• The Employment Services Amendment Bill, 2025 (Bill) seeks to amend the Employment Services Act 4 of 2014 so as to introduce a comprehensive framework for regulating the employment of foreign nationals in South Africa.
• On 5 August 2026, the Department of Employment and Labour (DEL) briefed the National Assembly’s Portfolio Committee on Employment and Labour (Committee) on the Bill.
• This marked the Bill’s formal introduction to the Committee and followed an earlier workshop briefing at which the DEL presented the policy context underpinning the Bill and the National Labour Migration Policy.

Key features of the Bill

The key provisions of the Bill include:

• The insertion and amendment of certain definitions that broaden the scope of application of the ES Act.
• The insertion of a new Chapter 3A (sections 12A to 12E) that prohibits the employment of foreign nationals who are not authorised to work in South Africa and that includes additional obligations requiring employers of foreign nationals to verify work eligibility, seek suitably qualified South African candidates first, prepare skills transfer plans, offer terms no less favourable than those applicable to South African citizens, and retain supporting documentation for a particular period.
• The granting of powers to the Minister of Employment and Labour to set maximum quotas for the employment of foreign nationals by sector, occupational category or area (subject to consultation with the Employment Services Board.)
• The...

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