PRETORIA, Gauteng — South Africa’s proposed Employment Services Amendment Bill will require companies to prove they cannot find specific skills locally before hiring foreign nationals, according to Portfolio Committee on Employment and Labour chairperson Boyce Maneli. As the public is urged to submit comments on the legislation, the new framework aims to reshape how migrant labor is regulated, protected, and integrated into the national economy.
Speaking on the objectives of the proposed legislation, Maneli explained that the bill seeks to formally align the Refugees Act and the Immigration Act. This harmonization is designed to ensure that all legal frameworks work cohesively when evaluating the employment of foreign workers. The approach is also aligned with international and continental standards, including the International Labour Organization’s (ILO) guidelines on migration and employment, as well as frameworks established by the Organization of African Unity (OAU) and regional Southern African protocols.
A primary goal of the amendment is to eliminate ambiguity for labor inspectors at the implementation level. While the legislation emphasizes the protection of workers’ rights, it simultaneously ensures that foreign nationals are primarily recruited to fill critical skills gaps that cannot be met domestically.
“Putting South Africans first when those skills are available is a core understanding,” Maneli noted, acknowledging that a thriving economy may occasionally experience skills shortages. In such instances, the legislation provides a structured pathway to draw critical expertise from foreign nationals.
The bill effectively codifies the government’s existing national labor migration policy, which previously operated without direct legislative backing. To enforce this, employers will be required to rely on verifiable data. Companies must demonstrate, using data platforms such as Employment Services South Africa (ESSA) and relevant private-sector databases, that they have actively searched for and failed to find local candidates with the necessary skills before offering positions to foreign nationals.
In addition to formalizing the hiring process, the bill proposes broadening enforcement powers. However, it includes an exemption for small businesses with fewer than 10 employees. Addressing concerns that this exemption could create loopholes or areas for exploitation—such as employers intentionally keeping their workforce under 10 to avoid compliance—Maneli stated that the committee does not believe this will be the bill’s ultimate outcome.
To mitigate this risk, the implementation will be supported by targeted advocacy programs to ensure employers fully understand their compliance obligations. Furthermore, any suspicious patterns will be reviewed through formal submissions. Maneli also highlighted that an advisory board will be established to guide the minister, particularly when evaluating requests for exemptions.
Crucially, the legislation is not designed to create permanent reliance on foreign labor. It introduces a mandatory requirement for employers to develop a “skills plan.” This provision acts as a vital check and balance, aimed at empowering and upskilling local workers to eventually fill these roles, thereby preventing the exploitation of regulatory loopholes.
The Portfolio Committee is currently calling on the South African public to review the Employment Services Amendment Bill and submit their comments as the legislation moves forward in the parliamentary process.
