Section 38(1) of the Immigrations Act (Act 13 of 2002, as amended by Act 19 of 2004) reads as follows:
“No person shall employ an illegal foreigner or a foreigner whose status does not authorise him or her to be employed by such person or a foreigner on terms, conditions or in a capacity different from those contemplated in such foreigner’s status.
Section 2 further states
An employer shall ascertain in good faith and with great effort that no illegal foreigner is employed by him or her and must determine the correct status of citizenship of those whom he or she employs.
Section 3 states
It will be presumed by Law that the employer knew at the time of the employment that such person was an illegal foreigner unless the employer can prove otherwise.
The Labour Act (Section 49) further states:
“…anyone who knowingly employs an illegal foreigner or a foreigner in violation of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year, provided that such person’s second conviction of such an offence shall be punishable by imprisonment not exceeding two years or a fine, and the third or subsequent convictions of such offences by imprisonment not exceeding three years without the option of a fine”
This is an excerpt of an article that originally appeared on the website http://www.chamberlink.co.za/. You can read the full article here.