Categories: News

Home Affairs to enforce legal immigrant employment

Companies may expect “a knock on the door” from the Department of Home Affairs (DHA) to conduct required audits and investigations on their employment practices of immigrant workers, the director from the DHA’s corporate account unit, Ben Makhalemele has warned.

By Tasia Brummer, immigration specialist at Xpatweb

He made this statement while presenting at a recent event, alongside Moeketsi Seboko, Immigration Manager of Xpatweb, to highlight the latest updates and expected changes within the DHA, as well as the expectations of South African companies employing foreign nationals.


This follows the DHA having picked up several incidents of companies employing foreign nationals without proper vetting of the required work visas.

Makhalemele also urged employers to keep a copy of the Immigration Act, no 19 of 2002, as amended (the Act) on their premises to ensure that they are adhering and complying with the stipulated regulations when employing foreign nationals.

The Act evidently states that an employer may under no circumstances employ a foreign national without the correct visa. Although employers may never be certain on the validity of their foreign employees’ visas, it is recommendable to do an immigration audit to ensure they are currently compliant and that the necessary policies are put in place so that correct processes are followed with new foreign national employees.

Closing the gap

Makhalemele further noted that the immigration system in South Africa is no longer purely dictated by the DHA and appealed to employers to give their input and cooperation to enable continuous improvement and thereby position the country to reach its economic goals.

After all, foreign nationals play an important part of the country’s success by bringing in the necessary skills required for high-demand projects. It is therefore imperative that employers understand the importance of their role within the South African Immigration law.

Employer duties and obligations

Makhalemele placed emphasis on the ‘Duties and Obligations’ of employers, reiterating that entities employing foreign nationals without the required valid work visa are viewed by the Department as knowingly “aiding and abetting” the illegal foreigner on their premises and will, therefore, be liable to certain penalties.

Presumably, the person whom will be deemed responsible for the aforesaid implications will be the Human Resource Manager and/or the person responsible for the company.

Facebook Comments
CAT 515

Recent Posts

Truck brake failure blamed for fatal Limpopo crash

Brake failure has been blamed for a fatal crash between a truck and a bakkie on R81 at Ga-Sekgopo Mopani,…

3 hours ago

Three dead in Malibongwe two truck crash

Three people were killed while another three sustained critical injuries in a crash between two trucks in Cosmo City on…

20 hours ago

Driver, Three Passengers Killed In N4 Nelspruit Truck Rollover

Nelspruit - Four people were killed on Thursday morning when a truck overturned on the N4 near Schagen in Nelspruit.…

5 days ago

Watch | Two truck drivers killed in KZN crashes

Two truck drivers have sadly been killed in two separate crashes in Kwa-Zulu Natal today, Friday the 5th of October…

2 weeks ago

Volvo Trucks developing autonomous electric vehicle for transport

Volvo Trucks is developing a futuristic tractor for repetitive transports involving high precision between fixed hubs – a platform that…

3 weeks ago

WATCH | Suspect hangs onto moving truck for dear life after failed hijacking

MBOMBELA – A hijacker was forced to employ his spiderman skills to hang onto a moving truck following a failed…

3 weeks ago

This website uses cookies.