SA immigration law to get a lot tougher

SOUTH Africa's immigration law is about to get a whole lot tougher as the home affairs department decides to slap prison terms on employers of undocumented migrants.

According to home affairs minister Malusi Gigaba's spokesman Mayihlome Tshwete, this latest step will apply to all offenders, be they the head of a domestic household or the owner of a business.

The move comes hot on the heels of a wave of xenophobic attacks across Gauteng, though Tshwete is adamant the two are unrelated.

That ought to be a chilling warning to the millions of homes across South Africa that illegally employ foreigners as gardeners, domestic workers or nannies, as well as to companies that employ undocumented labourers, often for a lot less than they would pay their SA counterparts.

As it stands, no-one knows how many undocumented foreigners are resident in South Africa. A few years back it was assumed there were 3 million or so Zimbabweans living in SA, yet when government introduced special work permits for them in 2009, only 300 000 applicants came forward, of whom 250 000 were successful. When that cohort was forced to reapply last year, only 207 000 of them did so. However, as Tshwete points out, it would be wrong to assume the remaining 40 000 are now working illegally as some have returned home, while others have changed their status and become holders of different visas.

Still, the problem does not rest with a few thousand Zimbabweans as SA is a magnet for economic refugees from tens of countries across the continent and elsewhere. Look over any wooden fence and there is likely to be a Malawian gardener looking back at you, or probe the private security or construction industries, which are often heavy on Zimbabwean recruits.