The government is facing mounting pressure to accelerate the passage of the Employment Services Amendment Bill and the Draft National Labour Migration Policy amid intensifying protests over foreign nationals, both documented and undocumented, allegedly taking jobs from locals.
According to the latest report of the parliamentary monitoring group, which records parliamentary proceedings including portfolio committees, the Bill was officially introduced and tabled in the National Assembly by Employment and Labour Minister Nomakhosazana Meth on Friday.
Civil society group, March and March, has set a 30 June deadline for undocumented migrants, mainly from African states, to leave the country voluntarily or face forced removal.
The organisation has escalated its street action, insisting that “illegal migrants must pack and go peacefully”.
Ghana has already begun repatriating its citizens, while Nigeria has announced plans to transport its nationals back home.
Nigerian parliamentarians and politicians have opposed the removals, with some threatening retaliation.
Yet, Nigerian migrants have previously faced expulsions in countries such as Ghana, where they were accused of crimes, including drug trafficking, human smuggling, cybercrime and money laundering.
In the case of Southern African Development Community countries, which contribute the largest chunk of illegal migrants who often jump the borders, they have kept quiet on what they plan to do about their undocumented citizens in SA.
The local campaign has jolted the government into treating migration as a priority issue.
Experts said the issue is bound to be a campaign issue in the 4 November local government elections.
While the ANC and EFF have condemned civil society-led removals, opposition parties such as ActionSA, the Umkhonto weSizwe Party, the African Transformation Movement and the United Democratic Movement have openly spoken out against undocumented migrants.
Others remain neutral or have not expressed a clear position.
What the Employment Services Amendment Bill proposes
The Bill seeks to tighten the regulation of foreign nationals in the labour market.
It empowers the minister to set quotas for foreign workers by sector, occupation or region.
Employers would be legally obliged to prioritise South African citizens and permanent residents before recruiting foreigners and must satisfy themselves that there are no local skills available.
Where foreigners are hired, employers must implement skills transfer plans to local employees.
Exemptions apply to small businesses, critical skills categories, ministerial waivers and in the case of scarce skills.
The Bill amends the Employment Services Act of 2014, which governs public employment services, private agencies and the management of foreign labour.
It also reinforces state-sponsored job-matching schemes for youth, vulnerable job seekers and distressed companies.
Labour migration policy and business restrictions
The policy complements the Bill by addressing perceptions that foreigners are favoured by employers, particularly in industries such as hospitality, retail, construction, logistics and low-income labour sectors.
Investigations have found undocumented migrants working in municipal outsourcing contracts – including grass cutting, cleaning and security – instead of locals.
The policy will impose quotas on the number of documented foreign nationals with work visas employed in key sectors.
It will also restrict foreign nationals from obtaining business visas in certain industries and amend the Small Business Act to limit their ability to establish small, medium, and micro-sized enterprises or trade in designated areas.
President Cyril Ramaphosa previously pledged to deploy 10 000 additional labour inspectors to enforce compliance with labour and immigration laws.
Meth has vowed to intensify inspections to ensure legislation is applied.
Questions remain over quota system
Employment expert Henry Rossouw said: “In addition to the limitation on the employment of foreign nationals, the Bill proposes that foreign nationals be precluded from starting small businesses in certain sectors.”
Amendments to the National Small Business Act of 1996 will accompany these proposed amendments.
He said it was not clear how the quotas would operate.
“Will they apply equally to foreign nationals who are already in employment or only to appointments of new employees going forward, should be Bill be passed into law?”
