President Cyril Ramaphosa has sent a clear and uncompromising message to employers across South Africa to comply with immigration and labour laws or face the consequences.
In his State of the Nation Address (SONA) on 12 February 2026, the President announced the appointment of an additional 10,000 labour inspectors this year to intensify enforcement against illegal employment practices.
He warned that employers who hire foreign nationals without the required visas will face the full might of the law as the South African Police Service (SAPS), Home Affairs officials and labour inspectors work together to curb illegal employment.
Multi-Agency Inspections Escalate Nationwide
The SONA announcement follows a sharp increase in unannounced inspections conducted throughout 2025 and into 2026. Officials from the Department of Employment and Labour (DoEL), Department of Home Affairs (DHA) and SAPS are continuing with these on-site inspections across multiple economic sectors nationwide.
By the end of 2025, non-compliant employers had paid approximately R680,000 in admission-of-guilt fines. This figure has since climbed to more than R770,000 following a recent operation in Rustenburg, where 11 undocumented foreign nationals and 6 employers were arrested. A total of 38 workplaces were inspected during the four-day operation.
Several employers were charged for employing undocumented foreign nationals and were taken in for processing by the DHA.
Authorities also issued multiple prohibition notices, compliance orders and contravention notices.
In KwaZulu-Natal, inspectors recently uncovered illegal workers in an industrial area, leading to the arrest of two business owners. Some textile factory owners reportedly attempted to evade inspection by locking themselves inside their premises.
President Ramaphosa stressed in his SONA that illegal immigration poses a risk to South Africa’s security, stability and economic progress. He added: “As we undertake these interventions, we insist that the laws of our country must be observed by everyone.”
Employers Have No Place to Hide
While the DoEL enforces the implementation of labour laws to protect workers, DHA officials participating in inspections check the validity of visas and work permits to ensure compliance.
In terms of the Immigration Act, 2002 (Act No.13 of 2002), employing undocumented foreigners or workers with expired, falsified, or incorrect permits is a punishable offence.
Aadil Wadee, senior immigration consultant an attorney at Xpatweb, points out that if undocumented workers are found on your business premises, the law presumes you to be their employer unless you can prove otherwise.
“The presence of just one undocumented foreign employee is enough to trigger substantial fines and potential criminal liability, including imprisonment. With authorities ramping up inspections in their fight against the employment of foreign nationals without valid work authorisation, employers now carry heightened criminal liability for non-compliance, even if unintentionally.”
Failure to verify and continuously monitor the legal status of foreign employees is no longer a procedural oversight for employers, but a serious legal risk.
Proactive Compliance Is No Longer Optional
With the stakes this high, employers should take pre-emptive steps to ensure they are on the right side of the law, Wadee notes.
A proper Immigration Compliance Audit, conducted by reputable immigration and legal specialists, can identify expired, invalid, or fraudulent visas, confirms that employees’ roles align with their permit conditions, and detects forged or manipulated documentation.
Undertaking such an audit demonstrates due diligence and helps identify compliance gaps within an employers’ foreign workforce before enforcement action occurs.
Wadee concludes: “Contravention of the Immigration Act comes with serious consequences for both the employer and illegal employees. Companies who employ foreign nationals should ensure they are compliant to safeguard them against fines, operational disruption, and criminal exposure.”
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