IN CONVERATION WITH INNOCENT MOLOI, Paralegal
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The Immigration Act, 2002 (Act No. 13 of 2002) regulates the entry,
residence, and employment of foreign nationals in South Africa. In
terms of the Act, it is an offence for any person to harbour, assist, or
employ undocumented foreign nationals. This includes providing
accommodation, employment, or any form of assistance to individuals
who are not legally permitted to remain in the country.
Landlords are required to ensure that foreign tenants are in
possession of valid documentation issued by the Department of Home
Affairs before entering into rental agreements. Similarly, employers
must verify that any foreign national they employ holds a valid work
visa or permit authorising employment in South Africa, in line with the
Immigration Act and the Employment Services Act.
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Employment of foreign nationals is only permitted where individuals
possess the necessary skills or qualifications that are recognised as
scarce or critical within the South African labour market, and must be
done in full compliance with applicable legislation.
Failure to comply with these legal requirements may result in
prosecution, which can include substantial fines and/or imprisonment.
Foreign nationals found to be in the country illegally may be subject to
arrest, processing in terms of the Act, and deportation to their country
of origin.
residence, and employment of foreign nationals in South Africa. In
terms of the Act, it is an offence for any person to harbour, assist, or
employ undocumented foreign nationals. This includes providing
accommodation, employment, or any form of assistance to individuals
who are not legally permitted to remain in the country.
Landlords are required to ensure that foreign tenants are in
possession of valid documentation issued by the Department of Home
Affairs before entering into rental agreements. Similarly, employers
must verify that any foreign national they employ holds a valid work
visa or permit authorising employment in South Africa, in line with the
Immigration Act and the Employment Services Act.
10:05
…………
10:10
Employment of foreign nationals is only permitted where individuals
possess the necessary skills or qualifications that are recognised as
scarce or critical within the South African labour market, and must be
done in full compliance with applicable legislation.
Failure to comply with these legal requirements may result in
prosecution, which can include substantial fines and/or imprisonment.
Foreign nationals found to be in the country illegally may be subject to
arrest, processing in terms of the Act, and deportation to their country
of origin.
