Employment and Labour Minister Nomakhosazana Meth has clarified that proposed amendments to the Employment Services Act will not give refugees or asylum seekers new employment rights or remove existing immigration requirements.
Meth has noted public commentary and social media discussions over the proposed amendments, particularly changes to the definitions of “foreign national”, “refugee” and “asylum seeker”.
The Department of Employment and Labour said the proposed amendments were intended to align the Employment Services Act with existing South African legislation, including the Immigration Act and the Refugees Act.
The changes were aimed at providing greater legal clarity and consistency in the administration of labour market policies and services.
The department also rejected claims circulating on social media that refugees and asylum seekers would no longer be regarded as foreign nationals or would automatically enjoy the same labour market privileges as South African citizens.
“These claims are incorrect and do not reflect the purpose or effect of the proposed amendments,” the department said.
Bill aims to protect employment opportunities
The department said the bill is primarily aimed at strengthening the regulation of South Africa’s labour market and ensuring employment opportunities are better protected and managed in the interests of South African workers.
The bill seeks to improve public employment services, strengthen compliance with labour legislation, enhance accountability among employers and employment agencies, and support government’s efforts to tackle unemployment.
The proposed amendments would provide government with improved mechanisms to monitor labour market trends and regulate the employment of foreign nationals in line with existing laws.
The department said sector-specific measures could also be developed where necessary to promote employment opportunities for South African citizens.
The bill would further strengthen the Public Employment Services system by helping connect work-seekers with available jobs, facilitate skills matching and improve labour market information systems.
The department said the Bill was not intended to exclude anyone from lawful employment.
“Rather, it seeks to ensure that employment practices are properly regulated, that employers comply with applicable legislation, and that South Africans are afforded meaningful access to available economic opportunities within a regulated labour market framework,” it said.
What the amendments will not change
The department said the proposed amendments would not change a person’s immigration status, grant citizenship, permanent residence or any immigration benefit, or remove obligations imposed by immigration legislation.
They would also not require employers to give preference to refugees, asylum seekers or any other category of non-citizens over South African citizens.
“The proposed amendments do not create new employment rights for refugees or asylum seekers, nor do they remove existing immigration requirements or employment regulations applicable in the Republic of South Africa,” the department said.
The amendments would also not alter the government’s commitment to prioritising employment opportunities for South Africans.
Instead, they would introduce clearer and more precise definitions for categories already recognised in South African law, including refugees, asylum seekers and permanent residents.
“These categories remain subject to the legal provisions governing their status and rights under the applicable legislation,” the department said.
The Bill would also establish a framework through which the minister, following consultation and due process, could determine sectoral or occupational measures where necessary to protect employment opportunities for South Africans while addressing critical skills shortages and labour market needs.
The department said the government remained committed to balancing South Africa’s constitutional, legislative and international obligations with the need to protect and promote employment opportunities for South African citizens.
Members of the public, stakeholders and interested parties have been encouraged to study the published Bill and participate constructively in the legislative process through the available public consultation mechanisms.
The department said it would continue to provide factual information and clarification to ensure public discussion on the proposed amendments was informed by the actual contents of the legislation.
