CAPE TOWN – The Department of Employment and Labour (DEL) has issued fines totalling R680,000 to 68 employers across South Africa for contravening immigration laws by hiring foreign nationals without valid work permits. The crackdown highlights the ongoing efforts to enforce labour regulations and protect the rights of local workers.
Minister Nomakhosazana Meth revealed in a parliamentary reply that the fines were the result of joint "blitz inspections" conducted by her department in collaboration with the Department of Home Affairs and the South African Police Service.
Meth explained that the DEL's mandate is to enforce labour laws to protect workers, while the Department of Home Affairs is responsible for scrutinising the validity of visas and work permits under immigration laws. "In the event of non-compliance with immigration laws, the Department of Home Affairs arrests the non-compliant employers and employees," she stated.
During these blitz operations, a total of 68 employers and 322 foreign nationals were found to be in violation of the law across the country's nine provinces. Each employer was issued an admission of guilt fine of R10,000, resulting in the total fine amount of R680,000. The 322 foreign employees were taken into custody for further processing in accordance with immigration requirements.
The Eastern Cape province recorded the highest number of violations, with 34 employers fined a collective R340,000. Mpumalanga followed with 15 employers fined, Limpopo with eight, KwaZulu-Natal with five, and the Western Cape with two.
In terms of foreign employees arrested, Limpopo had the highest number with 163, followed by the Western Cape with 43, Eastern Cape and Gauteng with 34 each, Mpumalanga with 30, KwaZulu-Natal with 16, and the Free State with two.
In a separate response to parliamentary questions, Minister Meth provided data on work permit applications received by her department between April 2023 and March of last year. During this period, the DEL received 6,255 work permit applications.
Meth clarified that the DEL's role is to provide recommendations on corporate work visa applications, specifically regarding the availability of local labour in various job categories. The final decisions on these applications rest with the Department of Home Affairs, which may either accept the DEL's recommendations, waive them after internal processes, or consult further with other departments, including those in the security cluster.
According to Meth, her department received and processed 60 corporate applications, ultimately recommending the rejection of 5,383 work visa applications. A total of 872 work visas for migrant workers were recommended for approval.
The majority of the applications came from foreign nationals from Zimbabwe (445), Lesotho (250), Mozambique (86), and Namibia (70). The applications were primarily for positions in the mining, agriculture, and education and training sectors.
