Immigration Act

The recently promulgated South African Immigration Act (and its regulations) and Department of Home Affairs procedures replaced the Aliens Control Act. The new legislation holds serious implications for the mining industry, which employs in excess of 100 000 citizens from South Africa's neighbouring states. Many of these workers are 2nd, 3rd and even 4th generation workers on South Africa's gold, platinum and coal mines.

The main objective of the new legislation is to regulate the influx of foreigners working in South Africa. The ultimate goal is to reduce South Africa's reliance on foreign workers and to encourage South African companies to train and employ South Africans, thereby reducing the unemployment rate in the Republic. The Immigration Act is subject to various existing inter-governmental agreements that dictate the requirements and conditions under which the foreign governments allow employment of their citizens in South Africa.

The legislation provides for the imposition of heavy penalties in the event of employers not complying with its regulations or employing foreigners illegally. TEBA, as the main source of foreign workers for South African mines, assists employers and employees to comply with the regulations and co-operates with the South African Department of Home Affairs on logistical and administrative levels.

Downloads

» Download the Immigration Act here
» Download Amendments to the Immigration Act here

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