Ramaphosa sends a warning to employers in South Africa

President Cyril Ramaphosa has sent a clear, uncompromising message to employers across South Africa – 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.

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), the Department of Home Affairs (DHA), and SAPS are continuing 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 non-compliant employers with 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.

Ramaphosa stressed in his SONA that illegal immigration poses a risk to South Africa’s security, stability and economic progress.

“As we undertake these interventions, we insist that the laws of our country must be observed by everyone,” he warned.

No place to hide for employers

While the DoEL enforces labour laws to protect workers, DHA officials conducting inspections verify visa and work permit validity to ensure compliance.

Under the Immigration Act of 2002, employing undocumented foreigners or workers with expired, falsified, or incorrect permits is a punishable offence.

Xpatweb senior immigration consultant and attorney Aadil Wadee pointed 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,” he warned.

“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.

With the stakes this high, employers should take pre-emptive steps to ensure they are on the right side of the law, Wadee notes.

Xpatweb stressed that a proper Immigration Compliance Audit can identify expired, invalid, or fraudulent visas, confirm that employees’ roles align with their permit conditions, and detect forged or manipulated documentation.

These audits, which should be conducted by reputable immigration and legal specialists, demonstrate due diligence and help identify compliance gaps within an employer’s foreign workforce before enforcement action occurs.

“Contravention of the Immigration Act comes with serious consequences for both the employer and illegal employees,” Wadee said.

“Companies that employ foreign nationals should ensure they are compliant to safeguard them against fines, operational disruption, and criminal exposure.”