By Shelton Mahandana
In South Africa employing illegal immigrants without work permits is against the law. Doing so can lead to severe consequences for both employers and the immigrants involved.
Employers risk facing fines, legal action, and even imprisonment for violating immigration laws. For undocumented workers, the risks include exploitation, abuse, and deportation. Understanding the laws and consequences surrounding the employment of undocumented immigrants is crucial for employers and individuals seeking legal status in South Africa.
In terms of the Immigration Act of South Africa, no person is allowed to knowingly employ an illegal foreigner. Foreigners require valid work visas to work in South Africa and often these visas are linked to a specific employer and are not transferable.
Section 38 of the Immigration Act provides that no person shall employ:
- an illegal foreigner;d
- a foreigner whose status does not authorise him or her to be employed by such person; or
- a foreigner on terms, conditions or in a capacity different from those contemplated in such foreigner’s status.
In terms of section 38(2) of the Immigration Act, a duty is placed on an employer to make an effort, in good faith, to ensure that no illegal foreigner is employed by it and to ascertain the status or citizenship of the persons it employs.
Furthermore, section 49(3) of the Immigration Act provides that anyone who knowingly employs an illegal foreigner or a foreigner in violation of the Immigration Act shall be guilty of an offence and liable to a fine or a period of imprisonment not exceeding one year for a first offence.
