Public comment opens on bill that would allow R100,000 fine for hiring undocumented workers

Public comment is open on proposed changes to South Africa’s labour laws that would let the Labour Court impose fines of up to R100,000 per undocumented worker for a first contravention. The Portfolio Committee on Employment and Labour opened submissions on 18 September 2026 for the Employment Services Amendment Bill (B16-2026). Written comments are due by 6 November 2026 at 16:00.

What the bill would do

The amendment would sharply increase civil penalties for employers who hire foreign nationals without the legal right to work. Under the proposed tiered regime, the Labour Court could impose a fine of up to R100,000 per undocumented worker for a first contravention, and R200,000 where there was a previous failure in the preceding three years. For further repeats the court could order the greater of R1 million or 10% of annual turnover.

The bill specifies that the same rules would apply to private households as to companies, so families who employ domestic workers, gardeners or nannies would be subject to the proposed penalties.

Existing criminal penalties and enforcement aims

Employing an undocumented foreign national is already a criminal offence under section 38 of the Immigration Act. The existing penalty is a fine or imprisonment of up to one year for a first offence, rising for subsequent convictions.

The amendment aims to add substantial civil penalties through the labour courts and to give labour inspectors stronger powers to check documentation. Government officials have said many employers pay current fines and continue the practice; the amendment is intended to close that gap.

Other measures in the bill

The bill would also allow the minister, after consultation, to set sector-specific quotas for foreign workers and to require employers to verify that no suitable South African candidate is available before hiring a foreign national.

Voices and framing

Deputy Minister of Employment and Labour Jomo Sibiya has said the law does not distinguish between an employer on a factory floor and a private home:

“Once you are an employer, you must abide by and comply with the laws of the Republic.”

President Cyril Ramaphosa has presented the package as part of an effort to prioritise South African jobseekers and tighten enforcement against illegal immigration.

How to make a submission

Written submissions should be emailed to [email protected] for the attention of Zolani Sakasa by Friday, 6 November 2026 at 16:00. Submitters who wish to make an oral presentation should indicate that in their written comments. The committee described public input as a “critical step” in shaping South Africa’s labour-migration framework.

Legislative status

The bill still has to pass both houses of Parliament and receive presidential assent. Until then, the proposed R100,000 penalty remains a proposal, not current law.

Practical note from the committee

The committee has advised households that already employ foreign nationals to keep copies of passports and work authorisations and to treat verification as an ongoing duty.