Following calls from the Gauteng government for quotas on businesses to hire local workers, legal firm Wright Rose-Innes has outlined the plans the national government is putting in place to do exactly that.
This comes in the form of proposed amendments to the Employment Services Act, which, if signed into law, would see the employment and labour minister empowered to set limited on businesses as to the number of foreign workers they can hire.
“Most employers will be forgiven if they claim not to have heard of the Employment Services Act 4 of 2014. This legislation is certainly not as well-known as the Labour Relations Act, the Basic Conditions of Employment Act or even the Employment Equity Act,” the firm said.
“Yet, with major amendments proposed to the Employment Services Act in particular in respect of the employment of foreign nationals in South Africa, employers that make use of such employment should take note of the proposed amendments.”
The proposed Employment Services Amendment Bill, 2021 introduced last year in the National Assembly flows from a proposed National Labour Migration Policy introduced by the Minister of Employment and Labour.
Although the policy proposes several reforms and policy changes, specific aspects relating to the regulation of foreign nationals and their employment in South Africa have resulted in the Bill proposing changes to the Act.
Firstly, the Bill strongly restricts employers from employing foreign nationals in South Africa if the foreign national does not have a work visa, is not an asylum seeker with a right to work here, or is not allowed to work in South Africa in terms of any other law.
It further places quite stringent obligations on the employer to:
• Ascertain whether the foreign national is entitled to work in South Africa;
• Satisfy themselves that there are no other persons (i.e., citizens, permanent residents or refugees) in South Africa other than foreign nationals with the requisite skills to fill the vacancy;
• Prepare a skills transfer plan in respect of any position in which a foreign national is employed, although the Minister may exclude employers in certain sectors or categories of workers from the requirement to prepare a skills transfer plan;
• Employ such foreign national on terms and conditions of employment that are not inferior to those which would be provided to a citizen, permanent resident or refugee; and
• Retain

copies of all documents reflecting that the foreign national is lawfully entitled to be employed in the Republic.
The Bill empowers the Minister to make regulations concerning â€`
• The measures that employers must take to satisfy themselves that there are no other persons in South Africa with suitable skills to fill a vacancy before recruiting a foreign national;
• Requirements for employers to make use of public employment services or private employment agencies to assist employers in recruiting suitable employees who are citizens, permanent residents or refugees;
• Requirements for the preparation of a skills transfer plan by employers in respect of a position in which a foreign national is employed;
• Requirements for applying for an exemption to the Minister;
• The record that employers are required to keep in respect of foreign nationals in their employ.
Additionally, the Bill provides for the Minister to specify maximum quotas for the employment of foreign nationals by employers in a specific sector.
This will effectively limit the number of foreign nationals that an employer can employ should a quota be issued for the employer’s sector or specific occupational category in a sector or even on a national or regional basis.
The Bill does propose justifications for exceeding the quota if a position requires critical skills or the employer has applied for an exemption from the Minister.
The Bill also prohibits an employer from requiring or permitting a foreign national to perform any work that is not authorised by his or her visa or work permit or which is contrary to the terms and conditions of the visa or permit.
To note is that employers that contravene the provisions of the Bill may be subject to fines of up to R100,000 as well as further sanctions as permitted in terms of applicable legislation.
The Bill, in line with the proposed Policy, provides for a framework that will essentially tighter regulate and set limits on the employment of foreign nationals for specific sectors, occupational categories or even geographical regions.
Employers making extensive use of foreign nationals should take note of these proposed provisions and monitor further developments for potential impact on your business. V.5005

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.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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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.

 V.6131
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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.

What does this mean for travelers? V.6127
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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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