• In light of Government’s strengthened approach to address illegal immigration, it is more important than ever for employers to understand the criminal consequences that may arise where they do not comply with South Africa's immigration laws.
• This alert provides a practical overview of the consequences under the Immigration Act 13 of 2002 and signals the new regime that will follow if the proposed amendments to the Employment Services Act 4 of 2014 are enacted.
• The criminal consequences of non-compliance are significant, span multiple statutory provisions, and include imprisonment and civil penalties of a magnitude not previously seen in South African immigration and employment law.

In light of Government’s strengthened approach to address illegal immigration, it is more important than ever for employers to understand the consequences that may arise where they do not comply with South Africa’s immigration laws. This alert provides a practical overview of the consequences under the Immigration Act 13 of 2002 (Immigration Act), as well as highlighting the new regime that will follow if the proposed amendments to the Employment Services Act 4 of 2014 (ES Act) are enacted.

Criminal offences under the Immigration Act

Section 49 of the Immigration Act outlines a comprehensive range of offences and corresponding penalties for various role players in the immigration space in respect of breaching certain of its provisions. The offences relevant to employers in relation to their...

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