PRETORIA, Gauteng — Following a rigorous Pretoria labour crackdown targeting businesses that exploit migrant labour, Deputy Minister Jomo Sibiya has announced proposed penalties of up to R100,000 per undocumented worker for non-compliant employers.
The proposed financial penalties are part of a broader legislative reform designed to force businesses to prioritise South African citizens. Sibiya explained that the punitive measures are intended to hit non-compliant business owners where it hurts. Under the new framework, a company harboring just 10 undocumented migrants would face a R1 million penalty, while those employing 20 would be fined R2 million.
The push for stricter enforcement follows a multi-agency sting operation in the capital, spearheaded by Sibiya. The joint task force included officials from the Department of Employment and Labour, the South African Police Service (SAPS), the Johannesburg Metropolitan Police Department (JMPD), and the Department of Home Affairs.
During the initial phase of the inspections, the task team raided a business riddled with statutory violations. Inspectors found widespread breaches of the Basic Conditions of Employment Act, the Minimum Wage Act, and regulations governing UIF and the Compensation Fund. Occupational Health and Safety (OHS) standards were also ignored, with staff subjected to grueling hours without overtime compensation. Furthermore, authorities intercepted nearly 40 undocumented foreign nationals at the site, though several managed to evade capture by fleeing the premises.
The enforcement team faced blatant evasion at a second, much larger facility. Sibiya noted that intelligence indicated up to 90% of the workforce at this massive establishment consisted of illegal foreign nationals. However, when the inspectors arrived, the site was nearly empty of migrant workers. According to current employees, the entire foreign workforce—estimated between 50 and 60 individuals—had been hastily removed just half an hour before the raid.
Despite the missing workers, the inspection uncovered severe safety hazards at the second venue. The facility was operating with illegal and poorly maintained electrical wiring, posing significant OHS risks. In response, authorities immediately severed the building’s power supply, effectively halting all business operations.
Sibiya did not mince words regarding the attitude of the business owners, describing them as arrogant but promising that their defiance would be short-lived. He emphasized that the state will not tolerate entities that bypass local labor laws and assured the public that the government’s enforcement efforts will be a daily commitment.
To sustain this mandate, which operates under the direct directive of the President, the Department is undergoing a massive capacity expansion. Building on commitments made during the State of the Nation Address (SONA), the government is currently recruiting 10,000 new labour inspectors. This influx of personnel is expected to quadruple the Department’s operational footprint, ensuring that exploitative practices and the hiring of undocumented migrants are aggressively tackled nationwide.