Bayanda Hlongwane|Published
A petition to oppose the Employment Services Amendment Bill recorded over 155,700 submissions in less than 72 hours.
Shared on October 13 on South African Constitution Reform's social media platforms, the citizen-led constitutional reform movement's petition advocates for tighter controls on the employment of foreign nationals in South Africa.
Princy Mthombeni maDuma, co-founder of SACR, asked whose interests the proposed Employment Services Amendment Bill truly protects, raising concerns about foreign employment quotas, labour market tests, and accountability.
She questioned the bill, asking: "South Africa's employment laws are about to change, but whose interests are they really protecting?"
MaDuma said South Africa faces a serious unemployment crisis, and that millions of South Africans are looking for work while Parliament is considering legislation that could significantly shape how employment opportunities are regulated in the country.
South African content creator, educator and body positivity advocate Smangele Shabalala, well-known as "Thick Dudle", also joined the conversation, sharing the petition on her Facebook platform with the caption: "South Africa, please take a moment to sign the petition on the Employment Amendment Bill..."
In the first hours, SACR reported 59,960 visits from Johannesburg, with Durban close behind at 57,000.
On Thursday, SACR recorded that KwaZulu-Natal is leading with 36% participation, while Gauteng is at 32% with 52,390 recorded responses.
Among those who signed the petition, the 25–34 age group is leading at 41%, followed by the 35–44 age group at 33%.
SACR said it would close the petition on November 2, while public submissions to the Portfolio Committee on Employment, Labour and Home Affairs will close on November 6.
Questions over consistency in regulation
Raising concerns about the bill, MaDuma said: "Firstly, the definition of a foreign national. The Bill excludes permanent residents, recognised refugees and asylum seekers from its definition of a foreign national."
She added that the Bill raises important questions about consistency in the regulation of employment and how different categories of non-citizens will be treated.
She pointed to a contradiction which she said needs attention: "While these groups are excluded from the definition, the Bill specifically requires the Minister to consider the availability of skills among South Africans, Refugees and Asylum Seekers when determining employment quotas."
"Secondly, the Bill introduces a labour market test. Employers must establish whether suitably skilled South Africans are available before recruiting foreign nationals. While we support the principle of protecting employment opportunities for South African nationals, how will this requirement be monitored and enforced?
"Thirdly, the Bill gives the Minister powers to introduce employment quotas across different sectors, occupations and geographical areas. These decisions could have far-reaching consequences. What evidence will inform the quotas? What safeguards will prevent arbitrary decisions? And how will we hold the decision-makers accountable?
"The Bill also introduces stronger employer obligations, including checking work authorisation, keeping records and facing substantial financial penalties for repeated non-compliance. Importantly, it recognises that workers must still be able to claim what they are legally owed even when their employment contravenes the law. Employers cannot simply use someone's immigration status to escape their responsibilities.
"And there's another important inclusion. The Bill makes provision for South Africans working abroad, including measures to support their recruitment, protection and eventually their reintegration into our economy.
"These are important policy issues, so we must look beyond the headlines and examine what this legislation means for South African workers, employers, job seekers and the future of our labour market."
In response to the ongoing discussions, Employment and Labour Department spokesperson Teboho Thejane said the Bill does not create new employment rights for refugees or asylum seekers. It does not grant citizenship, permanent residence, or any immigration status, and it does not amend the Immigration Act or the Refugees Act.
He clarified that the purpose of the Bill is to strengthen labour market regulation, improve compliance with labour laws, regulate labour migration more effectively, and support employment opportunities for South Africans.
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