Companies in South Africa could soon face stricter rules when hiring foreign nationals under the proposed Employment Services Amendment Bill.
The bill would require employers to show that they searched for the needed skills locally before recruiting workers from outside the country. It does not block foreign nationals from being employed, but aims to create a clearer system for recruiting abroad when there are genuine skills shortages.
Boyce Maneli, chairperson of Parliament’s Portfolio Committee on Employment and Labour, said employers would need to demonstrate that they looked for the required skills in South Africa and could not find suitable local candidates. This means companies may not simply bring in foreign workers without explaining why the job cannot be filled locally.
The proposed system would rely on labour-market information. Maneli said employers could use data from platforms such as Employment Services South Africa and other relevant private-sector platforms to show whether certain skills are available in the country.
The proposal does not mean foreign nationals will be completely barred from working in South Africa. Maneli said the economy can still face shortages in certain sectors, especially when growth creates demand for specialised skills, and employers may still recruit from abroad in those cases.
The bill would also give legal backing to the existing National Labour Migration Policy, moving the framework into legislation. It seeks to regulate the employment of foreign nationals in line with the Immigration Act and the Refugees Act.
South Africa continues to face high unemployment, making the employment of foreign nationals a major public debate. Some communities argue that employers should do more to hire South Africans first, while others warn that foreign workers must not be abused, underpaid or used to weaken labour standards.
The bill is still proposed legislation and has not yet become law. Parliament has opened the matter for public comment, with written submissions due by 6 November 2026.
If passed, employers may need to keep records showing that they advertised or searched locally before recruiting abroad. They may also need to use official labour platforms and provide proof that the required skills were not available in South Africa.