Employment and labour minister Thulas Nxesi has raised concerns around illegal recruitment practices, including the hiring of foreign workers who are in the country unlawfully.
Image: Jairus Mmutle
Amid the labour department’s “mega-blitz inspections” at hospitality venues in the Western Cape this week, minister Thulas Nxesi has announced new rules aimed at foreign workers in SA.
Nxesi, who joined a team of inspectors in Sea Point, Cape Town, on Tuesday, raised concerns about illegal recruitment practices, including the hiring of foreign workers who are in the country unlawfully.
He said some employers were subjecting undocumented foreign nationals to inferior labour standards and not covering them in terms of existing social protection measures such as the Unemployment Insurance Fund , Pension Fund and Compensation Fund.
“These practices are illegal. They are unacceptable and it is something that is preoccupying us daily in the department,” said Nxesi.
The department said the inspections led to extensive research on other aspects relating to migration management, and the department has since developed a new national labour migration policy and proposed amendments to the existing Employment Services Act.
The proposals will be released for a three-month public comment process before the end of February/March if cabinet approves the department’s submission.
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Social partners at the national economic development and labour council (Nedlac) will also be afforded the opportunity to adjust the policy and bill during May/June before making a submission to parliament.
The proposals will focus on four major areas which will introduce significant changes to the country’s national labour migration policy (NLMP).
These four major areas are:
Quotas
The department noted SA’s population expectations regarding access to work for South Africans, given worsening unemployment and perceptions that foreign nationals, especially those who are undocumented, are distorting labour market access.
This practice is promoted by some employers who do not comply with existing labour legislation and continue to undermine existing minimum

standards.
“The employment and labour NLMP will introduce maximum quotas on the total number of documented foreign nationals with work visas that can be employed in major economic sectors such as agriculture, hospitality and tourism, construction, to name a few,” it said.
“The NLMP will be complemented by small business intervention and enforcement of a list of undesirable sectors where foreign nationals cannot be allocated business visas and amendments to the Small Business Act to limit foreign nationals establishing SMMEs and trading in some sectors of our economy.”
Immigration act changes
The department of home affairs is reviewing the Immigration Act, the Citizenship Act and the Refugees Act to ensure more alignment.
“The home affairs and border management authority are also getting into action to secure porous borders and allow for the orderly movement of people and other nationals across ports of entry only,” said the department.
Protection of migrant workers and their families
The department said it will ensure the protection of migrant workers and their families in accordance with international standards and guidelines.
“SA will also implement these initiatives within the context of its regional integration and co-operation imperatives that have already been agreed to at the Southern African Development Community and AU levels,” it said
Critical skills
The higher education and training department has released scarce and critical skills in high demand to provide guidance to all institutions to prioritise education and training interventions in those areas.
“The list will be used as a last resort to allow foreign nationals in possession of the listed skills the economy requires, and where job offers have been made, to be allocated work visas.
“The government will also impose obligations on both the employer and the foreign national to transfer skills to locals and permits will be limited to specific durations,” said the department.

www.samigration.com V.3920

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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