By Kotie Geldenhuys
Photo courtesy of Pixabay
They plant, clean, cook and care, and yet, their presence often goes unnoticed. Foreign workers from neighbouring countries are filling essential roles in South Africa, but many do so without legal status. Is this a common occurrence and if so, what are the risks for workers and the employers who rely on them?
For many South African businesses, from commercial farms to small-scale operations, foreign labour is a daily reality. Yet employing undocumented workers without fully understanding the legal framework can carry serious consequences, including fines, arrests and reputational damage. Employers who hire undocumented migrants are breaking the law; it is as simple as that. Aggy Moiloa, Inspector-General at the Department of Employment and Labour, stresses that businesses must ensure every foreign national in their workforce is legally employed, and that they strictly comply with immigration and labour laws. This responsibility requires more than just taking a work permit at face value. Employers must actively confirm the work permit’s legitimacy. The Department has identified agriculture, hospitality, iron and steel, construction, wholesale and retail as the top five high-risk sectors for employing undocumented foreign workers (Ntini, 2024).
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[This is only an extract of an article published in Servamus: March 2026. This article is available for purchase.]