A petition opposing the Employment Services Amendment Bill has gathered over 155,700 signatures in less than 72 hours. This petition, initiated by the civil movement for constitutional reform in South Africa and posted on the South African Constitution Reform social media pages, advocates for stricter control over the employment of foreign nationals in the country.
Prins Mtombene Maduma, co-founder of SACR, raised questions about whose interests the proposed Employment Services Amendment Bill protects, expressing concerns regarding quotas for foreign employment, labor market tests, and accountability. She asked: 'The South African employment laws are about to change, but whose interests do they actually protect?'
Maduma emphasized that South Africa is facing a serious unemployment crisis, with millions of South Africans seeking work while Parliament considers legislation that could significantly impact the regulation of employment opportunities in the country.
South African content creator, educator, and body positivity advocate Sangelé Shabalala, known as 'Thick Dudle,' also joined the discussion, sharing the petition on her Facebook platform with the caption: 'South Africa, please take a minute to sign the Employment Services Amendment Bill petition...'
In the first few hours, SACR registered 59,960 visits from Johannesburg, followed by Durban with 57,000. On Thursday, SACR reported that KwaZulu-Natal leads with 36% participation, while Gauteng showed 32% with 52,390 registered responses.
Among the petition signatories, the 25–34 age group leads with 41% participation, followed by the 35–44 age group with 33%.
SACR announced that the petition will close on November 2nd, and public comments to the Portfolio Committee on Employment and Labour and Home Affairs will close on November 6th.
Questions about regulatory consistency
Expressing concern over the bill, Maduma noted: 'Firstly, the definition of a foreign national. The Bill excludes permanent residents, recognized refugees, and asylum seekers from its definition of a foreign national.'
She added that the bill raises important questions about uniformity in employment regulation and how different categories of non-citizens will be treated.
She pointed out a contradiction requiring attention: 'Although 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 labor market test. Employers must establish whether suitable qualified South Africans are available before hiring foreigners. While we support the principle of protecting employment opportunities for South African citizens, how will this requirement be monitored and enforced?'
'Thirdly, the Bill grants the Minister the authority to impose employment quotas in various sectors, professions, and geographical areas. These decisions can have far-reaching consequences. What evidence will form the basis for the quotas? What guarantees will prevent arbitrary decisions? And how will decision-makers be held accountable?'
'The Bill also strengthens employer obligations, including verifying work permits, record-keeping, and facing significant financial penalties for repeated non-compliance. It is important to note that workers must still be able to claim what is legally due to them, even if their employment violates the law. Employers cannot simply use a person's immigration status to evade their responsibilities.' She also mentioned another important point: 'The Bill provides for opportunities for South Africans working abroad, including measures to support their recruitment, protection, and ultimately, 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 labor market.'
In response to ongoing discussions, Tebogo Tejane, a representative from the Department of Employment and Labour, stated that the Bill does not create new employment rights for refugees or asylum seekers. It does not grant citizenship, permanent residency, or any immigration status, nor does it amend the Immigration Act or the Refugees Act. He clarified that the purpose of the Bill is to strengthen labor market regulation, improve compliance with labor legislation, more effectively regulate labor migration, and support employment opportunities for South African citizens.
