In mid-February 2025 the DEL Minister indicated that:

• 68 employers were arrested across South Africa, all of whom paid a R10,000 admission of guilt fine in lieu of fines in terms of the Immigration Act, with the highest number of employer arrests having occurred in the Eastern Cape and Mpumalanga.
• Accordingly, the total amount paid in lieu of fines was R680,000.
• 322 employees were arrested and further processed under the Immigration Act.

The DEL continues to spearhead compliance inspections and to clamp down on contraventions of the Immigration Act in 2025.

Employers are reminded of their obligation to ensure that they are not employing any illegal foreigners, and to determine the status of any foreigner who is employed. Where an illegal foreigner is employed, employers need to be aware that this constitutes a breach of the Immigration Act.

In managing the employment relationship with any foreign employees, its therefore important to be proactive and mitigate against any risks associated with such employment. Regular audits have become a necessity. Where illegal foreigners are identified, employers should take caution to manage the situation appropriately to avoid being on the wrong side of dismissals and having to defend claims in the Commission for Conciliation, Mediation and Arbitration.