On October 8, 2026, Employment and Labour Minister Nomakhosazana Meth addressed concerns surrounding proposed amendments to the Employment Services Act in South Africa. The clarification comes after public commentary and social media discussions suggested that refugees and asylum seekers would gain new employment rights. However, Minister Meth stated that this is not the case. The proposed amendments aim to align the Employment Services Act with existing South African legislation.
The Department of Employment and Labour emphasized that the proposed changes are intended to provide greater legal clarity and consistency in the administration of labour market policies and services. Specifically, the amendments aim to update the definitions of “foreign national”, “refugee”, and “asylum seeker”. This move is expected to enhance the regulation of South Africa’s labour market, ensuring employment opportunities are better protected and managed in the interests of South African workers.
Contrary to claims circulating on social media, the Department of Employment and Labour denied that refugees and asylum seekers would no longer be regarded as foreign nationals or automatically enjoy the same labour market privileges as South African citizens. The department stressed that these claims are incorrect and do not reflect the purpose or effect of the proposed amendments. The bill primarily aims to strengthen the regulation of South Africa’s labour market.
The proposed amendments would provide the government with improved mechanisms to monitor labour market trends and regulate the employment of foreign nationals in line with existing laws. Additionally, sector-specific measures could be developed where necessary to promote employment opportunities for South African citizens. This approach seeks to balance South Africa’s constitutional, legislative, and international obligations with the need to protect and 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. According to the department, the bill is not intended to exclude anyone from lawful employment. Instead, it seeks to ensure that employment practices are properly regulated, and employers comply with applicable legislation.
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 department reiterated that the proposed amendments do not create new employment rights for refugees or asylum seekers.
The Department of Employment and Labour encouraged members of the public, stakeholders, and interested parties to study the published Bill and participate constructively in the legislative process through available public consultation mechanisms. The department remains committed to providing factual information and clarification to ensure public discussion on the proposed amendments is informed by the actual contents of the legislation.
Key points
- The proposed amendments do not create new employment rights for refugees or asylum seekers.
- The bill aims to strengthen the regulation of South Africa’s labour market and protect employment opportunities for South African workers.
- The amendments seek to align the Employment Services Act with existing South African legislation.
