment in technology, infrastructure and personnel. Government will begin relocating refugee reception centres closer to border posts, starting with the Tshwane centre this year, to improve asylum processing.

The third pillar centres on anti-corruption measures and technological reforms. IOL reports that officials involved in document fraud or unlawful entry schemes will face dismissal and criminal prosecution. Government is establishing an Intelligent Population Register containing biometric data as the foundation for a digital identity system, and the Department of Home Affairs will set a date for the discontinuation of green barcoded ID books.

Legislative reforms and quotas

IOL reports Cabinet has finalised the National Labour Migration Policy, which proposes employment quotas for documented foreign nationals and stronger action against employers hiring undocumented workers. Cabinet also approved the Employment Services Amendment Bill for introduction to Parliament; the legislation would empower the Employment and Labour Minister to set sector-specific quotas for foreign nationals.

Regional cooperation and implementation

The final component of the strategy, IOL reports, focuses on regional and continental cooperation through SADC, the African Union and bilateral partnerships. Ramaphosa announced plans to send envoys to several African countries to communicate the government’s measures.

IOL states the Inter-Ministerial Committee on Migration will coordinate implementation across departments and spheres of government, and national and provincial security structures have been directed to strengthen co‑ordination among law enforcement, intelligence and security agencies.

Security and public order

IOL reports Ramaphosa warned government would not allow migration-related tensions to be exploited to destabilise the country and said security agencies were prepared to act to maintain law and order and protect critical infrastructure.