Labour Department to fine employers R100,000 per undocumented worker, recruit 10,000 inspectors

The Department of Employment and Labour plans to impose fines of up to R100,000 per undocumented worker on employers found to be hiring illegal migrants, Deputy Employment and Labour Minister Jomo Sibiya said.

New penalties and a large inspector recruitment drive

Sibiya told Newzroom Afrika the department has started the process of recruiting 10,000 labour inspectors to strengthen enforcement of labour and immigration laws. He said this would significantly increase the department’s capacity; the department currently has about 2,300 inspectors nationwide.

Those inspectors, Sibiya said, will focus on identifying employers who hire undocumented foreign nationals and on enforcement operations in workplaces. He confirmed recruitment has begun and that he would lead a major inspection and enforcement operation in one province on Wednesday.

Measures announced by the presidency

Sibiya’s comments follow President Cyril Ramaphosa’s national address, in which the president said the government would increase penalties including imprisonment for employers who violate the Immigration Act by employing undocumented foreign nationals.

The president outlined five measures to address immigration challenges:

• Intensifying arrests, inspections, prosecutions and deportations of undocumented migrants while increasing penalties for employers who hire them illegally.
• Strengthening border control through improved technology, infrastructure and personnel, and relocating refugee reception centres closer to border posts.
• Combating corruption, introducing biometric-based digital identification, phasing out green ID books and tightening identity verification systems.
• Reforming immigration and labour laws, introducing quotas for foreign workers and improving regulation of businesses and informal traders.
• Working with African countries and regional bodies to address the root causes of migration, including poverty, conflict and limited economic opportunities.

Rationale and enforcement focus

Sibiya said tougher penalties aim to reduce demand for undocumented labour and to deter employers who exploit undocumented workers with low pay and poor conditions. He told Newzroom Afrika that some employers currently budget for non-compliance because existing fines are not high enough, and that proposed amendments would introduce steeper fines and criminal charges against employers.

On the department’s role in deportations, Sibiya said the Department of Employment and Labour’s responsibility is to identify undocumented workers in the workplace and to work with the Department of Home Affairs and the South African Police Service to ensure legal processes are followed.

On past labour arrangements and the scale of the response

Asked about foreign workers before 1994, Sibiya said those workers were recruited through formal agreements and were documented, and that the current situation is different with people entering South Africa illegally.

“I don’t think it would be correct to say we have failed. Yes, there have been challenges,” Sibiya said, adding that the president was acknowledging gaps that the government needed to close.

Sibiya also said inspectors are highly trained professionals and that recruiting and training thousands of inspectors will take time. He said the department’s expanded inspectorate will help identify employers who hire undocumented migrants to exploit them through cheap labour.

Key facts from the department:

• Planned fines of up to R100,000 per undocumented worker for employers who hire illegal migrants.
• Recruitment process under way for 10,000 labour inspectors; current inspectorate stands at about 2,300.
• Proposed tougher penalties and possible criminal charges for non-compliant employers.