Crackdown on South Africans who employ illegal foreigners

South Africans who employ illegal foreign nationals face arrests, fines, and imprisonment as part of a government crackdown.

The government has intensified enforcement against employers who hire undocumented foreign nationals.

Businesses found to be in contravention of the Immigration Act face arrests, financial penalties and prison sentences of up to three years.

The Department of Home Affairs (DHA), the Department of Employment and Labour (DoEL), and the South African Police Service (SAPS) have joined forces on the issue.

They have stepped up workplace inspections across the country as part of broader efforts to curb the employment of foreign nationals without valid work authorisation.

In July 2026, compliance inspections in Gauteng resulted in factory and business managers being taken into custody for violations of the Immigration Act.

Earlier this year, six employers operating wholesale and retail businesses were arrested and issued admission-of-guilt fines for contravening immigration legislation.

More recently, two employers were arrested during operations conducted by KwaZulu-Natal authorities against undocumented foreign nationals.

Section 38 of the Immigration Act prohibits any person from employing a foreigner whose status does not authorise that person to be employed in South Africa.

Section 49(3) of the Immigration Act provides that anyone who knowingly employs an illegal foreigner is in violation of the Immigration Act.

These employers commit a criminal offence which can result in a fine, arrest, or imprisonment. Non-compliant employers face:

• First offence: fine or up to 1 year imprisonment.
• Second offence: fine or up to 2 years imprisonment.
• Third or subsequent offence: up to 3 years imprisonment without the option of a fine.

Aadil Wadee, Immigration Lawyer at Xpatweb, said the law places the responsibility on the company or employer to determine the legal status of any foreigner they employ.

He said that employers who hire foreign nationals should take proactive steps to verify and maintain the immigration status and work authorisation of every employee.

Wadee cautioned that a single undocumented foreign employee can expose a business to severe penalties and potential criminal liability, even if unintentionally.