Keely Goodall2 June 2025 | 14:23

New foreign national employment policies clash with constitution – Policy Analyst

Cabinet has approved the Employment Services Amendment Bill and the National Labour Migration Policy White Paper to regulate the employment of foreign workers.

New foreign national employment policies clash with constitution – Policy Analyst

Picture: Pexels.com

CapeTalk’s Lester Kiewit speaks with Dr Dale McKinley, Independent Policy Analyst and Part of the Coordinating Committee of Kopanang Africa Against Xenophobia

Listen below:

The Employment Services Amendment Bill and the National Labour Migration Policy (NLMP) White Paper have been approved by cabinet.

Cabinet is aiming to regulate the employment of foreign nationals through these policies, particularly in agriculture, hospitality, tourism, and construction.

This may come with quotas on hiring foreign nationals in specific sectors, occupations, or regions.

McKinley argues that these changes in policy can be seen as discriminatory and may disadvantage documented immigrants in South Africa.

He adds that it clashes with our constitution which states that all who live and work in South Africa have the right to work and access services.

“That is a foundational principle of our constitution… this legislation is saying that if your nationality is different, you will not get full access, you will be pushed down the queue.”
- Dr Dale McKinley, Independent Policy Analyst