New compliance portal helps businesses verify foreign employee work rights and generate audit-ready documentation under Section 38 of the Immigration Act
Joint task teams from the Department of Home Affairs and the Department of Employment & Labour are conducting active workplace raids across South Africa, with employers found without documented compliance records facing arrest and fines of up to R100,000 per undocumented worker.
With 12 days remaining until June 30, enforcement activity has escalated significantly. Law enforcement is targeting businesses, shopping centres, and public spaces nationwide. The Employment Services Amendment Bill, introduced in June 2026, further proposes criminal penalties and foreign worker quotas for non-compliant employers.
The legal obligation on employers
Under Section 38 of the Immigration Act, the legal duty to verify foreign employee work authorisation rests entirely with the employer — not the employee. Section 49(3) provides for criminal prosecution of employers found repeatedly non-compliant. A physical copy of a work permit does not constitute a compliance record under the Act. Employers are required to maintain documented, auditable verification records for every foreign national in their employ.
“Most employers believe that keeping a photocopy of a permit is sufficient,” said Eugene Coetzee, founder of the South African Employer Compliance Portal. “It is not. The law requires documented proof that the employer actively verified the permit — and that record must be audit-ready the moment an inspector walks through the door.”
SAECP — Built for this moment
The South African Employer Compliance Portal (SAECP) was developed specifically to address the compliance gap facing South African employers. The platform enables businesses to verify foreign employee work authorisation, generate legally structured compliance certificates, and track permit expiry dates — creating a documented paper trail that meets the standard required under Section 38.
SAECP is designed for small to medium businesses that do not have dedicated legal or HR compliance teams but carry the same legal obligations as large corporates.
Access the portal at www.saecp.co.za
About SAECP: The South African Employer Compliance Portal is a digital compliance verification platform helping South African employers meet their obligations under the Immigration Act. SAECP provides structured documentation, compliance certificates, and permit tracking for employers of foreign nationals.
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Author: Eugene Coetzee from SAECP on behalf of Eugene.
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