South Africa has approved the National Labour Migration Policy 2025 White Paper, introducing strict worker quotas to limit the employment of foreign nationals in key sectors, including agriculture, construction, hospitality, and tourism. The policy seeks to protect local jobs amid persistently high unemployment, while addressing long-standing concerns about the displacement of South African workers by foreign labour, particularly undocumented migrants.
Implemented via the forthcoming Employment Services Amendment Bill, the policy will empower the Minister of Employment and Labour to set, manage, and exempt quotas. Employers will be required to verify visa compliance, prove a lack of local candidates with equivalent skills, prepare skills transfer plans, and offer equitable employment conditions to foreign nationals. Non-compliance may result in penalties of up to R100,000.
Legal experts at Cliffe Dekker Hofmeyr (CDH) caution that the regulatory changes add further complexity to hiring processes, especially when combined with the Employment Equity Amendment Act’s transformation targets. Businesses are urged to prepare for enforcement even though the bill is still pending parliamentary approval.
Labour groups, including the South African Federation of Trade Unions, support the policy in principle but stress that enforcement remains the real test. Existing laws have failed to prevent widespread illegal employment, particularly in farming, security, and retail sectors.
The policy aligns with broader efforts by the Department of Home Affairs, including Operation New Broom, which uses biometric technology to identify illegal foreign workers. In its first phase, the operation led to the arrest of 25 undocumented individuals occupying land in Cape Town.
Implications for Adcorp
More legal bureaucrasy to manage.