New laws for workers in South Africa are coming
The Department of Employment and Labour (DEL) has gazetted its intention to table the Employment Services Amendment Bill in the National Assembly shortly.
The draft Bill was approved by the Cabinet a year ago, and has been promised by the DEL as a way to modernise the regulation of South Africa’s labour market.
Broadly, the laws aim to regulate the employment of foreign nationals and “enhance job opportunities for South African citizens”.
The Bill amends the Employment Services Act 4 of 2014 to address rising unemployment and the high representation of foreign nationals in specific, lower-skilled sectors.
Notably, the bill will work hand in hand with the National Labour Migration Policy (NLMP), which provides a framework for managing foreign labour. The bill, meanwhile, provides policy legal force.
The NLMP introduces quotas on the total number of documented foreign nationals with work visas that can be employed in major economic sectors.
A quota may apply to a sector of the economy, an occupational category, or a geographical area—but can only be established after consulting the Employment Services Board and considering public comments.
In terms of the gazetted notice, the DEL said that new laws will:
- Insert and amend certain definitions in order to clarify expressions
- Extend the scope of the Act to cover foreign nationals, private employment agencies not operating for gain, and workers;
- Regulate the employment of foreign nationals in South Africa in a manner consistent with the purpose of the Act, the Immigration Act and the Refugees Act;
- Provide for the powers of the Minister to make regulations in respect of matters related to labour migration;
- Expand the functions of the Employment Services Board;
- Provide for the establishment and governance of Supported Employment Enterprises;
- Provide for further offences and the improved enforcement of the Act and immigration laws regulating work by foreign nationals;
- Provide for exemptions from the Act;
- Provide for the making of further regulations by the Minister; and
- Provide for matters connected therewith.
When the cabinet approved the bill, it said it would also promote national security and national interests.
“The purpose of the Bill is to propose the regulation of labour brokers to prevent worker exploitation, such as the provision of cheap labour through undocumented foreign nationals,” it said.
Tensions rising between South Africans and foreign nationals
The gazetting of the intention to table the Employment Services Amendment Bill comes as tensions between South Africans and foreign nationals are heating up.
In the year since the cabinet approved the draft bill, protest groups have gained momentum in targeting foreign nationals in the country.
While these groups take specific aim at illegal or undocumented foreigners in the country, intimidation and threats have caught legal foreigners in the net as well.
Anti-illegal-immigration group, March and March, has been leading the charge.
Frustrated South Africans, especially those without jobs, often blame foreign nationals for taking what little work is available in the country.
The DEL and the Department of Home Affairs have also executed several sweeps and crackdowns on employers in the country who have been hiring undocumented workers.
March and March has been protesting against illegal immigrants since its formation in early 2025, but tensions have since escalated, with heated clashes in recent weeks.
The group is now demanding the immediate and mass deportation of illegal immigrants currently living in South Africa, and has set 30 June as the deadline.
It is also moving ahead with a planned national shutdown on the day.
Matters have escalated to the point that hundreds of foreign nationals and refugees have spent several nights sleeping outside community centres and police stations to escape threats of violence.
Foreign governments, such as Ghana, have also issued evacuation notices to their citizens, offering them safe passage back to their home countries.
The government convened an urgent meeting at the Union Buildings involving ministers from the Justice, Crime Prevention, and Security Cluster to address the issue.
Defence Minister Angie Motshekga called for calm and urged protesters to treat people with respect and exercise their right to strike within the framework of the law.
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