South Africa has stepped up workplace inspections as the government targets employers who hire foreign nationals without legal permission to work.
Home Affairs Minister Leon Schreiber said authorities charged 8,180 employers for hiring foreign nationals without valid work permits over the five financial years from 2021/22 to 2025/26.The government also carried out thousands of workplace inspections during that period as it tightened enforcement of immigration laws.The crackdown has picked up pace in 2026.
President Cyril Ramaphosa said in June that Home Affairs, the police and the Department of Employment and Labour would increase inspections at companies that employ undocumented foreigners. He also announced the phased recruitment of 10,000 labour inspectors to strengthen enforcement.
Cabinet later confirmed that government agencies had ramped up workplace inspections as part of a wider migration strategy.
This tougher approach means foreign nationals now need more than permission to enter or remain in South Africa. They must also hold an immigration status that allows them to work. Employers, too, face greater pressure to verify a worker’s immigration status before hiring.
South Africa’s Immigration Act prohibits employers from knowingly hiring undocumented foreigners. It also bars employers from letting foreign nationals work outside the conditions attached to their immigration status.A first conviction can bring a fine or up to one year in prison. A second conviction can bring a fine or up to two years in prison. A third or subsequent conviction can lead to up to three years in prison, with no option of a fine.
South African authorities have already used workplace inspections to enforce these rules. In January, officials arrested 11 undocumented foreign nationals and six employers during inspections of wholesale and retail businesses in Rustenburg. Authorities fined each employer R15,000, ($927).
Now, the government wants to introduce tougher penalties.
The Employment Services Amendment Bill, currently before Parliament, would give the government more power to regulate the employment of foreign nationals. Under the bill, employers would need to confirm that foreign workers have legal permission to work. In some cases, employers would also need to show that they tried to recruit qualified South Africans before hiring foreigners.
The proposal would also let the Employment and Labour Minister set maximum foreign-worker quotas for specific sectors, occupations or locations.It proposes a fine of R100,000,($6,183), for a first offence. A second offence could attract a fine of R200,000, about $12,366. A third offence could bring a fine of up to R1 million,($61,828), or 10% of a company’s gross income.
These penalties remain proposals for now. Parliament still needs to complete the legislative process before they can become law.
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South Africa Still Wants Skilled Foreign Workers
However, the crackdown does not mean South Africa has closed its labour market to foreigners. The government has taken a different approach toward foreigners who bring skills the economy needs.
South Africa introduced a points-based system for its Critical Skills and General Work visas in October 2024. Applicants generally need 100 points to qualify under the framework. The government weighs factors such as qualifications, work experience, occupation and salary when it assesses applications.
For General Work Visa applicants outside the Trusted Employer Scheme, the government set a gross annual income threshold of R650,796, about $40,238. Home Affairs said the threshold aims to attract skilled workers while protecting jobs at the lower end of the labour market.
Foreigners whose occupations appear on South Africa’s Critical Skills List can also use the Critical Skills Work Visa route if they meet the requirements. Multinational companies can use the Intra-Company Transfer route when they move qualifying employees from foreign operations into South Africa.
South Africa also introduced a Remote Work Visa for people who want to live temporarily in the country while working for employers abroad. The government designed that route for foreign earners who do not take jobs in South Africa’s domestic labour market.
That distinction matters for digital workers. A foreign national working online for an overseas employer does not necessarily fall under the same immigration rules as someone taking a job with a South African company.
More Immigration Changes Are Coming
South Africa is also redesigning its wider immigration system. Cabinet approved a revised White Paper on Citizenship, Immigration and Refugee Protection in 2026.
The policy proposes replacing the existing Critical Skills and General Work visas with a broader skilled-worker visa. It also proposes replacing the Corporate Visa with sectoral work visas for industries that need foreign labour.
However, those proposals have not replaced the existing visa system yet. Home Affairs must still draft the required legislative changes and take them through Parliament. Foreign workers must therefore continue to follow the rules currently in force.
South Africa has also expanded its Trusted Employer Scheme. This programme allows approved companies to process visas for critical foreign skills more quickly. Participating employers must meet conditions around investment, local employment and skills development.
In effect, the government is pursuing two policies at once. It wants to make legal skilled migration easier while making undocumented employment harder for both workers and employers.
For foreign workers, the key question is no longer simply whether they can enter South Africa legally. They must also confirm that their visa or permit allows them to perform the job they intend to take.For employers, the risk has grown too. Hiring a foreign national without checking their right to work can lead to inspections, prosecution and financial penalties.
Parliament is now considering rules that could make those consequences considerably tougher