Home Affairs to enforce legal immigrant employment

Source: it-online.co.za, 02/05/2018

Companies may expect “a knock on the door” from the Department of
Home Affairs (DHA) to conduct required audits and investigations on
their employment practices of immigrant workers, the director from
the DHA’s corporate account unit, Ben Makhalemele has warned.
By Tasia Brummer, immigration specialist at Xpatweb
He made this statement while presenting at a recent event, alongside
Moeketsi Seboko, Immigration Manager of Xpatweb, to highlight the
latest updates and expected changes within the DHA, as well as the
expectations of South African companies employing foreign nationals.
This follows the DHA having picked up several incidents of companies
employing foreign nationals without proper vetting of the required
work visas.
Makhalemele also urged employers to keep a copy of the Immigration
Act, no 19 of 2002, as amended (the Act) on their premises to ensure
that they are adhering and complying with the stipulated regulations
when employing foreign nationals.
The Act evidently states that an employer may under no circumstances
employ a foreign national without the correct visa. Although
employers may never be certain on the validity of their foreign
employees’ visas, it is recommendable to do an immigration audit to
ensure they are currently compliant and that the necessary policies
are put in place so that correct processes are followed with new
foreign national employees.
Makhalemele further noted that the immigration system in South Africa
is no longer purely dictated by the DHA and appealed to employers to
give their input and cooperation to enable continuous improvement and
thereby position the country to reach its economic goals.
After all, foreign nationals play an important part of the country’s
success by bringing in the necessary skills required for high-demand
projects. It is therefore imperative that employers understand the
importance of their role within the South African Immigration law.
Employer duties and obligations
Makhalemele placed emphasis on the ‘Duties and Obligations’ of
employers, reiterating that entities employing foreign nationals
without the required valid work visa are viewed by the Department as
knowingly “aiding and abetting” the illegal foreigner on their
premises and will, therefore, be liable to certain penalties.
Presumably, the person whom will be deemed responsible for the
aforesaid implications will be the Human Resource Manager and/or the
person responsible for the company.