One Step Forward, Two Steps Back? The Foreign Worker Bill That Risks Deterring The Skills That Create Jobs

South Africa has spent recent years making it easier for employers to bring in scarce skills. The Employment Services Amendment Bill pursues a legitimate goal, but as drafted it risks undoing some of that progress by adding a second, stricter approval layer for foreign nationals the state has already admitted to work.

Few would dispute the purpose of the Employment Services Amendment Bill. Regulating labour migration and tackling unlawful employment are legitimate priorities. The question is whether the Bill’s mechanisms are aimed precisely enough to achieve them without catching the lawful, high-skill appointments that South Africa has worked to attract.

On paper, the Bill's intentions are hard to fault. Under the proposed section 2(1)(h), the Act must facilitate and regulate the employment of foreign nationals who are not illegal foreigners. It must do so in a way that: