By Levy Masiteng
The Department of Employment and Labour has rejected as false claims circulating on social media that proposed amendments to the Employment Services Act will give refugees and asylum seekers the same employment rights and privileges as South African citizens.
The department said the claims misrepresent the purpose of the Employment Services Amendment Bill and risk fuelling confusion at a time when tensions over asylum seekers and immigration are already running high across the country.
In a statement issued on Wednesday evening, Employment and Labour Minister Nomakhosazana Meth said the proposed amendments “do not create new employment rights for refugees or asylum seekers” and do not remove existing immigration requirements or employment regulations.
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The department said the amendments are primarily intended to align definitions in the Employment Services Act with existing legislation, including the Immigration Act and Refugees Act.
“These claims are incorrect and do not reflect the purpose or effect of the proposed amendments,” the department said.
The clarification came as South Africa faces heightened tensions over asylum and immigration following a Constitutional Court judgment that has effectively reopened access to the asylum system to people who had previously been prevented from applying because of immigration-related procedural requirements.
The Constitutional Court confirmed in July that provisions of the Refugees Act which could prevent asylum seekers from having their claims assessed on their merits because of procedural non-compliance were unconstitutional.
The ruling has since become a source of political and public tension.
On Wednesday, hundreds of foreign nationals gathered outside the Department of Home Affairs’ Refugee Reception Centre on Che Guevara Road in Durban to apply for asylum-related documentation, while anti-illegal immigration groups protested against the processing of applications.
The Department of Home Affairs has separately warned about what it described as a large-scale disinformation campaign surrounding the Constitutional Court judgment, saying false claims were being spread in a manner that could “inflame tensions and violence” in the country.
According to the Employment Services Amendment Bill, currently before Parliament, it seeks to establish a stronger framework for regulating the employment of foreign nationals and to improve enforcement of labour and immigration laws.
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Parliament said the Bill is intended to regulate foreign labour while aligning the Employment Services Act with the Immigration Act and Refugees Act.
The Bill also proposes stronger public employment services, improved skills matching and better labour-market information systems.
According to the department, it would give government mechanisms to monitor labour-market trends and, where necessary, introduce sectoral or occupational measures to protect employment opportunities for South Africans while taking critical skills shortages into account.
“It does not seek to exclude any person from lawful employment”, the department said.
It also stressed that the proposed amendments would not change a person’s immigration status; grant citizenship or permanent residence or provide any immigration benefit.
“It will not remove obligations imposed by immigration legislation or require employers to give preference to refugees, asylum seekers or other non-citizens over South African citizens,” the department added.
Meth said instead it seek to introduce “clearer and more precise definitions” for categories already recognised in South African law.
“The amendments merely introduce clearer and more precise definitions for categories already recognised in South African law, including refugees, asylum seekers and permanent residents,” she added.
The controversy came as Parliament’s Portfolio Committee on Employment and Labour is conducting public consultation on the Bill.
Parliament opened written public submissions in September, with stakeholders given until 6 November to make submissions.
Parliament has described the legislation as a significant proposed change to South Africa’s labour-migration framework, particularly because it seeks to regulate the employment of non-citizens while balancing local employment opportunities with the rights of migrant workers.
The department urged members of the public and other stakeholders to study the actual Bill and participate in the parliamentary consultation process rather than relying on claims circulating on social media.
