Bosses who hire undocumented workers could soon face jail not just a fine

By Palesa Matlala

• Labour deputy minister Jomo Sibiya says employers are driving demand for undocumented workers and the law must now go after them directly.

• The Employment Services Amendment Bill has been introduced to the National Assembly and will go through committee hearings and public comment in the coming months.

South African employers who hire undocumented foreign nationals could face criminal charges under a new law now before Parliament, not just a fine, but jail time.

The Employment Services Amendment Bill (B16-2026) was tabled in the National Assembly on 29 May, days before President Cyril Ramaphosa’s Presidency budget vote. It will now go through committee hearings and public comment. Under existing law, businesses caught hiring undocumented workers can only be fined. The Bill would change that. Employers who deliberately take on undocumented foreign nationals could be prosecuted.

The sectors most in the frame are agriculture, construction, hospitality, restaurants and the gig economy, including app-based delivery platforms. These are the industries the Department of Employment and Labour has consistently flagged for high use of informal and undocumented labour.

Deputy Minister of Labour and Employment Jomo Sibiya said the government’s focus is shifting to the demand side.

“Employers are the ones creating demand for illegal immigrants who are working in our country,” he said.

“If we deal with the employers, it means we will stop the demand.”

Sibiya was speaking during the debate on Ramaphosa’s R816-million Presidency budget in Parliament on Tuesday. Opposition parties rejected the budget, with crime, unemployment and illegal immigration dominating the debate.

The DA’s parliamentary leader George Michalakis said the criminal justice system was failing at almost every level. The EFF’s Nazier Paulsen accused Ramaphosa of weak leadership, comparing him to “a deer caught in the headlights.”

Ramaphosa defended his government’s record and said stronger border controls and tougher enforcement were needed. The proposed law also gives the minister power to set employment quotas per sector.

Ramaphosa is expected to respond to the opposition and defend the Presidency budget in Parliament on Wednesday 3 June.

Pictured above: President Cyril Ramaphosa delivers the Presidency budget vote in Parliament.

Image source:Parliament of South Africa